Give in debt subject to availability of money. But here to return them later on time, it turns out in full. What should I do to increase the chances of obtaining your blood earned funds?
1
The best option if there is a competent loan agreement (or even collateral). But in practice, few people make debt relations in writing in the form of a contract. In principle, the receipt of the amount issued in debt is also suitable, and the time of its return (the amount can be indicated in rubles with equivalent in dollars). In this document, the passport details of the involved persons (lender, borrower) should certainly be indicated. The display is regarded by the court as evidence of the availability of a loan agreement. Here you can download:
If the borrower has not returned the agreed amount, you have the right to go to court. It is not worth pulling with this business: the limitation period is determined by three years. The court should contact a claim for debt recovery.
Remember that the lender can claim to compensate for interest on the full amount of the loan if the existing contract does not indicate that the loan is interest-free. If the contract does not specify the amount of interest, it will be determined by the bid of an existing bank interest, relevant at the place of residence of the lender for the day of payment by the debt borrower (its parts). If the order of interest is not specified in the document, they are payable until the return day of the loan. We also keep in mind: with the loan refund date indicated in the contract, the loan is also able to recover from the borrower also the percentage of other people's money. If the debt return period is not specified, the interest will be charged after 30 days from the moment the debtor's written request on the return of the debt amount.
4
The procedure for debt recovery implies such actions from the lender (its legal representative):
writing the claim for recovery from the debtor of the debt (it should describe the circumstances of the loan of money, indicate their evidence and norms of law);
payment of state duty;
the submission of the prepared claim to the court directly at the place of residence of the debtor (a receipt should also be submitted to pay the provided state duty, which has a receipt and its copy);
fulfillment of the court decision by means of the bailiffs.
5
The statement of the bailiffs should be printed in two copies. It needs to be specified by the requirement for the adoption of the executive list. This statement is served at the place of residence of the borrower, at the location of his property or at the place of registration of the debtor's legal entity. The decision to start enforcement proceedings (or about refusal) is made not more than 3 days from the date of application. A copy of the decision will be sent by mail and the debtor, and the recoverer. If the debtor will voluntarily not pay off the debt, the procedure for forced recovery will be initiated.
Application example of bailiffs You can download on the site. You can get acquainted in more detail with the procedure for drawing up the statement by the bailiffs in article.
6
The bailiff must collect data on the availability of bank accounts, assets, property that can be removed in order to repay debt. If the debtor has no deposits, accounts in the bank, the arrest is imposed on his property, it is subject to sale. The income received from sales will be aimed at repaying the debt. In addition, it may be decided to hold a certain amount from the debtor's wages with the subsequent transfer of it to the recovery account.
7
The recoverer must control the course of enforcement proceedings, as it is personally interested in its result. If the recovere suggests that the bailiff deliberates production, he is entitled to ask what measures are taken by the bait, and write a complaint (to the superior leadership of the bailiff, to the prosecutor's office, to court). There is also an opportunity to try to independently recover the amount of debt from the debtor without referring to the bailiff service. So, you can contact the bank with the executive list, where there are accounts or savings of the debtor, or to its employer, with a request to fulfill the court decision.
To increase your chances of winning in court, especially if the amount of debt is impressive, it will not be superfluous to refer to an experienced lawyer for help. The whole debt recovery process is regulated by Federal Law No. 229-FZ "On the enforcement proceedings".
An example of a loan agreement;
Statement of claim and 
0
1611
