A statement of claim for a refund on receipt. Statement of claim for the collection of funds by receipt

How to collect a debt on a receipt from an individual? If you have ever lent someone, then there is always a fear of not getting your money. One of the means of guaranteeing the return of the debt is a receipt.

It is thanks to this document that evidence of the transfer of funds to the borrower will be in the hands, and, consequently, the opportunity to send to court statement of claim for debt collection by receipt.

Going to court is the use of the possibility of judicial protection provided by the Constitution of the Russian Federation. In this case, the receipt will be evidence of the signed loan agreement and the fact of the transfer of funds.

In this article:

When you need to go to court to get money back on receipt

An application to the court is a written demand for the defendant to return the debt, in fact, the return of the funds transferred under the loan agreement to the debtor.

The evidence attached to the claim is a loan agreement or a receipt for money.

Writing is required subject to the implementation of a loan between citizens for an amount exceeding 10 minimum wages, corresponding to the size adopted on the date of its signing (Article 808 of the Civil Code of the Russian Federation).

In the absence of an agreement or receipt when transferring money, the parties in the application for the collection of the debt are not able to refer to the testimony of witnesses.

Thus, the return of the loaned funds can sometimes turn into a real problem for the lender.

How to repay a debt on a receipt

A receipt is a document that proves the fact of transferring money to the borrower.

Thus, it is he who will show the existence of a loan agreement between the citizens. The loan agreement itself is concluded from the moment when the transfer of money took place.

In order to return the funds, it is not necessary to prepare an application for the return to the judicial authorities. It is likely that the money will return without such an effort.

If the return does not follow within the prescribed period, then you should be puzzled by the preparation of a statement of claim for debt collection by receipt.

It is this document that can initiate legal proceedings on the issue of debt collection. And the result of the consideration will be a decision to satisfy the applicant's requirements.

And if the debtor refuses to return the money received under the loan agreement in the future, the collection will be carried out with the help of bailiffs-executors.

How to write a statement of claim for debt collection by receipt between individuals

A statement of claim for debt collection by receipt is a fairly standard document. Basically, the claims differ in the description of the personal data of the parties to the contract, the situation, time, place and terms for which the money was transferred.

It is this circumstance that facilitates the use of a sample of a claim for debt collection when preparing documentation for initiating a lawsuit.

On this site you can download a sample statement of claim on debt collection under a loan agreement, which has been prepared by a professional lawyer who regularly participates in the consideration of such cases by the courts.

This means that the proposed document will take into account all the necessary nuances for this category of cases. And surely, based on the results of consideration of the claim for debt collection, the decision you need will be made.

Example of a claim for debt collection under a loan agreement

Basmanny District Court of Moscow

107078, Moscow, st. Kalanchevskaya, 11

Plaintiff: Volkova Alvina Vladimirovna

Moscow, st. Vatutina, house 19

Tel. 8 981 886-28-17

Defendant: Turchaev Rustam Faritovich

Moscow, st. Zenith 16

Claim price: 219,538 rubles

State duty: 5 395 rubles

Statement of claimon debt collection by receipt

On October 26, 2016, Volkova Alvina Vladimirovna (the plaintiff) borrowed Rustam Faritovich Turchaev (the defendant) money in the amount of 150,000 rubles. for 2 months. Which is documented. The receipt of receipt of funds in debt was drawn up in a simple written form and signed by Volkova A.The. and Turchaev R.F. Date of drawing up the receipt 10/26/2016

According to the receipt, the defendant took the money for two months and pledged to return 210,000 rubles, that is, on December 26, 2017.

Thus, the period of delay in debt repayment begins on December 27, 2016. However, the defendant did not return the money in due time.

The plaintiff took measures for the pre-trial settlement of the dispute, namely, on June 23, 2017, a claim was sent to the defendant's address, which he ignored.

In accordance with Art. 309 of the Civil Code, 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 the customs of business turnover or other usually presented requirements.

Unilateral refusal to fulfill an obligation and unilateral change of its conditions are not allowed (Article 310 of the Civil Code of the Russian Federation).

By virtue of paragraph 1 of Article 307 of the Civil Code of the Russian Federation, the debtor is obliged to perform a certain action in favor of the creditor, in particular, to pay money, and the creditor has the right to demand that the debtor fulfill his obligation.

In accordance with paragraph 1 of Article 810 of the Civil Code of the Russian Federation, the borrower is obliged to return the money received to the lender within the time frame specified by the parties.

According to the provisions of paragraph 2 of Article 808 of the Civil Code of the Russian Federation, in confirmation of the loan agreement, a receipt from the borrower can be presented, certifying that the lender has transferred a certain amount of money to him.

Thus, the amount owed in the amount of 210,000 rubles should be recovered from the defendant.

In accordance with paragraph 1 of Art. 811 of the Civil Code of the Russian Federation, in cases where the borrower does not return the loan amount on time, interest is payable on it in the amount provided for in paragraph 1 of Art. 395 of the Civil Code of the Russian Federation, from the day when the debt was to be returned, regardless of the payment of interest provided for in paragraph 1 of Art. 809 of the Civil Code of the Russian Federation.

The defendant was not supposed to return the money in the amount of 210,000 rubles on December 26, 2017. Accordingly, the calculation of interest for the use of funds should be made from December 27, 2016.

The delay period from December 27, 2016 to June 14, 2017 (at the time of filing a claim with the court) of the year is 170 days.

Interest amount: 9,538 rubles. 39 kopecks. (see Appendix. Calculation of interest for the use of funds).

Thus, the defendant should be charged interest for the use of funds in the amount of 9 538 RUB. 39 kopecks.

In accordance with paragraph 3 of Art. 395 of the Civil Code of the Russian Federation, interest for the use of other people's funds is charged on the day the amount of these funds is paid to the creditor, unless a shorter period is established for the accrual of interest by law, other legal acts or an agreement.

Thus, the defendant is subject to the collection of interest for the use of funds from the principal amount of 210,000 rubles, for the period from 06/15/2017 to the date of actual payment.

Due to the fact that the defendant does not get in touch, the plaintiff is forced to go to court.

Based on the foregoing, I ask the court:

1) To collect from Turchaev Rustam Faritovich in favor of Volkova Alvina Vladimirovna, a debt of 210,000 rubles.

2) Collect from Turchaev Rustam Faritovich in Volkova Alvina Vladimirovna, interest for the use of funds in the amount of 9,538 rubles. 39 kopecks.

3) To collect from Turchaev Rustam Faritovich in favor of Volkova Alvina Vladimirovna, interest on the use of funds from the principal amount of 210,000 rubles for the period: from the moment of filing a claim with the court - June 15, 2017 until the day of actual payment of the debt.

4) To collect from Turchaev Rustam Faritovich in favor of Volkova Alvina Vladimirovna a state duty in the amount of 5 395 rubles.

Applications:

1) Receipt for payment of the state fee.

2) A copy of a receipt for 210,000 rubles dated December 26, 2016.

3) Calculation of interest for the use of funds

5) Postage receipt (filing a claim).

6) Inventory of the attachment (filing a claim).

Appendix # 1.

