There is a wonderful saying: “To borrow is to teach others; to lend is to execute yourself,” it’s a pity, but basically it justifies itself. It’s not that it’s better not to lend at all, of course, we must remain human, but, unfortunately, practice shows that debts are remembered not by the one who takes, but by the one who gives. Therefore, we will talk about how to solve the problem if you were stupid enough to lend money to an unreliable person and what to do if they do not repay the debt. First of all, throw away all feelings of guilt, your goal is to return the money, your money, and here all methods are good, of course, only those that are within the scope of the law of your country. So let's get started.
How to collect debts from a debtor?
- Let's do a little reconnaissance. Visit your debtor at his place of registration or place of residence, look around there, find out the reason why he does not repay the debt and whether he can do it. Of course, “can” or “can’t” is not your problem, but from this information we will base what to do next. Remind him, for starters, without being intrusive. The main thing is not to scare him away ahead of time.
- Act according to the circumstances. If we find out that he still has the opportunity to return the money, then our goal is to extract money from the debtor in any way, but let’s start small. Hint that you yourself are not in the best financial situation right now, in a word - press for pity. After all, if there is a chance to do without quarrels and threats, then why not take advantage of it.
- Reputation is more valuable than money, both yours and the debtor’s. Start spreading information about your borrower’s dishonesty among his friends, acquaintances, colleagues, and superiors. This is a good psychological move that can work. The method is not entirely moral, but what can you do if they don’t give you the money?
- Transition to decisive action. If it is still not possible to extract money from the debtor through peaceful means, then we move on to plan “B”. Let him know that you are serious and repaying the debt is a matter of honor. Try to take a receipt from him, drawn up according to all the rules in front of witnesses, or take his property as collateral until the debt is fully repaid. If that doesn't help, try selling his property. If a receipt is obtained from him, the last resort would be a lawsuit.
But sometimes the most effective methods for collecting money from a debtor are those where cunning and originality come to the rescue. These are exactly the kinds of life experiences I would like to hear from you. In what ways have you or someone you know managed to extract money from a debtor? Perhaps your story will give someone else an idea!
Opinions
Thank you for the article! My friends managed to repay the debt with the help of pity, or in such a way that they met halfway and waited for repayment, i.e. It was such that we had to negotiate again, give another chance to return.
I’m wondering, what should I do if the creditor is a relative? Perhaps there will be or are articles on this topic.
If the lender is a relative! So is this a problem? When the debtor is a relative, this is a problem, and it’s somehow inconvenient to sue him. If the creditor is your relative, then it is probably better to repay the debt so as not to spoil the family relationship. Although sometimes it happens that a loved one is worse than a stranger. Well, it depends on the situation. In general, I think there is not much difference, debt is debt, and debts must be repaid.
Kira, on the one hand you just understand that he cannot repay the debt, but on the other hand, it’s inconvenient to refuse a loved one. And what to do then... is unknown. We have to make some decision.
Thanks for the interesting topic. I liked the advice about “putting pressure on pity.” It is really difficult to extract your own money from a debtor, and in many cases this tactic works.
svx, If this is his loved one, then he himself should want to repay the debt. Here we have to try to come to an agreement, explain everything, give it in parts, I don’t see any other option. Unless you borrow from someone else, but this will not solve the problem.
Polina, Yes, it often works, because people who borrow and do not repay (with the exception of normal people who borrow out of desperation and try to repay, and swindlers who did not intend to repay in the first place), and so, such people are simply irresponsible, they this is not out of malice, they are just flawed people who do not control themselves, but they have human feelings, so they can be put under pressure. Thus, the pressure on pity works.
Useful tips, but it’s a pity that these methods are often not enough. As for the receipt, it should be drawn up not when you need the money back, but after the fact of lending the money. Although this is also not the safest option. The best way, from the point of view of minimizing the risk of non-repayment, is to conclude a loan agreement. If the amount is large, it is better to protect yourself and pay the lawyer before rather than after and pay three times as much, or even more. It all depends on the circumstances of the case.
What I can personally advise is an ordinary song, don’t lend. But if you still lend money, then you must have ways of influencing that person, so that if something happens you can put pressure and your money will be returned to you. If you don’t know how to collect debts, then don’t get involved and don’t give anything to anyone.
Deribas, Yes, you say everything correctly, I agree 100%, but many people, out of stupidity or out of the kindness of their hearts, find themselves in such situations and then we must proceed from what we have and somehow try to correct the situation. And this will certainly serve as a good lesson in the future.
