Cash receipt application. How to return a debt on a receipt

19.10.2019

A relationship agreement may be concluded between the parties different ways. One of them is writing a receipt. According to the document, one party undertakes to return cash another within the specified time.

The order is simple and understandable in theory. In practice, there are often cases when persons violate the terms of the agreement. As a result, the rights of one of the parties are not respected in case of non-payment of the debt on receipt.

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You can restore justice by contacting the judiciary. The plaintiff needs to study the sample statement of claim to the court on receipt in order to correctly draw up the document.

The essence of the procedure

Civil Code Russian Federation(paragraph 2 of article 808) prescribes the legal force of the receipt. The document is a confirmation of the fact of the transfer of funds from one person to another.

Important attention is paid to the receipt when concluding a loan agreement in writing, when the parties do not comply with this clause. Then the receipt confirms the transfer of money.

In order for the document to be used in court, it is necessary to correctly draw up a receipt:

It is necessary to hand-fill the receipt by the person who undertakes to pay the money. It is better not to use printed forms.
It is worth noting the contact information about the parties, as well as personal and passport data.
The receipt notes the fact that the money was transferred to the borrower.
Be sure to indicate the date of preparation of the document and the time when the debtor received the amount.
It is necessary to indicate the nature of the transfer of funds in the form of a loan, and you also need to prescribe the amount in numerical and alphabetic terms.

The date of the refund is not specified. It is determined on the basis of the Civil Code of the Russian Federation (Item 2 of Article 314).

If the return period has already come, and the transfer of money has not been made, then you can file a claim. But it is not mandatory. If the debtor refuses to return the money, a claim can be made. To do this, you need to study the sample statement of claim to the court on receipt.

Main formalities

When drawing up a claim, it is worth knowing the requirements for both a receipt and an application that will be submitted to the court. According to them, the content of documents is determined.

Information and content requirements

In most cases, the judiciary requires a peaceful settlement of the conflict between the parties. A person should be able to confirm attempts to communicate with the debtor (testimony of witnesses, availability of documents). If pre-trial negotiations do not give a result, then it is allowed to go to court.

It is important to remember that cases on the return of a debt on a receipt have a statute of limitations. They are three years from the date of violation of the rules of the contract.

Statement of claim drawn up with the indication of the requirements of the injured party.

Among them are:

return of the full amount of the debt;
payment of late interest on receipt or in accordance with the refinancing rate;
reimbursement of legal costs.

The court considers only correctly executed and competent applications.

Therefore, it is important to check the content of the document for compliance with certain requirements:

The claim must indicate the official name of the judicial body where the application is being filed.
The details of the plaintiff and defendant are written in full. In addition to personal information, the registration address and place of residence are noted.
The document indicates the total amount to be recovered from the debtor. It is necessary to paint all the components of the specified number.
Confirmation of the legitimacy of the actions of the person submitting the application is a receipt, as well as other documents that are indicated in the claim.
It is necessary to describe the specifics of the situation, the reasons for its occurrence and the measures that were taken to resolve the conflict peacefully.

It is important to back up every word written in the claim with documents, otherwise the court may decide in favor of the debtor, as there will be no grounds for satisfying the claim

It is worth finding out what are the requirements for a receipt so that it can be accepted by the court as a legal document:

At the preliminary stage of preparing the receipt, you need to sketch out the main points on the draft. So it will be easier in the final version to clearly structure the data.
It is worth finding out and reflecting in the document all the information about the borrower. Subsequently, it will be easier to find out the location of the face.
Do not abbreviate the last name, first name, patronymic, date of birth, address of registration and residence. Be sure to include your passport information.
The receipt must have a clear structure. It is important to write that the money was lent and not donated or paid as wages.
The amount owed must be correct. You need to write down the amount of the loan in numbers and letters. Claims to repay the debt are made in accordance with the same currency in which it was transferred to the person.
The document indicates the consequences and measures that will occur and be taken in case of violation of the terms of the receipt.

Compilation rules

In order for the receipt to be accepted by the court, it is necessary to follow certain rules for its preparation.

There are some features of the document for 2019:

When a receipt is issued, at least one witness must be involved in signing. It is best if he has certain legal skills or has a similar specialized education. The fact of his presence is confirmed by the signature on the document.
It is better not to issue a receipt if the loan amount exceeds 10 minimum wages. Then it is necessary to conclude an agreement, as well as issue a check, an invoice. Only these documents can be presented in court for debt collection.
The receipt is drawn up on behalf of the borrower. He must draw up and sign it in the presence of the creditor.
It is forbidden to sign an empty form. In this case, the borrower runs the risk of taking one amount in fact, and returning a completely different amount under the contract. Also, you need to sign immediately below the text. Otherwise, an unscrupulous creditor may write one more clause into the contract without the knowledge of the other party.
The receipt is drawn up in accordance with the legislation of the Russian Federation.
Only normative vocabulary can be used in the document.
It is allowed to indicate the size of the penalty for late payment of funds. However, even if this item is not spelled out, the penalty will be calculated based on the refinancing rate ( 8,3% per annum).
It is worth double-checking the details of the borrower's documents and the information specified in the receipt. If errors are made, the document is considered invalid.
Care must be taken to ensure that the purpose of the loan is not listed as running a business. In this case, the debtor can write off the impossibility of returning the money to unforeseen risks. Then the borrower will not receive the debt.