Calculation of interest for the use of funds under Art. 395 of the Civil Code of the Russian Federation

Debt	Delay period			Bid	Formula	Interest
	with	on	days
RUB 210,000.00	27.12.2016	31.12.2016	5	10,00	210,000.00 × 5 × 10% / 366	286.89 RUB
RUB 210,000.00	01.01.2017	26.03.2017	85	10,00	210,000.00 × 85 × 10% / 365	RUB 4,890.41
RUB 210,000.00	27.03.2017	01.05.2017	36	9,75	210,000.00 × 36 × 9.75% / 365	RUB 2,019.45
RUB 210,000.00	02.05.2017	14.06.2017	44	9,25	210,000.00 × 44 × 9.25% / 365	2,341.64 RUB
Principal amount: RUB 210,000.00
Interest amount: RUB 9,538.39

Total: The amount of interest for the use of funds is 9,538 rubles 39 kopecks.

Debt collection services on receipt in court

People tend to lend and borrow money. After all, anything can happen in life. However, over time, many forget about the debt, despite the presence of a handwritten receipt.

And then there is a need for debt collection. Judicial practice shows that this is not always easy. A way out in a difficult situation can be found with the help of a qualified lawyer.

Before starting work, the lawyer will analyze the whole situation in the complex and examine the receipt of receipt of funds in debt.

After that, further prospects will become clear. In many cases, it is advisable to file a claim with the debtor before filing a claim. This can save time and money for legal fees.

If the borrower does not want to give the funds received voluntarily, then the only way out will be to go to court. Of course, a lawyer can involve law enforcement agencies and accuse the debtor of criminal acts.

However, practice shows that the police rarely initiate criminal cases on the basis of receipts.

In court, a lawyer will be able to collect not only the amount of the principal debt, but also the amount of interest for the illegal use of other people's money. The lawyer will bring them a reasonable calculation in the claim.

Satisfaction of the claim does not mean that the debtor wants to part with the money voluntarily. Then the collection of debts from individuals by receipt will go to the stage of enforcement proceedings. And here the lawyer will accompany the work of the bailiffs.

Receipt of receipt of funds in debt: legal force

Practice shows that success in debt collection largely depends on the correct preparation of the receipt. What should be in it?

Of course, this is the name of the document, as well as the date and place of its compilation. This is followed by information about the citizen who borrows money and about the person providing the loan. Here you need to provide both the addresses of the parties and their passport data.

Next, you need to indicate the amount of the loan (in numbers and in words), the term for its repayment, as well as the amount of interest, if any. If the loan repayment period is not specified, then the debtor must first send a written request for the payment of the due amount of funds.

The signatures of the parties with the decryption of their initials must complete the receipt. If witnesses were present when drawing up the debt document, then the data about them should also be mentioned.

Loans can also be obtained from a notary. Then he will seal the promissory notes with his signature.

How to get money back on a receipt from an individual: questions and answers

People at all times lent money. Often, in this case, the relationship is sealed only by word of honor. However, an acquaintance, a friend, may fail and not return finances on time. As a result, relations deteriorate, conflict situations begin on a domestic basis.

On the other hand, even the presence of a receipt does not guarantee the timely repayment of the debt. Practice shows that mistakes, inaccuracies in drawing up a debt document can lead to problems in the future.

Below we tried to collect answers from lawyers to the most common questions that arise when collecting debt. In addition, specialists are often asked how to properly draw up a debt obligation. So.

What should be on the receipt

We agreed that I would lend money to my friend. What points of the receipt should you pay special attention to? Is it enough to print the document on a computer or is it better to write it by hand?

Vitaly, Moscow

First of all, you should agree on the amount of the loan to be provided. At the same time, it is advisable to explicitly stipulate that the money is transferred precisely in debt, and not for any other needs. Judicial practice shows that without specifying the purpose of their transfer, difficulties may arise.

On the computer, the current laws do not prohibit making the text of a receipt for receiving money on credit. However, it is better for the debtor to draw up it with his own hand in order to avoid claims of the authenticity of the text and the signature itself on the part of the recipient of the money.

If the receipt does not indicate the deadline for repayment of the debt

I gave a loan to a friend, but we agreed not to indicate the loan repayment date on the receipt. When can I demand a loan from him.

Nikolay, Balashikha

Indeed, this mistake is often encountered in receipts. Therefore, if we go to court now, it is more likely that the claim will not be satisfied. You need to proceed as follows.

Send your friend a letter demanding the return of the money received. According to the legislation, this requirement must be fulfilled within 7 days. If the funds are not returned within a given week, the right to file a claim arises.

How to prove the existence of a debt if there was no receipt

I lent my friend money after her persistent requests. We did not draw up receipts. Now she does not recognize the existence of the loan. What to do in this case?

Ksenia, Vnukovo

Of course, in such cases, getting your money back is the most difficult. If witnesses were present during the transfer of funds, they can speak at the trial and confirm the necessary information.

Recording of conversations with the borrower is also suitable. However, it can be used as evidence when the existence of debt is not denied.

If you canceled the debt order

I applied to the court for a court order. The debt was collected by receipt. First, the magistrate took my side and issued an order. However, then the debtor succeeded in having it canceled. How should I proceed further?

Victor, Alabino

There is only one way in your situation - to file a standard claim against the debtor. In this case, it is necessary to check whether the limitation period for collecting the amount has yet ended.

Another point is the state duty. It is calculated on the basis of the total amount of the claims. This includes the main debt, interest accrued at the time of going to court.

In this case, the fee paid for the application by order is taken into account. Just a surcharge is being made. The old receipt is attached to the claim.

How to repay a debt on receipt through the court if the debtor does not give money on time

If the debtor refuses to return the money taken against receipt, what to do? Not sure how to repay a debt on a receipt? Then you've come to the right site! We will inform you how to proceed in this case.

People quite often face this problem. Realizing that instead of money, there is only a piece of paper on which something is written by hand, citizens, first of all, involuntarily ask themselves: “Is it drawn up correctly? Will the court accept a claim for debt collection on receipt? "

These questions are natural, no one wants, just like that, to part with their money. And this is true. In this situation, you need to defend your rights.

The procedure for collecting a monetary debt by receipt through the court

So, the lender came to the conclusion that you can only return the money through a court? Then you need to familiarize yourself with all the conditions that the law sets in order to file a statement of claim for debt collection by receipt.

It is immediately necessary to clarify the content and form of the receipt. The legislation does not establish any requirements. Hence the conclusion follows - the document can be drawn up in any form.

In its spirit, a receipt for receipt of funds is a contract. In connection with this state of affairs, the receipt is legally binding, with the exception of circumstances related to the statute of limitations.

And yet, based on the general provisions contained in the legislation, the contract, for its recognition as such, must include:

• place of signing the contract;
• parties to the contract;
• subject of the contract;
• the date of the conclusion of the contract;
• details of the parties.

Therefore, when drawing up a receipt, it is better to take into account our recommendations and do everything right. No one will guarantee that the debt will be repaid on time and you will not have to go to court.

Jurisdiction rules

Here, in many respects, the size of the amount and the territorial location of the debtor will play a decisive role.

And also the interest that needs to be indicated in the claim for the collection of the amount of debt on the receipt matters. In addition, the presence or absence of a commercial component is taken into account.

Let's look at the jurisdiction of the price (amount) of the claim.

If the total cost of the claim is 50,000 thousand rubles or less, then you need to go to the magistrate's court. If this amount is exceeded, the application is submitted to the district court of general jurisdiction.

Now let's look at territorial jurisdiction. This means going to court, depending on the registration of the defendant or at the place of conclusion of the contract (writing a receipt).

The next criterion is the commercial component. If the receipt indicated that the money is intended for a commercial project, and the parties to the loan are organizations and enterprises, then we appeal to the arbitration court.

You must also apply there if a receipt was issued as a result of economic ties of individual entrepreneurs.