One day, I couldn’t get my borrowed money back. My debtor delayed for 2 years, explaining that she, too, had not yet been given the money. This woman’s husband was a portrait painter, and I finally offered to paint portraits of my relatives and me for this amount of debt. Knowing how much he charges for a portrait, I calculated that they owe me 3 portraits. So they decided. He painted 3 quite large portraits, and now they hang in my living room.
Helen, I recently also had a situation where I didn’t know how to repay a debt (a friend helped me pay for a foreign service) - there were problems with the payment system, I couldn’t withdraw money to my friend’s wallet. As a result, he offered to pay for the Internet, he would quickly pay and thus pay off the debt. You can always find an additional way to reimburse the amount if you don’t have cash or don’t have certain options.
In practice, I had a case of non-repayment of a debt in excess of $20 thousand (between individuals - citizens). The same nonsense, in order to lend, part of the amount was borrowed. I wonder how many portraits would need to be drawn for full compensation and would they be useful in intensive care? (since the creditors of the creditors were also indignant, to put it mildly..) if the debt was repaid in this way.. In general, the moral of the fable is as follows: do not borrow to lend.
lexfireprof, a serious amount... with such amounts there is no time for portraits, I think)
In general, I agree on all points... Don’t borrow in order to re-borrow, and don’t lend in order to borrow later)
That’s for sure, this topic has eaten up so many nerves, including for all participants in the transaction. There is still an outstanding amount left, although this is a trifle if you compare it with the entire amount.
lexfireprof, many people resort to different methods for such situations. I know a case where a woman borrowed $10,000 to start a business, it didn’t work out, and then she deceived others in order to pay off this debt. So, indeed, this creates danger for everyone around.
Well, it’s impossible to say that there’s a danger here for everyone, it’s too much for everyone and we’d rather inflate the scale of the problem; on the other hand, it could very well leave a negative imprint on the relatives and friends of both sides. The same applies to friendship and family relationships. A request to everyone who borrows: please be conscientious in advance, value friendship and family ties, this is more valuable than money.
The article is interesting, and I had to deal with such situations. Borrowing or lending is such an unpleasant experience for everyone, in my opinion. From my own experience, I can say that the main thing is not to lose sight of the debtor. He himself, if he still has decency or fear of losing a relationship not even with you, but of publicity, will begin to fear you. Basically, people don’t want to quarrel, they don’t want to look bad by collecting a debt. And that’s why it’s unpleasant for them to call every day and remind them of the debt. You can remind not only the person, but also his family and friends, so that everyone knows that he is dishonest. And the most important thing is to never lend without a receipt drawn up in accordance with all the rules.
Before lending money to someone, I would take a receipt from him. And then he won’t go anywhere. This is what all banks do, when they borrow from them, they draw up a document stating that such and such a person took such - that amount.
lavkaol, well, to say that it’s unlikely to go anywhere directly, but to increase the chances that if something happens it will be possible to return the money - for sure. After all, the receipt itself is not a loan agreement; it is only an indirect confirmation of the conclusion of the transaction.
Yes, a receipt without notary approval is just a piece of paper. But even if the receipt is certified by a notary, all this must be proven in court, which is actually not that easy. Especially if the debtor has savvy lawyers.
There are often cases when acquaintances or friends ask for a loan of money, and few people think of bothering with receipts or witnesses to the loan.
The way society has developed is that nothing is spared for friends and acquaintances, but the consequences of such a loan can not only ruin friendships, but also affect the financial situation of the “savior” himself.
Oral agreements have their own dangers, as they do not provide guarantees that the debt will be repaid.
This practice exists even among families, but if it is 10-20 rubles, the loss is small, but if the amount exceeds 1000 rubles, it makes sense to think about it. We will find out further why people cannot or do not want to repay a loan, as well as how a debt can be repaid legally without a receipt and witnesses.
How to collect a debt from a debtor without a receipt? If the fact of transfer of money was not recorded and documented by a third party, debt collection becomes a real problem.
It is extremely difficult to prove when you lent to whom and how much if there is no evidence. However, human rights activists argue that legislation can support and also create all the conditions for the debt to be repaid.
There are three main methods of debt collection that have legal grounds. Among them:
- a statement to the police about fraud;
- trial;
- settlement agreement.
It is recommended to use these methods of debt repayment, since they are not only legal, but also do not pose a threat to the life and health of the borrower (as is the case when using the services of collection services).
The most cruel and dangerous for both parties are the services of debt collectors. For a certain amount, specially trained people are ready to literally knock out money and find it where there is none. It is better not to get involved with such organizations that operate illegally and can harm the life of the borrower. Be that as it may, no amount of money can replace a good friend and comrade, not to mention relatives. Let's consider ways to collect funds that are more effective and also operate within the law.