How to file a sample statement of claim in court on receipt

A receipt is a document confirming the transfer of funds from a lender to a borrower. She proves the existence contractual relations between the parties. The loan agreement comes into force from the moment when the money was transferred to another person.

Refunds can be made without the involvement of the court. In such a case, the creditor may try to amicably resolve the dispute. But if the requirements were not satisfied within the agreed time frame, then a claim must be prepared.

The statement of claim is a document for the commencement of legal proceedings to recover the debt. Refunds will be made based on a court order. If in the future the debtor goes into refusal, then the case is transferred for execution to the bailiffs, who produce the recovery.

In a statement of claim for the return of a debt on a receipt, standard information is indicated:

the name of the court;
personal and contact details of the parties;
description of the situation;
time and place of transfer of money;
loan terms.

The amount of the state duty

All applications that are submitted to the judicial authorities must be paid.

The state fee is taken for the conduct of the case, and its amount may differ depending on the amount specified in the statement of claim:

Attached documents

A certain package of documents is required to be attached to the statement of claim.

Among them are:

copies of claims for all debtors (if there are several);
payment receipt state duty;
papers confirming the fact of the defendant's debt to the plaintiff;
documents that confirm that the plaintiff has made attempts to peacefully resolve the issue (testimony of witnesses);
calculation of the amount of debt with a description of additional allowances (interest, legal costs, payment for lawyer services, expertise);
a notarized power of attorney, if a representative acts on behalf of the person.

Despite the fact that the receipt is a full-fledged document for presentation in court, it is not always taken into account. In order for the court to consider the document and make it possible to repay the debt in accordance with it, it must be properly executed, taking into account all the rules.

It is customary to lend money to friends, relatives and good acquaintances on trust without drawing up an IOU.

Non-repayment of money happens quite often and the lender has to collect any evidence of their transfer to protect their rights. Everything should be recorded - from SMS and videotaping of conversations with the debtor.

What it is?

In the presence of trusting relationship between people, for example, friends or relatives, a loan “on parole”, that is, without an elementary promissory note, is often used. If a we are talking about large sums, and persuasion to return voluntarily does not help, then it is necessary to contact the police and (or) the court.

In addition to written agreements, there is also a category of oral transactions. Such a concept is described in article 159 of the Civil Code of the Russian Federation. A loan agreement without writing a receipt can also be attributed to a similar category of transactions. The fact of the conclusion of the contract will be considered the direct transfer of money to the borrower.

A claim for the recovery of a debt without a receipt means the procedure for returning such a loan through the court. This is possible, but it is necessary to collect detailed evidence base. The real obstacle to getting their money back will be when the defendant can prove the lack of money in the transaction. It is not uncommon for a borrower to prove that the money was given to him free of charge.

Is it possible to recover a debt without a receipt, contract and witnesses?

The situation when money is borrowed without documentary evidence is much more difficult in terms of prospects for returning it through the courts.

The fact that there are no witnesses or witnesses in the form of relatives of the creditor only complicates the matter. But from the point of view of the law and judicial practice, it is possible to return your money.

There are at least three legal options for this:

Peaceful agreement;
Writing a claim (demand) to the debtor;
Filing a police report for fraud;
Filing a claim with the courts.

Some advise using the services of collection agencies, but they often use semi-legal methods to recover money. This can turn into serious problems for the lender, so it is better to use civilized methods within the law.

Peaceful agreement

If the person to whom the money is lent is really in predicament, it is better to try to negotiate peacefully. For example, to stipulate the return of the borrowed amount in fractional parts that are feasible for the borrower.

If necessary, you can visit a notary and fix new schedule notarized return. It would be wise to invite witnesses and talk with them about a fractional repayment of the debt. This can serve as strong evidence in the future.

Writing a Claim

After oral persuasion, you should use the direction of the claim to the debtor (). The fact of its writing can not only convince the debtor to repay the debt, but also serve as arguments in court. The claim must be sent by registered mail with notification or handed in person against signature.

In case of non-repayment of the borrower, the case is awaited by the police and the court. Moreover, in addition to the main debt, he will have to pay a fine for the misuse of other people's money and a state duty for filing a property claim.