The procedure for drawing up and filing a statement of claim

Initially, you need to write a letter to the debtor with the requirement to fulfill the conditions of the receipt. It is necessary that he received it personally. To do this, the claim is sent by mail, by registered mail with notification, or delivered in person against signature.

If, no response to the demand for the return of the debt follows within 30 days, then you need to go to court with a claim.

The law imposes strict requirements on the form and content of this document. In this case, violations committed when writing an application may become the basis for refusing to consider the case on the merits.

A very common mistake when filing a statement of claim is the absence of a receipt for payment of state duty for collecting a debt on a receipt. To avoid such moments, you need to clarify the details of the court and pay for it.

In addition, it is necessary to anticipate in what order the case will be considered. If the total amount of the debt does not exceed five hundred thousand rubles, you can apply for a court order. Then the case is considered in a simplified manner and does not require a personal presence in court.

As you can see, going to court requires some knowledge and skills, so a consultation with our specialist will not hurt. Call us.

But if you nevertheless decided to act personally, then a sample of a claim for debt collection by receipt can be downloaded on our website.

Obtaining a writ of execution

The timing of obtaining a writ of execution depends on the order in which the proceedings took place.

After the court's decision is made, it is necessary to wait for it to enter into legal force. If the case was considered by the court in a general manner, then the writ of execution is received only after a month. This time is given to appeal against the decision of the court of first instance.

When the court session took place in a simplified manner, the court order can be issued to the recoverer, after ten days from the date of the proper notification of the debtor about the existence of such a document in relation to him.

Attention, important! Adequate notification of the debtor can be delayed. In addition, there is a risk of the court order being canceled.

Since, the court will try to notify the debtor by mail. And proceeding from the fact that, quite often, persons do not live at the permanent registration address, the notification may not be received. To speed up the process, it is necessary to take control of this issue.

Enforcement proceedings and general conclusions

After receiving a writ of execution, bailiffs should intervene in the case. Through their actions, the fulfillment of the requirements established by the court is ensured. In our case, it is a compulsory collection of debts from individuals by receipt.

The claimant must remember that he has the right to provide all possible assistance to the bailiff. For example, by providing information about the actual location of the debtor, his place of work, indicate the presence of property that can be used to pay off the claim.

In conclusion, we draw your attention to the complexity of the entire process of returning a monetary debt. This procedure will require increased attention, concentration and a huge amount of knowledge from the lender. In addition, it is also such a precious time in our world.

To avoid all these difficulties, use the services of a law firm. Do not pay attention to the price of the services provided. Indeed, in the end, the court will shift the debtor's case to the loser.

Receipts and latest court practice

A rather interesting decision of the Supreme Court was published several years ago. It concerned the question: is it possible to collect a debt without a loan agreement, if there is only a receipt on hand.

As part of the dispute, the plaintiff went to court with a demand to recover money from the opponent, providing only IOUs.

However, the first and second instance rejected the claim, arguing that there was no loan agreement between the parties. The Supreme Court intervened and overturned all earlier decisions.

Its ruling notes that the receipt is sufficient evidence of the existence of the loan. And it is the defendant who must prove the opposite.

Thus, having only a receipt in hand, you can legally collect money from the debtor.

If you should, please contact us, we know how to solve your problems!

Such obligations arise more and more often, and therefore there are frequent cases of missing payments or the formation of arrears. Most of them are resolved at the pre-trial stage. However, there are situations when only a statement of claim on debt collection under a loan agreement can help. If the debtor does not make contact, ignores demands for payment of the debt, hides or otherwise shows that he does not intend to repay the loan, it is necessary to write an appeal to the court. In addition to the principal amount under the agreement, interest on delays and other penalties can be collected.

If the agreement between the parties has been lost, a regular receipt will do. When there are no documents left at all, you need to attach to the application:

• bank statements showing the history of the movement of funds;
• receipts for making payments to the borrower's account;
• confirmation of the transfer of a certain amount to the client, etc.

It happens that money is transferred in the form of cash from one individual to another. Then, if the contract is lost or destroyed, witness testimony or other evidence of the fact of the transfer of money will do. In any case, it is necessary to take into account the general conditions for the return of money for debt obligations.

What are the features of the collection of funds?

Some general rules are outlined in the legislation, according to which funds are transferred as a loan:

1. One party transfers money or property to the other.
2. The recipient of the money undertakes to return this amount in part or in whole, before the expiration of a certain period.
3. The borrower pays the interest established by the contract for the use of the money.

If the loan amount does not exceed fifty minimum wages, and the agreement is signed by two individuals, while it is not related to entrepreneurship, interest will not be charged. In other situations, you will have to pay interest on the transaction, even if the agreement itself does not say anything about it.

If the documents do not specify a period for the return of funds, then they are supposed to be transferred to the lender's account within thirty days from the date of delivery of the request for the return. Obligations arise from the moment the money is transferred from one person to another. It is desirable that this moment was recorded in a receipt or the procedure was carried out in front of witnesses.

Rules for writing and filing a claim

When drawing up an application, it is important to take into account the general requirements specified in the law. It will not be difficult to find a ready-made sample of a statement of claim for debt collection under a loan agreement. However, not all of them contain all the necessary information. Therefore, the development of the appeal should be done in the company. Some facts should be described and documented in the text:

• conclusion of an agreement between the parties;
• the format of this document (written agreement, receipt, etc.);
• the presence of witnesses to the receipt of money;
• how much was transferred according to the contract (exact amount);
• failure to fulfill the obligations of the borrower to return the funds.

Among other documents, copies of the agreement or receipt, calculations of the amount of debt must be attached to the claim. Based on the amount of the debt, the cost of the claim will be determined. To confirm the information listed by the petition, you can ask the court to invite witnesses to the meeting. If the copies are not certified by a notary, you will have to take the original documents with you to the meeting. If the cost of the claim is less than fifty thousand rubles, the case will be considered in the magistrates' court. When the cost of the claim is higher, you need to refer it to the district court office.

Debt collection stages

In total, there are three main stages for the collection of funds under the contract. It is advisable to undergo preliminary training before starting a trial. It is with her that the collection procedure begins. The order of the stages is as follows:

1. Extrajudicial - to send a claim to the borrower, which indicates the terms of satisfaction of claims for debt repayment, the conditions for the transfer of funds and the amount of debt. If the deadlines are missed, or the debtor did not respond to the claim, prepare an appeal to the court.
2. Judicial - the petition is submitted to the appropriate department of the court, where the date of the proceedings is set, and the creditor, acting as the plaintiff, must prove the failure of the other party to fulfill the obligations under the agreement.
3. Final - this stage begins after the end of the consideration of the case and includes the direct collection of funds by obtaining a writ of execution and submitting a new application to the bailiffs. They seek to transfer the required amount of money to you.

The success of the entire procedure depends on how effectively and competently you act at each stage of the collection of funds.

What should be done at the pre-trial and trial stage of the refund?

Even before filing a statement of claim to collect a debt under a loan agreement, you should try to establish communication directly with the debtor or contact third-party collecting persons. You will have to try the available collection methods, making phone calls (it is better to keep a record), sending written notices, etc. Each action is recorded and involves a solution to the issue without involving the judiciary, if a compromise could not be found, get ready for trial in court.

This method is the most effective of all of the above. However, this is also the most difficult and costly step. You will have to not only draw up an application, but also prepare a lot of documents, as well as pay the state fee. Sometimes you need to spend extra money on a lawyer. Although such expenses can be included in the amount of the claim, demanding compensation. With the support of an intelligent lawyer, the chances of a satisfactory solution are extremely high. The main thing is to correctly draw up a statement.

What information must be included in the application?