When collecting a debt, it is extremely important to take into account the moral side of the situation. If the person who owes money is really in a difficult financial situation and does not deny this, you can try to negotiate.
For example, divide the amount of debt over a certain amount of time. So it’s easier to return 500 rubles a month than 2000 at once. If there is no trust in the borrower, you can contact a notary (third party), who will document an agreement to repay the debt in installments.
The best option is to contact a notary, who will draw up a settlement agreement, indicating the rights and obligations of the two parties, indicating:
- loan repayment period;
- sum;
- consequences that entail liability in case of refusal to further repay the debt.
You can also draw up a receipt in which the borrower himself indicates that he borrowed money from a specific person (indicating his full name and surname, year of birth and actual address), and also undertakes to return it within the specified time frame. The document is valid after certification by a notary, and can also later be used in court as material evidence.
If, on the contrary, a person is hiding, has changed his place of residence, or is deliberately avoiding contact, then a trial cannot be avoided.
First of all, you need to try to come to an agreement on your own. This will not cause further discord in the relationship, nor will it ruin the reputation of both parties. Law enforcement is a last resort when the situation is truly out of control and requires third party intervention.
There is no need to be afraid to stand up for your rights. Many people are ready to forgive a large sum to their debtor, just to avoid the situation becoming public.
In addition to the fact that the money will be returned, you can also claim moral compensation, which the borrower will definitely pay if his guilt in failing to pay the debt is established by the court.
Contacting the police
If the borrower, without substantiating the reason, refuses to repay the debt, you can contact the nearest police station and write a statement about fraud, in which you indicate in detail all the details of the situation.
Within a certain time, it will be considered, and the borrower will be summoned for questioning, the result of which will determine the further course of action.
During the interrogation, if the borrower categorically denies the fact of borrowing money, the investigator will transfer the case to court, where further proceedings will be carried out.
Usually, the police department makes the borrower understand the seriousness of the situation, as well as the burden of responsibility that awaits him in the event of further refusal to collect the debt. If, even after these convictions, “things are still there,” then the court will deal with further proceedings.
Statement of claim to court
Let's look at how to collect money from a debtor without a receipt through the court.
If the amount is serious, and the borrower behaves boorishly, categorically refusing to return the money received as a loan, you can skip the previous point and go straight to court.
It is advisable to support the judicial statement with any evidence, among which you can use:
- Audio and video recordings of conversations in which the borrower himself does not deny the fact that he owes money, as well as exactly how much.
- Recordings from voice recorders that confirm the fact that the borrower does not want to repay the debt, as well as the reason for this.
- Correspondence on the Internet, as well as SMS messages on the phone.
The more evidence is collected, the faster the debt collection case will move forward. It would also be useful to know that the borrower is quite capable of repaying the debt. This may be evidence in the form of a certificate from your place of work about wages for the last 3 months, as well as photos of purchases made during the loan.
Usually the defendant is explained in detail that he will not only return what he owes, but also moral compensation for what is happening. This is quite enough to sign a settlement agreement, as well as agree on a debt repayment scheme in the presence of third parties. The prospect of paying what you owe and also compensation for moral damage is not particularly encouraging, forcing you to think about your own behavior and repay the debt as quickly as possible, putting an end to numerous disputes and trips to court.
You need to understand that in some cases it is extremely difficult to prove that the borrower owes money. This significantly aggravates the legal process and can also make its outcome not in favor of the plaintiff.
Let's look at two key factors that significantly influence debt collection:
- Presence or absence of evidence. If in court there is nothing to present except a claim with the stated situation, the probability of debt repayment sharply decreases to 12%.
- The behavior of the borrower, as well as his denial or agreement to repay the debt. If a person is friendly, but due to the current difficult financial situation, he does not have the opportunity to return the entire amount, you can always compromise by agreeing on the timing of the return of the money. If the fact of the loan is not recognized, the case may be closed due to the lack of corpus delicti and evidence.
What are the features of recovering debts from individuals without receipts and witnesses? Is it possible to repay a debt without going to court? Where can I order debt collection services without a receipt?
A good friend comes to you and tearfully asks you to lend him some money to urgently repay a loan, for medicine for a second cousin, or for a trip to a sanatorium for his beloved wife, who needs to immediately improve her health.
You feel sympathy for your friend and lend him money without even taking a receipt. Why formalities - after all, this is your friend! Moreover, he asks for money literally for 1-2 months. You wait patiently, but 2, 3, 4 months, six months pass, and you still don’t see your money.