Contacting the police

If the debtor ignores requests for repayment of the debt, the borrower has the right to apply to the police with a statement. According to paragraph 1 of Article 159 of the Criminal Code of the Russian Federation, the seizure of the right to another's property by deceit and abuse of trust is considered fraud.

What must be included in the application:

the circumstances under which the amount of money was borrowed – purposes, terms and other conditions verbal agreement;
the exact place and time of the transfer of money;
persons present at the conclusion of the transaction;
personal data of the debtor;
a description of all attempts at peace negotiations, writing a claim and a reaction to it, etc.;
any evidence of the transfer of money;
request for a criminal background check.

If you receive a refusal to initiate a criminal case, you should go to next measure- filing a claim.

Video: How to do

Writing and filing a claim for debt collection without a receipt

The composition of such an application is no different from the usual claim for recovery under a loan agreement. Only in this case the loan agreement was concluded orally.

the name of the judicial body;
Full name and actual address and registration of the plaintiff;
Full name and actual address and registration of the defendant;
Title of the document;
a description of the circumstances under which the money was given, and under what conditions;
formulation of requirements - to return the debt, interest (forfeit) and state duty;
calculation of the price of the claim;
list of applications;
date of compilation and signature with transcript.

In the list of applications, it is necessary to provide the entire evidence base, as well as a receipt for payment of the state duty, a calculation of the price of the claim, as well as a copy of the statement of claim for the defendant.

The price of the claim

The law limits the amount that can be recovered without a receipt - it should not exceed 10 minimum wages. For a larger amount, written proof of the loan is required and an oral agreement is not suitable as a basis for a return.

The minimum wage (minimum wage) is reviewed annually by the statistics service.

The price of the claim consists of the following components:

main debt;
interest for the use of money (if there was such an agreement);
late interest.

Oral contracts usually do not deal with interest for the use of money. But the penalty for the unlawful withholding of other people's money (in case of delay) is provided for by Article 395 of the Civil Code of the Russian Federation. The basis for their calculation is the key rate of the Central Bank.

Formula for calculating the penalty (percentage):

Amount of interest = Amount of overdue debt × Central Bank rate / 360 × Days of delay.

The rate of the Central Bank may be changed by the judge to a fairer one if during the period of delay it made large jumps.

Proof of

Providing maximum number evidence will be the decisive factor in litigation, since there is no main document, namely the contract.

Evidence may include the following:

video recordings of negotiations;
audio recordings of telephone conversations where the borrower acknowledges his debt;
printed and notarized correspondence on the Internet;
a certificate from the telecom operator stating that the number holder of this telephone number is the defendant;
a copy of the claim and the fact of its delivery;
other evidence.

Where to apply

Since this is a deal between individuals, then the place of filing depends only on the value of the claim.

The claim must be submitted:

with an amount of 50 thousand rubles or more - to a justice of the peace;
over 50 thousand rubles - to the district court.

It should be noted that the requirement for reimbursement of state duty is not included in this amount. The statement of claim according to the law is submitted at the place of residence of the defendant.

Arbitrage practice

Judicial practice can be considered on an illustrative example. Citizen N (the plaintiff) transferred by money transfer to another citizen Z (the defendant) an amount of xxxx rubles.

By verbal agreement, the money was transferred to buy a car for the plaintiff. But after xx months, the defendant did not take any action to acquire and transfer the car, and does not return the money either.

The defendant, represented by citizen Z, does not deny the fact of receiving the money, but claims that they were given to him for transfer to third parties. The plaintiff filed a statement of claim with a request to return the money, a penalty for using other people's money and state duty.

The Court of First Instance of Vladivostok ruled that the money should be returned and the state duty compensated, the petition for a penalty was rejected. The Primorsky Regional Court overturned this decision, arguing that the money was a "donation". The reason is the absence of a document that would confirm the purpose of the transfer of money, namely to buy a car.

The Judicial Collegium of the Supreme Court, as the last instance, recognized the decision of the Primorsky Court as erroneous. The dispute was considered from the standpoint of Articles 1109 and 1102 of the Civil Code of the Russian Federation, stating that only those funds and other things that were transferred “to charity” are not subject to return.

In addition, the fact of donation must be proved by the defendant's side, despite the fact that the defendant himself did not indicate the fact of donation.

The described example had evidence of the transfer of funds in the form of a transfer receipt, but even in this case, the dispute caused double opinions among judges of various levels. But the possibility of a return, subject to quality lawyer work quite possible.

Similar situations may arise if there is a receipt without indicating that the amount was lent.

In practice, an oral loan agreement based on trust is often used. It is extremely difficult to return funds borrowed without a receipt due to the lack of written evidence of the fact of their transfer and the conditions for return.