The appeal begins with the indication of the name, address and number of the court area to which the claim is sent. This is followed by a listing of information about the plaintiff and the defendant, including phone numbers, addresses, full names or names of organizations, etc. After that, the price of the claim, its name and main provisions are indicated:

• when and with what person the agreement was concluded;
• what confirms the transfer of funds from one person to another;
• when the money was transferred, and in what form;
• the amount of the loan indicated in the contract and actually transferred to the defendant;
• what is the return period and delay for these obligations;
• the amount of interest stipulated by the agreement;
• whether the documents indicate penalties for refusing to refund;
• which confirms the absence of a refund.

If you have other information that could affect the outcome of the proceedings, please state it in this part of the application. Then you can proceed to references to legislative norms. After that, a detailed calculation of the amounts that are required to be collected from the defendant is provided. Then the claims are outlined, including the need to repay the principal, attorney fees, fines and penalties. In the final part, a list of the attached documentation is listed, the date of the appeal and the signature of the plaintiff are put.

Debts in civil relations, as a rule, are formed when some obligations of one of the parties to the agreement are improperly fulfilled or as a result of causing harm to a citizen or his property. In practice, in court, most often they try to collect debts that have arisen:

• if the borrower fails to fulfill his obligations to repay the loan;
• if the tenant violates the terms of the lease agreement;
• in case of violation of the terms of other agreements.

Methods for resolving the situation with the debtor

If the return of the debt within the terms specified in the civil law agreement is not possible on a voluntary basis, you can try to resolve the situation with the debtor without a trial, or file an appropriate statement of claim to collect the debt and wait for a court decision.

A person faced with late payment of debts can use the following legal instruments:

1. Debt restructuring is a measure that can be applied to a borrower who is unable to repay the debt on time. As part of debt restructuring, it is possible to write off part of the debt, change the size and (or) timing of payments, exchange a debt obligation for a share in property.
2. Assignment of the right of claim, in which the creditor changes.
3. A debt transfer in which the obligation remains the same, but the debtor changes.
4. Appeal of the creditor with a claim to the court.

The statement of claim for debt collection, drawn up by the applicant, must necessarily contain:

• name of the court;
• requisites of the plaintiff and the defendant in the debt recovery case;
• the cost of the claim in monetary terms and its calculation;
• a description of the essence of the matter and the requirements;
• list of attachments to the claim.

The claim also indicates what the plaintiff did to resolve the situation before filing the claim, if such attempts were made. In addition, the applicant must prove that the debtor is obliged to pay him the agreed amount, but does not return it voluntarily. To do this, the lender attaches the relevant supporting documents to the application, therefore, you need to take care of the correct execution of the loan (or other contractual relations) in advance, at the stage of concluding an agreement. And although civil law forces the parties to the loan agreement to conclude a written document only when the transaction amount is ten or more times the minimum wage, it is better to formalize the legal relationship that has arisen in writing (with the help of an agreement or at least a receipt) and with a smaller loan amount. Nevertheless, the Civil Code (Article 807) states that a loan agreement is recognized as concluded when the creditor has transferred the amount of money to the debtor, regardless of the presence of a written document.

In the claim, the lender may additionally require the borrower to pay him interest for late repayment of the debt. Such a right for the creditor appears on the basis of the civil law norm (Article 811 of the Civil Code), which obliges the borrower, in the event of a violation of the time to repay the debt, to pay the creditor both the amount of the debt and interest for the entire period of delay. Usually the amount of interest is established either by the agreement itself, or is determined based on the existing refinancing rate. However, the final amount of interest payable is determined by the court.

The statement of claim, drawn up in accordance with the above rules, is signed by the plaintiff or his representative.

Download a sample application:

podaemisk.ru

An application to the court for the collection of a debt is a very relevant topic for every modern person. In this article, we will tell you in detail how to file a statement of claim so that it is accepted and considered by the court. You can also download a sample debt and cash collection claim.

Every person who has borrowed a certain amount of money, regardless of whether it is a bank loan or a regular loan from friends or acquaintances, must understand that any financial obligations must be fulfilled. However, the realities of modern life show how difficult it is, often, it is difficult to return money, even if the debt was provided with the drawing up of a loan agreement or receipt. In the article below, we will tell you how to properly draw up a statement of claim to collect money from the debtor, collect a penalty.

If you cannot reclaim your debt out of court and the debtor refuses to make any contacts to resolve the financial conflict peacefully, you will definitely have to collect funds through the court. You will need a competent statement of claim for the recovery of funds, which is drawn up in accordance with Articles 395, 807 and 810 of the Civil Code of the Russian Federation.

Important! Note that, on the basis of Article 333 of the Civil Code of the Russian Federation, the court has the right to reduce the amount of interest indicated by the plaintiff for the use of other people's funds, if it is incommensurable with the consequences of the violation of the debt obligation.

The statement of claim for the recovery of funds is filed at the place of residence and registration of the defendant (debtor):

• up to 100 thousand rubles - to the magistrate's court;
• over 100 thousand rubles - to the district court.

The statement of claim for debt collection must contain the following data:

1. Name (in full) of the plaintiff, the exact address of residence and a valid contact phone number. If a claim is filed by a representative of the plaintiff, it is necessary to indicate the full name of the representative of the plaintiff and the address of residence. In case of filing a statement of claim by a legal entity, it is necessary to indicate the location of the organization.
2. Full name (full name) of the defendant, residential address or location address (for legal entities).
3. The reason for filing the statement of claim, which indicates the fact of violation of the legitimate interests of the plaintiff, provides all available evidence (loan agreement, IOU, etc.).
4. Evidence base indicating a pre-trial appeal to the debtor with the question of resolving this financial conflict peacefully (if allowed by the Federal Law of the Russian Federation).
5. The requirements set by the plaintiff to satisfy the claim, which are determined on the basis of the norms of Russian legislation (Civil Code of the Russian Federation, regulatory legal acts of the Russian Federation, etc.).
6. The price of the claim, which is determined by the principal amount of the debt obligation and interest accrued for the use of other people's funds during the validity period of the previously drawn up loan agreement (receipt) and the installment period.

Important! The calculation of the amount of debt on interest is made on the basis of the Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation No. 5451/09 of September 22, 2009.

Together with the statement of claim for the recovery of funds, the following documents are submitted:

• original and copy of the application (attached in an amount equal to the number of respondents);
• originals and copies of documents that confirm the defendant's involvement in the presented case (loan agreement, IOU, etc.);
• original receipt of payment of the state fee;
• the original document confirming the powers of the plaintiff's representative (if necessary).

The drawn up statement of claim for the recovery of funds is signed by the plaintiff or a representative with the provision of documents that confirm the authority to represent rights in court in this case.

pravovedus.ru

Instructions on how to write a statement of claim for debt collection.

What debts are subject to collection

In one word, that's it. All debts that are not repaid in the usual way are subject to collection if the creditor so desires. Most often, the average person implies that a debt is money transferred to a relative or acquaintance, which he does not return on time.

In fact, the reasons for the formation of debt can be different. Usually, debt is a consequence of the improper fulfillment of its obligations by one of the parties to the agreement (including the loan agreement). Debt can arise when one of the participants in civil legal relations does not fulfill their duties, does not make any payments (or does not perform actions) established by law in favor of another participant. In addition, harm can also lead to debt.

Most often, citizens turn to the court for help in order to collect debts arising from the default on the obligations of the borrower to return the money loan; failure of the lessee to fulfill its obligations under the terms of the lease; violations of the terms of civil contracts.