Surely a similar story has happened, if not to you, then to someone you know. In such a situation, many give up. Friendship is friendship, but you want to get your money back, because you don’t have too much of it.
Is it possible to repay a debt if there is no documentary evidence of the transaction - a receipt? And if so, how to do it? I, Anna Medvedeva, an expert at the online magazine HeaterBeaver, will answer these questions in this article.
At the end of the article you will find an overview of situations where, unfortunately, it is impossible to get your money back. Read carefully and do not make such mistakes.
1. Features of debt repayment without a receipt
Let’s say right away that this process is difficult and does not at all guarantee a successful outcome for you. After all, we are talking about actions within the law, and the law needs evidence. Things that are obvious to you are not obvious to the court - it requires factual confirmation.
How to repay a debt without a receipt? The algorithm of actions is basically similar to the scheme when you have evidence in your hands.
But at the same time, two factors increase significantly:
- attendant difficulties and troubles;
- the likelihood of an unsuccessful outcome for the creditor.
We will pay special attention to the situation when funds were not transferred in cash, but were transferred to a bank card or bank account .
In this case, you need to send a claim to the borrower demanding the return of funds that were transferred erroneously. This is called unjust enrichment.
Important!
The claim must be written within 10 days.
If the debtor does not return the money, you go to court with this claim, but you are writing a statement of claim not to collect the debt, but to return the amount of unjust enrichment. In this case, it will be unrealistic to prove the fact of the loan, but it will be possible to prove an erroneous transfer.
At the request of the court, the borrower will have to provide the basis for receiving the funds and, naturally, will not be able to do this. Then the court will rule in your favor.
How to proceed when borrowing cash will be discussed in the next section.
2. Methods of repaying a debt without a receipt - 4 main methods
Even in such a seemingly hopeless situation, there are also some loopholes.
Let's see what ways you can try to recover debts from individuals without a receipt.
Method 1. Solving the problem peacefully
Most often, a person is not given a receipt not because of an oversight, but because of trust. Usually money is given on parole to close friends or relatives. Therefore, during negotiations, the working button will be conscience.
What can you agree on with the debtor if he does not repay the debt due to financial difficulties:
- postpone the payment deadline;
- offer payment in installments;
- agree to the so-called barter, when in exchange for a debt the borrower gives you some property or provides any services.
Example
Vasily is an individual entrepreneur who runs a building materials store and a team for repairing and finishing apartments. He borrowed money from his close friend Sergei to develop his business.
But the next wave of crisis in the country sharply reduced the store’s turnover and, accordingly, Vasily’s income. Now he cannot not only repay the debt on time, but even name the date of the expected payment.
The business barely pays off, the friendship comes to an end. However, being civilized people and old friends, Vasily and Sergei found a compromise.
They agreed that for the amount that Vasily borrowed from Sergei, he would do part of the repairs in a friend’s apartment, providing materials from his store and finishing craftsmen.
Method 4. Attracting collectors
To delegate debt collection to a third party (collection agency), one indispensable condition is necessary - the fact of the debt must be confirmed by the court. Therefore, this method is possible only after the completion of the trial.
In addition, collection agencies charge considerable interest rates for their services - up to 50. Not everyone will agree to this.
Let's summarize the data in a table:
№ A way to repay a debt without a receipt Probability of success 1 Resolving the issue peacefully, pre-trially Low, often very low 2 Initiation of a criminal case for fraud Low, has 2 possible outcomes, most often ends in refusal 3 Court Quite high if there is at least some evidence 4 Collectors services Ambiguous, because even if the case is successfully completed, you will not receive the entire amount of the debt, most often only half 3. How to repay a debt without a receipt - step-by-step instructions
Now let’s consider in practice how to repay a debt without a receipt or witnesses.
It is noteworthy that the development of the process depends on what position the debtor takes.
Step 1. Contact the borrower
Even if you have communicated with the debtor several times before, do so again to clarify his intentions. If you can’t resolve the matter peacefully, take active steps.
The first of these will be a formal claim against the borrower. Send E1 by registered mail so that you have receipt of receipt. This notice will be very useful in court.
Step 2. We collect the necessary evidence of the fact of transfer of money
Try to get a receipt from the debtor even when the agreed period for repayment of the debt has passed. If this fails, collect other evidence.
These may be:
- audio and video recordings of conversations with the debtor, where we are talking about the return of borrowed money;
- files with conversations via email, social networks, SMS or other communication systems.