In such cases, before applying to the judiciary, lawyers are advised to file a claim with the police and record all conversations, SMS, etc.

The form of the document "Statement of claim for the recovery of funds on receipt" refers to the heading "Statement of claim". Save a link to the document in in social networks or download it to your computer.

Court:___________________________________

Plaintiff: _______________________
______________________________
______________________________________
Respondent: ____________________________
___________________________

Price of the claim: ________ rub. __ kop.
State duty: ______ rub. __ kop.

STATEMENT OF CLAIM
on the recovery of funds

According to the receipt dated _________, the Respondent - _________________, residing at the address:…………………….. received from me money in the amount of __________ rubles __ kopecks as payment for the car.
The terms contained in the receipt provide that the Defendant undertakes to purchase a car for the Plaintiff no later than _________ year.
The defendant did not fulfill his obligations, namely, the car was not purchased within the period established by the agreement.
____________________________ did not return the money.
According to the receipt dated __________ year, the Respondent reconfirmed its obligations to purchase a car for me no later than ____________ year.
By the specified date, the car was also not purchased and the funds were not returned.
According to Art. 807 of the Civil Code of the Russian Federation, under a loan agreement, one party (the lender) transfers money or other things defined by generic characteristics to the ownership of the other party (the borrower), and the borrower undertakes to return to the lender the same amount of money (loan amount) or an equal number of other things received by him of that same kind and quality.
The loan agreement is considered concluded from the moment of transfer of money or other things.
Based on paragraph 2 of Art. 808 of the Civil Code of the Russian Federation, in confirmation of the loan agreement and its terms, a borrower's receipt or other document certifying the transfer of a certain amount of money or a certain number of things by the lender to him may be presented.
The fact of the transfer of funds to the Respondent is confirmed by receipts written by the Respondent in his own hand - ______________
Thus, between me and the Respondent, the Loan Agreement was concluded in full compliance with the law.
However, within the stipulated time and to date, ____________ has not fulfilled the obligations specified in the receipt.
In accordance with Art. 309 of the Civil Code of the Russian Federation, obligations must be performed properly in accordance with the terms of the obligation and the requirements of the law, other legal acts, and in the absence of such conditions and requirements, in accordance with business practices or other commonly required requirements, and by virtue of Art. 810 of the Civil Code of the Russian Federation, the borrower is obliged to return to the lender the received loan amount on time and in the manner prescribed by the loan agreement.
According to Art. 310 of the Civil Code of the Russian Federation, a unilateral refusal to fulfill an obligation is not allowed.
Based on paragraph 1 of Art. 314 of the Civil Code of the Russian Federation, if an obligation (agreement) allows you to determine the period of time during which it must be fulfilled, then the obligation is subject to fulfillment within such a period.
Thus, in connection with the above circumstances, there are all legal grounds for satisfying my claims and recovering from the defendant, _________, the entire amount of the debt in the amount of _______ rubles __ kopecks.
In addition, according to paragraph 1 of Art. 811 of the Civil Code of the Russian Federation, unless otherwise provided by law or the loan agreement, in cases where the borrower does not return the loan amount on time, interest on this amount is subject to payment in the amount provided for in paragraph 1 of Article 395 of this Code, from the day when it should have been returned, until the day of its return to the lender, regardless of the payment of interest provided for by paragraph 1 of Article 809 of this Code.
By virtue of Art. 395 of the Civil Code of the Russian Federation for the use of other people's funds due to their unlawful retention, evasion of their return, other delay in their payment or unjustified receipt or saving at the expense of another person, interest on the amount of these funds is payable. The amount of interest is determined by the discount rate of bank interest existing at the place of residence of the creditor, and if the creditor is a legal entity, at the place of its location on the date of fulfillment of the monetary obligation or its corresponding part. When collecting a debt judicial order the court may satisfy the creditor's claim based on the discount rate of bank interest on the day the claim is filed or on the day the decision is made. These rules apply unless a different amount of interest is established by law or by agreement.
If the losses caused to the creditor by the unlawful use of his funds exceed the amount of interest due to him on the basis of paragraph 1 of this article, he has the right to demand compensation from the debtor for losses in excess of this amount.
Interest for the use of other people's funds shall be charged on the day the amount of these funds is paid to the creditor, unless a shorter period is established for the calculation of interest by law, other legal acts or an agreement.
In accordance with paragraph 2 of the Resolution of the Plenum Supreme Court RF No. 13 dated __________, when calculating annual interest payable at the refinancing rate Central Bank Russian Federation, the number of days in a year (month) is assumed to be 360 and 30 days, respectively, unless otherwise established by agreement of the parties, rules binding on the parties, as well as business customs.
Based on the calculation made, the defendant shall be charged interest for the use of other people's money in the amount of _______ RUB. __ kop.