What can be claimed in a statement of claim for the collection of a debt resulting from non-fulfillment of the terms of the loan agreement

The Civil Code (Art. 807) establishes that a loan agreement is considered concluded from the moment money or things are transferred. Thus, even if a person lending money to a relative does not think about the essence of the process, from the moment the money is transferred, it is considered that a loan agreement has been concluded between them.

It should be noted that the obligation to draw up a loan agreement in writing is imposed on the parties to the transaction if its amount is at least 10 times the minimum wage, or if the lender is a legal entity.

Article 810 of the Civil Code of the Russian Federation imposes on the borrower the obligation to return the loan amount received. Article 811 of the Code determines that in the event of a late return of the loan, the borrower must pay interest for the entire delay.

Thus, in the statement of claim, the creditor has the right to demand not only the collection of debts, but also the payment of the corresponding interest.

What information is indicated in the statement of claim for debt collection

A statement of claim for debt collection, like all other claims, is submitted to the court in writing in compliance with the requirements of Article 131 of the Code of Civil Procedure of the Russian Federation.

The statement of claim must necessarily contain the name of the court; surname, name and patronymic, place of residence of the plaintiff or his representative; information about the defendant, his full name and place of residence or the name of the organization and its address for legal entities; the cost of the claim, the calculation of the resulting debt; a list of documents attached to the statement of claim on debt collection.

In addition to the listed information, the statement of claim must necessarily include a description of the essence of the case, how and under what circumstances the debt was formed, what the plaintiff did for extrajudicial collection of the debt. Everything stated in the description must be confirmed. The plaintiff is obliged to reasonably prove to the court that the defendant owes him a certain amount and does not return it voluntarily.

The statement of claim is signed by the plaintiff himself or by his authorized representative.

What documents are attached to the statement of claim for debt collection

The list of documents attached to any statement of claim is determined by Article 132 of the Code of Civil Procedure of the Russian Federation. Among these documents are the following:

• copies of the statement on the number of respondents;
• documents confirming payment of the state duty;
• documents proving the circumstances of the debt formation;
• documents confirming pre-trial actions to collect debt, if such actions are mandatory in accordance with the law or under an agreement;
• calculations of the amount of the claim (the size of the debt, taking into account interest and additional costs associated with debt collection) with copies by the number of defendants;
• a power of attorney for the powers of a representative, if he represents the interests of the plaintiff in court.

Example of a statement of claim for debt collection

Given the complexity of the legal process and the preparation of the necessary documents, before writing a statement of claim for debt collection, it is advisable to seek help from a qualified lawyer. Of course, the services of a lawyer must be paid, but the cost of his services can be included in the amount of the claim, as well as the cost of all costs incurred to collect the debt, if they are documented.

Due to the fact that the circumstances of the case may be different, it is impossible to draw up in advance a formal form of a statement of claim for the collection of a debt, in which you then enter the details of the plaintiff, the defendant and the amount of the claim. Below is just one possible example.

To the Soviet District Court of Tomsk

Plaintiff: Alexandrov Gennady Fedorovich

Address: Tomsk, st. Mirnaya, house 11, apt. 56

Defendant: Derkachev Dmitry Alekseevich

Address: Tomsk, st. Komsomolskaya, house 71, apt. 24

The cost of the claim is 108,000 (one hundred eight thousand) rubles

STATEMENT OF CLAIM On February 11, 2011, the Respondent approached me with a request to borrow money. I agreed and we signed a loan agreement. I handed over to D.A. Derkachev. money in the amount of 100,000 (one hundred thousand) rubles. The defendant undertook to repay the debt by August 11, 2011. In confirmation of the loan agreement and its terms, the Defendant wrote a receipt with his own hand.

The Defendant did not return the money within the time period established by the contract. I repeatedly reminded him of the deadline and offered to voluntarily return the amount of the debt. The defendant refused, arguing that he did not have the required amount of money. In connection with the Defendant's refusal to voluntarily return the loan amount, I went to court with a statement of claim.

Based on the foregoing and on the basis of Articles 807, 808, 810 of the Civil Code of the Russian Federation, Art. 131, 132 Code of Civil Procedure of the Russian Federation,

I BEG:

To collect from Dmitry Alekseevich Derkachev in my favor the debt under the loan agreement in the amount of 100,000 (one hundred thousand) rubles.

To collect from the Respondent in my favor interest for the use of money in the amount of 8000 (Eight thousand) rubles.

Collect legal costs from the defendant in my favor.

Application:

- a copy of the statement of claim for debt collection;

- copy of D.A. Derkachev's receipt - 2 copies;

- calculation of interest for the use of money - 2 copies;

- receipt of payment of state duty.

rossovet.ru

Debt collection by receipt through the court is necessary in case of violation by the borrower of the terms of return of funds to the lender and unwillingness to resolve the issue out of court.

What information should be on the receipt

A receipt is a bilateral document concluded between the lender and the borrower. A competently drawn up receipt guarantees the borrower the receipt of funds back. A document has legal force if it is drawn up by hand and contains the following information:

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

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

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

The limitation period is 3 years from the date of the loan. But the final decision on the satisfaction of 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 to resolve the issue out of court 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 peacefully.

The pre-trial settlement procedure involves sending a written appeal to the debtor with a request for a refund.

The appeal must be sent by registered mail with a receipt and a list of attachments. After the time allotted for the delivery of the letter, the sender has a notification that the letter was received by the addressee, or deliberately rejected by him. This receipt with a list of investments is attached to the statement of claim.

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

Debt collection by receipt through the court

The borrower's unwillingness to voluntarily repay the debt leads to the need to file a claim against him in court.

Appealing to the judicial authorities will not only allow you to return the funds, but also to receive interest on the delayed payment.

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

1. Draw up a claim for debt collection by receipt.
2. Collect the necessary package of documents attached to the claim.
3. Calculate the amount of 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.
4. Pay the fee.
5. File a lawsuit with all attachments. The statement of claim is filed with the magistrate court (for an amount of up to 50 thousand rubles), or in a district court (for an amount over 50 thousand rubles).
6. Show up at the meeting on the appointed day.
7. Wait until the decision comes into force.
8. Get a court order in your hands.
9. Submit a writ of execution to bailiffs who will begin proceedings in the case aimed at enforcing the collection of monetary amounts from the defendant.

Required documents

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

You must attach to it:

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

Statement of 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 to consult with experienced lawyers before submitting documents, who will point out possible shortcomings. A competent document must contain the following information:

• Name and address of the court.
• Data of the parties (full name, addresses, phone numbers).
• The cost of the claim.
• Document's name.
• Circumstances of the case. The procedure for transferring funds is described, indicating the date and amount.
• The presence of witnesses. The data of witnesses (name, addresses, phone numbers), if any, are indicated.
• The fact of violation of the terms of debt repayment. The fact of violation by the borrower of the terms of repayment of funds to the lender is indicated. If only a part of the amount is not returned, the amount of the paid part of the debt and the date of payment are indicated.
• Attempts to resolve the dispute out of court.
• Calculation of the amount of interest. In case of violation of the terms for 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 delayed 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: if there is a delay of 15 days and the amount of debt is 15,000, the penalty will be 15,000 / 360 * 15 * 8.25% = 51.6 rubles per day.
• Links to the relevant articles of the Civil Code.
• Request to the 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 that you seek the advice of professional lawyers.

Sample statement of claim

Below is a sample of a claim for debt collection by receipt (collection statement):

To the Oktyabrsky District Court of Rostov-on-Don

345241, per. University 235

Plaintiff: Matko Polina Andreevna,

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

Tel. 89885432457

Defendant: Ganin Viktor Ivanovich,

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

Tel. 89185274386

Claim price: 85,000 rubles.