Interest calculation:

Amount of debt ________ rub. __ kop.

Past due period from _________ to _________: ___ days

Refinancing rate: __% (Instruction of the Bank of Russia dated __________ "On the size of the refinancing rate of the Bank of Russia")

Total: ________ rub. __ kop.

Also, the defendant must recover in my favor a state fee in the amount of _______ rubles. __ kop., which is confirmed by the receipt of payment, because, according to Art. 98 Code of Civil Procedure of the Russian Federation, the party in whose favor the decision of the court took place, the court awards reimbursement on the other side of all the court costs incurred in the case.
In addition, in accordance with Art. 100 of the Code of Civil Procedure of the Russian Federation, the party in whose favor the court decision was made, at its written request, the court awards, on the other hand, the costs of paying for the services of a representative within reasonable limits.
In this regard, ____ rubles must be recovered from the defendant in my favor - payment for the services of a representative, which is confirmed by receipts of KAGM "____".

Thus, based on the foregoing,

PLEASE COURT:

Collect from ___________ in my favor funds in the amount of ________ rubles __ kopecks., interest for the use of other people's funds in the amount of _________ rubles. __ kop., the cost of paying the state fee - ___________ rub. __ kop., expenses for payment of legal services in the amount of ___________ rub. __ kop., and only _______ rub. __ kop.

Applications:

1. Receipt of payment of state duty.
2. Copies of the statement of claim.
3. Copies of receipts.
4. A copy of the receipt for payment of legal services.

__________________

" " ______________ of the year

It is no secret that office work has a negative impact on both the physical and mental state of the employee. There are quite a lot of facts confirming both.
At work, each person spends a significant part of his life, so it is very important not only what he does, but also who he has to communicate with.

Collection of debt on receipt through the court is necessary in case of violation by the borrower of the terms for the return of funds to the lender and unwillingness to resolve the issue out of court.

To apply to the court, it is necessary to draw up a competent statement of claim for the recovery of a debt on receipt.

A receipt is a bilateral document concluded between the lender and the borrower. Properly drawn up receipt guarantees the borrower to receive the money back. A document is legally binding if it is handwritten and contains the following information:

Date of preparation.
Date of the loan.
Refund date.
Loan amount (in words and figures).
Name of the parties.
Passport data of the parties.
Addresses of residence of the parties (registration, actual).
Personal signatures of the parties with transcripts.

When specifying dates, it is advisable to write the number in digits, the month in words, and the year in four digits.

It is important to ensure, when signing the receipt, the presence of disinterested persons who will act as witnesses. The presence of one or two witnesses will eliminate the likelihood of disputes in the future. The receipt should indicate the full name, passport and contact details of the witnesses and their signatures.

The limitation period is 3 years from the date of issue of the loan. But the final decision to satisfy the claim remains with the judge, therefore, if the deadline is exceeded or if there are minor errors in the preparation of the document, it remains possible to achieve positive results.

Pre-trial settlement

An attempt at a pre-trial settlement of the issue is not a mandatory measure, but it gives the holder of the receipt an additional advantage in court, since it indicates his desire to resolve the issue amicably.

The pre-trial settlement procedure involves sending a written request to the debtor for the return of funds.

The appeal must be sent by registered mail with acknowledgment of receipt and a description of the attachment. After the period allotted for the delivery of the letter, the sender has a notification in his hands that the letter was received by the addressee, or was deliberately not accepted by him. This receipt with a description of the investment is attached to the statement of claim.

Sending a registered letter is a prerequisite if the receipt does not contain information about the date of the refund. Then, in further litigation, this date will be taken as the day the borrower received the letter by mail.

Debt collection by court order

The unwillingness of the borrower to voluntarily repay the debt leads to the need to file a lawsuit against him.

Appealing to the judicial authorities will allow not only to return the money, but also to receive interest on the overdue payment.

The procedure for resolving the issue in court includes the following steps:

Draw up a claim for the recovery of a debt on a receipt.
Collect the necessary package of documents attached to the claim.
Calculate the amount of the state duty. Its size depends on the amount of the claim and is calculated as a percentage of the amount of debt indicated in the application. If the outcome of the court session is successful for the plaintiff, the amount of the fee is collected in his favor from the defendant.
Pay the fee.
File a lawsuit with all attachments. The statement of claim is filed with the world court (for the amount up to 50 thousand rubles), or to the district court (for the amount over 50 thousand rubles).
Arrive on the appointed day for the meeting.
Wait for the entry into force of the decision.
Get a court order.
Present the writ of execution to the bailiffs, who will begin proceedings on the case, aimed at forcible recovery of sums of money from the defendant.

Required documents

The main document for resolving the issue through the court is a statement of claim.