Statement of claim for debt collection by receipt

On May 15, 2015, I provided V.I. in debt the 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 return the amount of the debt within the specified period. The receipt was in simple writing and signed by me and the Respondent.

When drawing up the document, there were witnesses: Pogodin A.S. (st.October 28a, apt. 127, tel. 89285493048) and Burovaya E.L. (15 Kommunistichesky Ave., apt. 97, tel .: 89612357861). The witnesses put their signatures on the receipt and can confirm the above information in court.

By March 10, 2016, the Defendant had not fulfilled the obligation to repay the debt. I made an attempt to resolve the issue out of court. On April 28, 2016, I sent the Defendant a certified letter with notification of receipt and a list of attachments (a copy of the postal receipt and inventory is attached to the claim), in which I proposed to resolve the issue peacefully. The defendant ignored this letter.

To date, Ganin has exceeded the maturity date of the debt by 90 days. Thus, the amount of the penalty on the debt is 85,000 / 360 * 90 * 8.25% = 1,753 rubles per day. For 90 days, the amount is 1753 * 90 = 157,770 rubles.

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

Considering the above information, in accordance with Art. 807-811 Civil Code and Art. 3,131,132 Code of Civil Procedure, please collect in my favor from the Respondent:

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

Applications:

1. Copy of the statement of claim (2 pcs.).
2. Receipt of payment of the duty.
3. A copy of the receipt.
4. Copy of postage receipt and attachment inventory.

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

lawyer-guide.ru

The Procedural Code provides for a procedure initiated by the creditor for the return of all debts that were not returned to him out of court. In the opinion of an ordinary man in the street, a debt is a sum of money transferred to relatives or friends, the return of which did not occur within the terms agreed by the parties.

In fact, the reasons for the formation of debt obligations can be different, and follow from the financial and legal relationships of persons (subjects). As a rule, debt is a consequence of non-fulfillment of obligations stipulated by an agreement, contract or agreement by one of the parties.

Such a situation may arise when one of the parties to the contract does not perform the agreed actions (payments) in favor of the other, as well as if his actions led to damage or harm.

Most often, citizens file claims with the judicial authorities for the reclamation of debts arising from the failure of borrowers to return money (loans), pay rent, provided services, work performed, etc., as well as violations of other terms of the contract.

What can be the claims of the plaintiff in the event of collection of debts arising under the terms of the loan agreement?

In accordance with article 807 of the Civil Code, the validity of loan agreements begins from the moment of transfer of values. That is, a citizen who handed over a sum of money to a relative or friend on the terms of return, and the citizen who received it, are already considered to have entered into a substantive relationship. In fact, a loan agreement began to operate between the parties.

Participants in a transaction, the amount of which is equal to or exceeds 10 times the minimum wage established by law, are required to execute the transaction in writing. The same rule applies to a situation where one of the parties is represented by a legal entity, regardless of the amount of the contract.

The borrower's obligations to repay the debt are defined in Article 810 of the Civil Code. Article 811 establishes penalties (interest accrual) for late fulfillment of the obligation to repay the loan, for the entire overdue period. When drawing up a statement of claim, the plaintiff has the right to demand not only full reimbursement of the debt amount, and payment of interest for the entire period of delay.

Data to be indicated in the claim

In accordance with the rules of legal proceedings in civil cases, all applications of citizens are made out only in writing, taking into account the requirements of Article 131 of the Civil Procedure Code.

The application must contain the following information:

• the name of the judicial authority;
• surname, name and patronymic of the plaintiff (his representative), place of residence (registration);
• surname, name and patronymic of the defendant, place of residence (registration). For legal entities, you must indicate the full name of the company, legal and actual address;
• the total amount of the claim, with the attachment of settlements for the debt;
• attachment of all documents serving as the basis for claims.

All the facts indicated in the statement must be confirmed by documents or by witness testimony. The purpose of filing a claim is to prove to the court the existence of a debt and the fact of its non-return by the defendant. The application must be signed by the plaintiff (trustee, official representative).

List of documents attached to the statement of claim

Article 132 of the Civil Procedure Code defines a detailed list of documents that must be attached to the statement of claim. The plaintiff is obliged to submit to the judicial authority:

• a copy of the claim (in the number of defendants in the case);
• a financial document (payment order, receipt) confirming the payment of the state duty;
• all papers confirming the occurrence of outstanding debt;
• documents testifying to the actions of the plaintiff, taken to recover the debt. The data are obligatory for submission, if such actions were stipulated in the contract (legislation);
• calculation of the claim amount, taking into account the unpaid loan, accrued interest for the overdue period, as well as the plaintiff's expenses for actions aimed at collecting the debt in a pre-trial manner;
• a power of attorney for the powers of an official representative if he acts in court on behalf of and on behalf of the plaintiff.

Sample of filling out a claim

Litigation is a rather complicated and time-consuming process. In order for the entire package of documents to be completed correctly, competently and correctly, you should contact a professional lawyer. With its help, you can significantly facilitate the task, avoiding errors and inconsistencies. The costs of legal fees can also be included in the amount of the claim being filed, by documenting them.

Each individual case has its own characteristics and nuances, which cannot be foreseen. In this regard, drawing up a formal application form is inappropriate, however, a generalized example of a claim for debt collection can be cited.

To the Leninsky District Court of Belokamensk
Plaintiff: Zhigarev Ippolit Vitalievich
Address: Belokamensk, st. Chernomorskaya, house 151, apt. 45
Defendant: Osipenko Alexander Yakovlevich
Address: Belokamensk, st. Kochetova, building 16, apt. 12
The cost of the claim is 120,000 (one hundred twenty thousand) rubles

STATEMENT OF CLAIM
on debt collection under a loan agreement

On March 1, 2012, the defendant approached me with a request to lend him money. I expressed my consent, and a loan agreement was concluded between us. Citizen Osipenko A.Ya. personally received from me 110,000 (one hundred and ten thousand) rubles. on the basis of a preliminary agreement, the return of the loaned amount was to take place before September 01, 2012, as indicated by the defendant in the receipt drawn up by him.
The terms of the transaction were violated by the citizen A.Ya. Osipenko, since the money was not returned within the agreed period. I have repeatedly made attempts to repay the debt, but neither regular reminders, nor requests to repay the debt voluntarily led to a positive result. The defendant refused me every time, arguing that he had no money at the moment. In this regard, I was forced to go to court with a statement of claim for the return of the debt.

Considering the above circumstances of the case, and based on Articles 807, 808, 810 of the Civil Code of the Russian Federation, as well as Articles 131, 132 of the Civil Procedure Code of the Russian Federation,
I beg:
To claim from the defendant the return of the debt in my favor, on the basis of a loan agreement, in the amount of 110,000 (one hundred and ten thousand) rubles. To recover from citizen Alexander Yakovlevich Osipenko the payment of interest for the use of funds in the amount of 10,000 (ten thousand) rubles.
All legal costs of the proceedings shall be assigned to the defendant in my favor.
Appendices (on six sheets):

• copy of the statement of claim - 1 copy;
• receipt of citizen A.Ya. Osipenko on the presence of debt (copy) - 2 copies;
• calculation of the amount of interest for the use of funds - 2 copies;
• original financial document confirming payment of the state fee - 1 copy.

One of the simplest effective ways to formalize and consolidate the relationship between the debtor and the creditor is a receipt. The purpose of this document is to certify certain legal facts, to confirm the emergence or termination of civil legal relations.