It must be attached to:

Copies of the application. One copy remains in court, the other is sent to the defendant.
Receipt for payment of the fee.
A copy of the promissory note.
A document confirming the transfer of funds to the defendant (if any). Such a document may be an extract from the plaintiff's personal account, which reflects the transfer of money to the defendant's account.
A copy of the receipt for sending a registered letter with notification and an inventory of the attachment (if any).
Calculation of the amount of interest on the debt with a copy for the defendant.

Claim for debt collection

The result of the court session directly depends on the correctness of the statement of claim under consideration. It is recommended that before submitting documents, consult with experienced lawyers who will point out possible shortcomings. A valid document must contain the following information:

Name and address of the court.
Data of the parties (name, address, phone numbers).
The price of the claim.
Document's name.
The circumstances of the case. The procedure for transferring funds is described, indicating the date and amount.
The presence of witnesses. Specify the data of witnesses (name, address, phone numbers) if available.
The fact of violation of the terms of repayment of the debt. The fact of violation by the borrower of the terms for the return of funds to the lender is indicated. If only part of the amount has not been returned, the amount of the paid part of the debt and the date of payment shall be indicated.
Attempts to pre-trial dispute resolution.
Calculation of the amount of interest. In case of violation of the terms of repayment of the debt, the plaintiff has the right to demand not only the return of the principal amount of the loan, but also the accrual of interest for the overdue payment. The penalty for each day of delay is calculated as follows: divide the amount of debt by 360, multiply by the number of days of delay, multiply by the refinancing rate. For example: with a delay of 15 days and a debt of 15,000, the penalty will be equal to 15,000/360 * 15 * 8.25% = 51.6 rubles per day.
Links to relevant articles of the Civil Code.
Request to court.

The absence of the necessary information in the statement of claim or non-compliance with the standard form of the document may lead to the rejection of the claim by the court. For this reason, it is recommended to seek the advice of professional lawyers.

Claim Form

Below is a sample claim for the recovery of a debt on receipt (statement of recovery):

To the Oktyabrsky District Court of Rostov-on-Don

345241, trans. University 235

Claimant: Matko Polina Andreevna,

living at the address: 345215 Rostov-on-Don, st. Lenina 241, apt. 46.

tel. 89885432457

Respondent: Ganin Viktor Ivanovich,

residing at the address: 343256 Rostov-on-Don, st. Vyatskaya 53, apt. 25.

Tel. 89185274386

The price of the claim: 85,000 rubles.

Statement of claim for the recovery of a debt on receipt

On May 15, 2015, I provided Ganin V.I. in debt amount of 85,000 rubles. Ganin promised to return the money to me in full by March 10, 2016. On May 15, 2015, the Respondent drew up a receipt attached to this claim, which obliged him to repay the amount of the debt within the specified period. The receipt was drawn up in simple written form and signed by me and the Respondent.

When drawing up the document, witnesses were present: Pogodin A.S. (28a Oktyabrya St., apt. 127, tel. 89285493048) and Burovaya E.L. (Prospect Communist 15, apt. 97, tel.: 89612357861). Witnesses put their signatures on the receipt and can confirm the above information in court.

By March 10, 2016, the Respondent had not fulfilled the obligation to repay the debt. I have attempted to resolve the issue. On April 28, 2016, I sent the Respondent a registered letter with a notification of receipt and a list of attachments (a copy of the postal receipt and list are attached to the claim), in which I proposed to resolve the issue amicably. The defendant ignored this letter.

To date, the maturity of the debt under the receipt has been exceeded by Ganin by 90 days. Thus, the amount of interest on the debt is 85,000/360*90*8.25% = 1,753 rubles per day. For 90 days, the amount is 1753*90 = 157770 rubles.

For consideration of this claim, I paid a fee of 2750 rubles.

Given the above information, in accordance with Art. 807-811 of the Civil Code and Art. 3,131,132 Code of Civil Procedure, I ask to recover in my favor from the Respondent:

Debt in the amount of 85,000 rubles.
Penalty for violation of the terms of payment in the amount of 157,770 rubles.
A fee of 2750 rubles.

Applications:

Copy of the statement of claim (2 pcs.).
Receipt for payment of the fee.
Copy of receipt.
Copy of postal receipt and attachment description.

Thus, it is possible to recover a debt on receipt from a defaulter through the court. To do this, it is enough to draw up a correct statement of claim and attach to it required list documents.

Dear readers, the information in the article could be outdated, use a free consultation by calling: Moscow

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Issued by court order about debt collection? Where can I find a sample letter of claim for debt collection? What are the ways to resolve the situation with the debtor when filing a claim?

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The topic of this publication is a statement of claim for the recovery of a debt. The material will be useful primarily to those who are faced with the problem of repayment of debts, as well as to everyone who is interested in current financial and legal issues.