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Most often, this means the following facts:

• receipt of performance on obligations (cash, bill, check and others);
• obtaining a loan;
• acceptance of a thing for storage.

Depending on what the receipts confirm, they are divided into the following types:

The receipt is the main evidence if a claim is filed for the return of a debt.

In addition, receipts can be issued upon receipt of any documents (certificates, licenses, summons, mailings), items or funds (parcels, transfers, salaries), after a person familiarizes himself with certain information (after familiarization with safety precautions, with a notification about impending dismissal). Common types of the document under consideration are also a receipt for the absence of claims, for the receipt of alimony.

From a legal point of view, a receipt is a unilateral document confirming (certifying) the fact of the occurrence or occurrence of an event or action that serves as the basis for the legal obligations of the person who issued it.

The scheme of actions with a receipt is extremely simple: one party (the debtor) writes a receipt confirming the fact of receipt of money, which indicates the timing of the repayment of the debt, interest, and other conditions

After receiving the money, the document is handed over to the creditor. It should not be forgotten that after the debt is repaid, it is imperative to take a receipt from the creditor that the funds have been fully returned and the debtor has fulfilled his duty in full, or you can simply take the receipt from the creditor.

A statement of claim on debt collection by receipt can be drawn up independently - this is not a complex procedural document and, as a rule, does not require complex descriptions, a time-consuming process of proof. You just need to correctly draw up a statement of claim, and in the document itself, clearly describe what the receipt was about, point out the fact of non-repayment of the debt and your requirement to collect a debt from the debtor with a penalty.

An IOU is drawn up in the event of a loan between two people, if the amount is up to 10 minimum wages, and also if an advance payment for services or goods has been received.

Before proceeding to consider the issue of the statement of claim, you should consider the requirements for this document, since its correct design is a guarantee of a successful trial.

The rules for issuing a receipt are as follows:

• writing form;
• the name of the document must be present ("Receipt of receipt of funds in debt from the name of the creditor");
• place of compilation;
• full name, passport data, addresses of two parties;
• the amount of money is written in words and in numbers;
• you need to describe the situation in full (received money in the amount ...), specify the conditions specifically (I undertake to return the amount ... and interest ... at such and such a time);
• the document is signed by the originator or two parties with the obligatory indication of the date;
• blank lines are crossed out with dashes;
• you can invite witnesses who also put their signatures on the receipt, indicate their full name, addresses;
• a receipt may not be certified by a notary if the amount does not exceed 10 minimum wages, but you can also do this - then you will have to pay a certain amount for notarization;
• all signatures, especially the signature of the debtor at the end of the document, must be transcribed.

It is produced in cases clearly specified in the legislation, for example, in case of deliberate damage to the property of an enterprise.

How and on what grounds it is possible to collect debts from an LLC is explained in detail in the article on.

Lawyers have several tips for issuing a receipt:

• it is not necessary, but desirable that at least one witness, a capable disinterested person, was present during the execution and execution of the document (the fact of his presence is confirmed by the signature of the parties to the transaction);
• if the borrowed amount exceeds 10 minimum wages, then the legislation provides for such transactions to be formalized by drawing up a contract, in this case only the contract, and not the receipt, will be recognized by the court as the basis for collection;
• the text of the receipt is only on behalf of the borrower and was written by him by hand, the one who lends may not be present at the same time;
• you cannot put signatures on an empty form;
• it is advisable to put the signature right under the text in order to exclude the addition of additional items by someone after the document has been drawn up without the knowledge of the borrower;
• only normative Russian speech should be used, ambiguities should be avoided;
• you should indicate the amount of the penalty in case of non-payment within the agreed period (if it is not indicated, the standard penalty awarded by the court is 8,3% annual);
• the lender must carefully check the original of the passport with the data in the receipt (for any error, even in one letter or number, the court may invalidate the receipt);
• it will be better for the lender if the debtor does not indicate the purpose of the loan in the receipt, since there will be a legal loophole to write off non-repayment of debt to business risks.

A receipt can be drawn up on any piece of paper, even on any that comes to hand, or on an item on which you can write. The main thing is that the details of the parties are clearly spelled out in it and the signature of the person borrowing money bears.

Pre-trial settlement

There are three ways to repay the debt on receipt, namely:

• voluntary pre-trial settlement;
• sale of debt to collectors;
• a claim and a trial, after which the federal bailiff service is involved in the collection.

The easiest way is pre-trial settlement. But it is worth noting that this method is quite rare, since the debtor rarely agrees to voluntarily give money. If after a verbal reminder he returns the debt, then such a situation is the best of all possible. But you can also formalize a pre-trial procedure for the return of a debt on a receipt formally. To do this, you will need to draw up a claim and send it to the debtor.

The rules for filing a claim are as follows:

• Drafted in free form, it should contain a reminder of the receipt and the conditions for repayment of the debt. Indicate its date, parties, the amount of debt, and other conditions. The fact is also stated that the term has expired, the money has not been returned and it is required (proposed) to fulfill this obligation as soon as possible, otherwise the dispute will be resolved in court with the collection of penalties for delay.
• The claim should be handed over personally to the debtor and the fact that he received it should be recorded (take a receipt from him, record the fact of transfer using a smartphone, use witnesses). If it is difficult to do this with your own hand, you can send it by registered mail with a mail notification of receipt.
• If the claim has not yielded any results, the efforts are still not in vain. This document will serve as additional evidence in favor of the creditor in the litigation.

In the claim, you can also remind the debtor that when the debt is enforced, the bailiffs may impose restrictions on traveling abroad, additional penalties in the form of enforcement fees, penalties.

Pre-trial settlement can also be carried out by transferring the right of claim to the collectors, and in this case, the creditor will not have to deal with the debtor at all

There will be no need to write claims, lawsuits, as well as bother with contacts with the other side - all the questions will be taken over by the collectors. To implement this method, you need to contact private collection companies and draw up an agreement.

The disadvantages of selling the debt to collectors is that they will take some percentage of the collected amount for their services. Pros - the creditor will receive a certain part of the amount in hand immediately after the conclusion of the contract with the collectors, all the problems of returning the money will be taken over by the company providing debt collection services.

Court

The litigation to collect a debt on a receipt does not require much effort - the main evidence for the court is the receipt, if it is correctly drawn up, then in the vast majority of cases the creditor wins the court.

A sample statement of claim for collecting a debt on a receipt may also contain a requirement to pay a penalty, therefore, solving the issue of returning a debt through a court will allow not only to return the borrowed money, but also to collect a penalty for delay.

The process of returning a debt on receipt by means of a court goes through the following stages:

1. Drafting and filing a claim.
2. Preparation of documentation that must be provided to the court along with the application.
3. Payment of state duty, which is calculated as a percentage of the debt. Confirmation of her payment is attached to the documents. It is recovered from the defendant if he lost the court.
4. Submission to the court of the claim and the documents attached to it. One copy is sent to the debtor at the same time. All documentation is submitted to the court registry. It is imperative that you make and leave copies with marks on the delivery of documents.
5. For an amount up to 50 thousand rubles the statement of claim is submitted to the magistrate's court, from above 50 thous.- to the district.
6. Further, you should wait until the subpoena arrives and appear there at the appointed time.
7. After the decision is made and formalized, you need to pick it up, wait until it comes into legal force and submit an application to the office for the issuance of a writ of execution.
8. Submission of a writ of execution to bailiffs at the place of registration of the debtor and control of the process of enforcement proceedings.