At the end of the article, a useful bonus awaits you - an overview of professional companies involved in the settlement of debt disputes.

1. What is a claim for debt collection and where is it filed?

Debt disputes are not always resolved out of court. Sometimes the creditor has no other choice but to apply to the court for debt collection - this is the most civilized and effective method debt solution.

In accordance with the rules of the Civil Procedure Code of the Russian Federation, in order to go to court, it is necessary to draw up a statement of claim. Nothing starts without this document. trial. No claim - no case.

– official document, in which the plaintiff indicates the purpose of the claim, the reasons for its occurrence and determines the amount that he expects to receive from the defendant upon successful completion of the proceedings.

The application is submitted to the court at the place of residence of the defendant (and not the plaintiff) or at the location of the organization, if the case concerns the debts of legal entities. It happens that the creditor does not know where his debtor lives in this moment. In such cases, the claim is filed at the location of the defendant's property or at the last known address of the debtor's residence.

In case of debt disputes not related to entrepreneurial activity, the application is submitted to a court of general jurisdiction (district or global, depending on the amount of debt). If involved in the case legal entities then go to arbitration.

Accompanying documents are attached to the claim - receipts, calculation of claims, receipts.

If there is additional evidence of the fact of debt (witness testimony, private correspondence) - fine, all of them will be useful for making a positive decision on the case.

Civil cases on debt disputes are among the most common processes in judicial practice. Usually they do not cause any particular difficulties for judges and are considered in a relatively short time.

Of course, in any process there can be difficulties.

Example
The plaintiff presents the court with a receipt in which the defendant confirms the fact of the transfer of funds and undertakes to repay the debt within a specific time frame. At the trial, the debtor declares that the signature on the receipt is not his, and in general he sees this document for the first time.
In such cases, a handwriting examination is appointed in the case, which aims to determine the authorship of the signature. Such a study, of course, increases the time of the proceedings and requires additional costs from the plaintiff.

However, ideally, if the court decision is positive for the plaintiff, all his expenses for legal services and examination is obliged to cover the defendant. If the creditor entrusts the conduct of the case to a professional or a lawyer, the specialist achieves just such an outcome of the trial.

What can be claimed in a claim? First of all, of course, the amount of the principal debt, then - the interest calculated in accordance with the terms of the agreement, penalties for delay (again, if such an item is indicated in the agreement or receipt for the transfer of money).

2. By whom and when is a court order for debt collection issued?

There are two options for managing litigation for the collection of debts - action proceedings and writ.

In the first case, the result of the trial is a writ of execution. This document is handed either directly to the plaintiff - if the amount of the debt is small and the defendant is ready to pay it immediately - or transferred to the bailiffs.

In the second case, the judge issues a court order for the enforcement of debt collection. Order production is characterized by an accelerated procedure.

The decision is made unilaterally by the judge personally, and the process itself is within 5 days from the date of filing the claim. No preliminary hearings, proceedings and additional meetings are held. The presence of the plaintiff and the defendant at the trial is not required.

Writ proceedings are initiated in the following cases:

in loan agreement there is a corresponding clause according to which the notary has the right to initiate an expedited trial if the creditor fails to fulfill its obligations (see article "");
the defendant fully recognizes the fact of the debt and is ready to pay it on the terms of the creditor;
there is undeniable evidence of a breach by the debtor of its obligations.

Since June 2016, banking organizations have the right to apply the simplified collection procedure, and since January 2017, even utility services. The presence of the defendant at the hearings is not required for the issuance of a judgment.

True, within 10 days from the date of issuance of the order, the defendant has the right to submit his objections regarding the amount of the penalty or other points with which he categorically disagrees.

The table clearly shows the difference between writ of execution and order:

More information on this topic is in the article "".

3. How to draw up and file a claim for debt collection - step by step instructions

The Civil Code states: as soon as one citizen transfers a sum of money to another in debt on the terms of return, they enter into substantive legal relations. Provided, of course, that the fact of the transfer of money is documented by both parties.

Thus, the borrower assumes the obligation to repay the funds. For failure to comply with the terms of the agreement, penalties are imposed on the debtor. If the recipient of the loan does not return the money on time, the lender has the right to demand the return of the debt both in the pre-trial order and through the court.

If it was not possible to reach a peaceful agreement, the lender draws up a claim and initiates a lawsuit.

And now - step-by-step instruction for the preparation and filing of claims.

Step 1. Filling in the header of the document

Since this is an official legal document, it must be drawn up as carefully as possible and in accordance with established rules.

In the upper right part of the document, the following must be indicated:

the name of the court to which you are applying;
full name, address and telephone number of the Claimant;
full name, address and telephone number of the Respondent;
claim price.

The price is confirmed by the relevant documents attached to the claim.