Along with filing a claim, you can also file a motion for the seizure of the debtor's property in order to secure the claim. But do not notify the debtor about this.

Required documents

A statement of claim for the collection of a debt on a receipt implies the collection of the following documents:

• the claim itself (three copies: one for himself, two for the court, and sometimes one copy is sent by the plaintiff to the defendant);
• payment document on the duty;
• a copy of the IOU;
• if there is a document on the transfer of money to the debtor (receipt, check, extract from the debtor's account), you must provide a copy of it;
• a copy of the claim and a receipt for mailing to the debtor or other evidence confirming its delivery;
• check of registered mail, inventory, mail notification of delivery of a letter with a claim to the defendant;
• calculation of interest for late payment (three copies: to myself, to the defendant and to the court).

A claim, a copy of a receipt, postal or other confirmation of the direction of the application to the debtor is provided to the court, if there was a claim - confirmation of its sending or delivery to the debtor, calculation of interest. A claim and interest calculation are sent to the debtor.

They leave for themselves a copy of the claim, on which the court office puts a mark on its delivery, the calculation of the penalty, the original receipt, the claim, as well as the receipt of the state duty and postage.

What does a statement of claim for debt collection on receipt look like?

A sample statement of claim for debt collection by receipt has the following structure:

1. In the upper right corner: court details (name, address).
2. In the same corner, the full information of the parties is indicated (addresses, postal codes, telephones).
3. After the parties indicate the price of the claim.
4. In the middle they write the name of the document: "Statement of claim for debt collection by receipt with full name".
5. Describe the circumstances of the dispute. The writing should be short, specific and clear. It describes how the money was transferred, the amount, the terms and conditions of the return. The full names of the parties, witnesses are indicated.
6. The fact of expiration of terms and non-return of money is indicated, whether pre-trial settlement was involved.
7. If it remains to collect part of the debt - its size, the date of partial payment.
8. Calculation of interest on arrears.
9. References to legislation and a request to the court to rule on the collection from the debtor in favor of the plaintiff, the debt, interest and the paid state duty.

If the time frame for the return has expired, the plaintiff has the right to demand, in addition to the payment of the principal amount, interest on the delay, even if this is not indicated in the receipt. According to the general rules, the penalty interest is calculated for each overdue day based on the size of the refinancing rate - 8,25% ... The formula is as follows: the debt is divided by 360, multiplied by the number of days of delay, and the resulting figure is multiplied by the rate. As a result, you get the amount of delay in one day.

Sample statement of claim for debt collection by receipt (statement of collection):

Oktyabrsky District Court

Rostov-on-Don

per. Red Banner, 225, ind. 345215

plaintiff: Petrov Nikolay Maksimovich

Rostov-on-Don, st. Chekistov, 54/15, ind. 343256

Tel. 89876578966

defendant: Shmatko Viktor Andreevich, b. 23.03.1990

Rostov-on-Don, st. Pioneers 231/56, ind. 345215

Claim price: 95,000

Statement of claim

I, Nikolay Maksimovich Petrov, on June 20, 2019, lent Shmatko to Viktor Andreevich 03/23/1990 b. (hereinafter, the Respondent) money in the amount of 95,000 (ninety-five thousand) rubles.

On the same day, the Respondent drew up a receipt (attached to the claim) dated June 20, 2019, according to which he undertakes to return the money by May 15, 2019.

The receipt is in a simple written form, signed by me and the Respondent. The following witnesses were present when the receipt was drawn up: Kranin Artur Stepanovich 19.07.1987, b. (Rostov-on-Don, Solovetskaya street 23a / 17, tel. 97878987565), Red Angelina Vyacheslavovna 03/27/1978 b. (Rostov-on-Don, Pravdy pr. 15/97, tel .: 89765787878). These persons have attested the terms of the receipt by their signatures on it and can confirm all the circumstances I have set forth.

Within the agreed period, which is also indicated in the receipt, namely by May 15, 2019, the Defendant refused to fulfill the obligation to pay the debt of 95,000 rubles. As of today, the Defendant has not repaid the debt.

An attempt to resolve the dispute without involving the court was made: on May 16, 2019, I sent a claim to the Respondent with a proposal to return the money peacefully (a copy is attached). The respondent ignored my proposal.

At the moment, the maturity date according to the receipt dated May 15, 2019 is exceeded by V.A. Shmatko by 109 days. The penalty is: 95,000 / 360x109x8.25% = 2373 rubles per day. For 109 days, the soum was 109x2373 = 258657 rubles. The amount of the state duty paid by me was 2850 rubles.

Considering the above, in accordance with Art. 807-811 of the Civil Code of the Russian Federation, Art. 3,131,132 Code of Civil Procedure of the Russian Federation

To collect in my favor from Viktor Andreevich Shmatko on 23.03.1990 b. debt in the amount of 95,000 (ninety five thousand) rubles, penalty for violation of the terms of payment - 258657 (two hundred fifty eight thousand six hundred fifty seven) rubles, fee 2850 (two thousand eight hundred fifty) rubles. and only 356,507 rubles.

To the Kuibyshevsky District Court of Omsk

Plaintiff: B., residing:
Omsk region, city ..., ...

Defendant: I.,
resident: Omsk,
st. Lermontov / Kuibysheva, d. ..., apt. ...

the price of the claim: 82 353 rubles 91 kopecks

Statement of claim
on debt collection by receipt, interest on the loan amount,
interest for illegal use of funds

September 25, 2009 B. (the plaintiff) handed over to I. (the defendant) cash in the amount of 69,300 rubles, in confirmation of which B. was issued a receipt from the recipient of the loan.

However, the defendant did not fulfill his obligation, he did not return the money in the amount of 69,300 rubles.

The interest provided for in paragraph 1 of Article 811 of the Civil Code of the Russian Federation is a measure of civil liability. The specified interest charged in connection with the delay in repayment of the loan amount is charged on this amount without taking into account the interest accrued on the day of return for the use of borrowed funds, unless there is a direct clause about a different procedure for calculating interest in the rules binding on the parties or in the agreement. "

According to the Directive of the Central Bank of the Russian Federation, dated 05/31/2010. 2450-U "On the size of the refinancing rate of the Bank of Russia", the discount rate of the bank interest is 7.75 percent per annum.

The following shall be subject to collection:

1. the amount of debt on receipt - 69,300 rubles;
2. interest on the loan amount (Article 809 of the Civil Code of the Russian Federation) - 6713 rubles 44 kopecks;
3. Interest for illegal use of other people's funds (Articles 395, 811 of the Civil Code of the Russian Federation) - 6340 rubles, 47 kopecks.

Total: 82 353 rubles 91 kopecks (69 300 + 6713.44 + 6340.47).

In connection with the above, I ask the court:

1. To collect from the defendant I. in favor of the plaintiff - B. 69,300 rubles of debt under the loan obligation, confirmed by a receipt dated September 25, 2009;
2. To collect from the defendant I. in favor of the plaintiff - B. interest on the loan amount, in the amount of 6713 rubles, 44 kopecks;
3. To collect from the defendant I. in favor of the plaintiff - B. interest for the illegal use of other people's money in the amount of 6340 rubles, 47 kopecks.

Total to collect: 82 353 rubles 91 kopecks

Application:

1. copy of the receipt dated September 25, 2009;
2. calculation of the amount to be recovered;
3. a receipt for payment of the state duty to the court;
4. copy of the statement of claim for the defendant;
5. copy of the representative's power of attorney;
6. application for consideration in the absence of the plaintiff;
7. petition for notification at a different address.

Signature _________________________ / representative A.A. /