Step 2 In the main part of the application, we note to whom and when the amount of money was provided

Next comes the actual claim. In the main part, it is necessary to describe the essence of the matter very clearly, without unnecessary details. Indicate how and under what circumstances the debt was formed, what you did to settle the issue out of court.

All facts stated in the description must be documented. The task of the plaintiff is to reasonably prove to the court that there is a specific debt that the defendant does not want or cannot return voluntarily.

Example
On November 20, 2016, the defendant Makarov Vasily Fedorovich borrowed money from me in the amount of 150,000 (one hundred and fifty thousand) rubles. A loan agreement was concluded between us and a receipt was drawn up. The documents were signed by the defendant himself.
According to the agreement, the repayment of the debt was to take place on December 20, 2016, but the money was not returned within the specified period. I have made attempts to repay the debt with the help of verbal and written reminders, which have not been successful.
Citizen Makarov V.F. an official claim was also sent, but this did not help to return the debt. The defendant again refused, citing the lack of money as the reason for his refusal.
In connection with the foregoing, I am forced to apply to the court with a request to recover from the defendant the money transferred by me (150,000 rubles) on the basis of Articles 807, 808, 810 of the Civil Code.

If, in addition to the principal debt, the agreement involves the return of interest, be sure to indicate this circumstance.

Step 3 We provide documents confirming the fact of debt

The more documents you have confirming the fact of debt, the better for you and worse for the defendant.

The following papers are submitted for consideration by the court:

a copy of the claim sent to the debtor;
any documents confirming the fact of outstanding debt - receipts, contracts, agreements, invoices and invoices;
calculation of the amount of the claim, which takes into account interest and expenses for the return of funds in a pre-trial order (if any);
receipt for payment of state duty.

If audio or video files, testimonies, correspondence by e-mail, this circumstance should also be reflected in the application.

If a professional lawyer is acting on behalf of the plaintiff or authorized person a notarized power of attorney is required.

Step 4 We pay the state duty

Payment of duty - required condition filing a claim. The amount depends on the amount of the claim and is calculated as a percentage.

If the case is successful, the fee is debited from the defendant as the cost of legal costs.

Step 5 Submitting a claim to court

It remains only to submit an application in the required number of copies to the court office or to the duty judge.

Be sure to make sure that the officer of the law who accepted the application must make an appropriate mark of acceptance on it.

Now you just have to wait for a summons to a meeting or a court decision on the case.

1) Lawyer

Pravoved company was originally created as a resource for a remote legal assistance ordinary citizens. Today, thousands of professional lawyers and advocates cooperate with the site, ready to provide qualified assistance in any area of law, including debt conflicts.

The algorithm of interaction with specialists is extremely simple. You ask your question in an interactive chat or just call. Both free consultations and paid services are available.

If necessary, you can order a claim online or even full support in court. If you need direct contact with a lawyer to transfer documents, find a specialist from your region through the website and arrange a personal meeting.

The site is running in around the clock no days off or breaks. The resource contains an archive that contains issues already resolved by the company's lawyers.

The Center for Financial and Legal Protection of Citizens and Legal Entities "Legal Advisor" provides wide range legal services. Clients have access to professional advice by phone and in person with the company's lawyers.

The period of operation of the company is 20 years. The average number of requests per month is 8000. The organization guarantees confidentiality and the development of an individual strategy for each client. Specialists will help to recover receivables and pay off civil debts.

Leader in the field of legal assistance to citizens and legal entities. Will help in solving civil, family, inheritance, housing and debt issues. The main principles of the company's work are transparency and mutual trust. No hidden fees or imposed services.

Lawyers of the "Lord" guarantee competent in the pre-trial order and through the court. They will help creditors expedite enforcement proceedings after a court decision is made and act as mediators in negotiations between the parties.

5. What are the ways to resolve the situation with the debtor when filing a claim - an overview of the main ways

You can settle a debt dispute different ways. The creditor and the debtor have several options for resolving the situation.

The main thing is that the borrower and the lender come to a mutually beneficial agreement.

Method 1. Debt restructuring

If the debtor does not have the physical ability to return the money on time, the parties may agree to postpone the "X hour" to a later date.

It is also possible to write off part of the debt, cancel fines and penalties, exchange debt for other property benefits - for example, for a share in the property of a commercial company.

Method 2. Assignment of claims

The creditor has the right to assign the debt to third parties - for example, commercial companies that are professionally engaged in the collection of debt obligations.

This is often done by banks that provide collectors with the right to deal with the return of problem debts for an appropriate fee.

Method 3. Debt transfer

In this case, the debt obligation remains in force, but the debtor itself changes. Such a procedure is possible if the obligation to repay the debt was assumed by the relative of the defendant or his successor. Debts are often transferred by legal entities, if one company for some reason wants to assume the obligations of another organization.