It would be great if there were witnesses to the transaction. Agree with them about their participation in the case and trial.
We suggest watching an entertaining video about how people use their imagination to obtain evidence of a debt.
Step 3. Contact the police and file a report of fraud
The application includes:
- debtor data;
- time and place of transfer of money to the debtor;
- the period that has passed since the date of the promised repayment of the debt;
- description of all circumstances.
At the end of the application, state a request for verification for the crime.
These measures are sometimes enough for the debtor to change his position. He will be called in for questioning to identify signs of a crime. This procedure is unpleasant, and also threatens the initiation of a criminal case.
If the debtor has nerves of steel and similar measures do not affect him, the criminal trial will be denied. But the debtor may indirectly admit his guilt.
Example
Ivan Smirnov wrote a similar statement against his neighbor Anatoly Kuznetsov, who some time ago borrowed money from him without a receipt, and subsequently refused to return it.
Kuznetsov was summoned for questioning, where he made a mistake. He began to claim that he did not steal the money, but only borrowed it and did not refuse to return it.
This indirect confession, like all other testimony, was entered into the interrogation record. Now a copy of the protocol will be one of the main pieces of evidence in court.
Step 4. We receive a certificate of refusal to open criminal proceedings
So, the criminal case for fraud did not take place. This means that a lawsuit needs to be started. Along with the certificate of refusal to initiate a criminal case, take a copy of the protocol to the police department.
After this, you can file a claim for debt repayment through the court.
Step 5. Draw up an application to the court
Draw up the debt collection application correctly so that you don’t have to rewrite it in the future.
A well-written document contains:
- data of the borrower and lender;
- amount of debt with interest;
- circumstances of the case;
- a description of the measures you took to repay the debt;
- list of attached evidence;
- date of writing the application and signature.
In parallel with filing a claim for debt collection, we advise you to draw up a petition to seize the borrower’s property.
Step 6. Provide materials on the case
All evidence that you managed to obtain is attached to the statement of claim. We have already listed them. Do not forget to attach to the package a certificate of refusal to initiate criminal proceedings and a copy of the protocol.
It’s good if you have additional indirect arguments.
For example:
- information from witnesses to the transaction;
- information that on the day you indicate as the date of the loan, the debtor acquired any property.
In addition, you will need to pay the state fee, and the payment receipt will also be attached to the claim.
Step 7. We wait for the decision of the trial and get our money
Be prepared for the fact that the return of the borrowed money through the court will take a long time. It is possible that more than one court hearing will be scheduled.
If the court makes a decision to forcibly collect the debt, then a new stage will begin - enforcement proceedings. The work of the bailiffs is already here.
What to do if the court finds that the evidence provided is insufficient? In this case, there is another option - appealing the court decision to a higher authority.
In the publication “”, read other details of this process.
4. Professional assistance in repaying debt without a receipt - review of the TOP 3 service companies
As you can see, the absence of a receipt and other evidence confirming the fact of the debt complicates the process of returning the money and significantly reduces the chances of success.
But there are also professional companies that know how to repay debts without a receipt and will be happy to help you.
1) Lawyer
A unique and only portal in its field, operating throughout Russia. This resource has brought together more than 16 thousand specialists from different areas of law to answer any queries regarding legal practice.
Go to the website in the consultation section and leave your question. Before waiting 15 minutes for a response, search the archives and study recommendations for similar cases. If a free general consultation does not satisfy your needs, leave an individual request on a paid basis.
For convenience and time saving, the site developers have provided a mobile application. Installed on your phone, it will instantly notify you of received messages and allow you to receive online consultation in any conditions - on the road, while walking or in the hairdresser's chair.
The site has already been appreciated by many organizations and ordinary citizens who find themselves in difficult situations. But the main thing is not to avoid problems, but to be able to solve them. And here you will certainly find a lawyer who will help you with this.
2) Law company "Lord"
The company provides a wide range of services for individuals. They will help you collect your debt by any legal means, undertake pre-trial conflict resolution, and carry out bankruptcy proceedings. Consumer protection, migration, inheritance and housing law and much more.
Almost any legal assistance at a high professional level is provided to each client in accordance with the contract. You will be protected even from illegal actions of debt collectors.
Call or write, and the best lawyers from Lord will not keep you waiting.
3) Group of companies “Result +”
Here you will be offered several options for solving your problem for free. A professional team of experienced legal practitioners has been dealing with any legal issues and the most complicated situations for more than 10 years.
The company cooperates with government and commercial structures. On the site you will find reviews from many satisfied customers, including well-known and reputable organizations.
High-level specialists will help not only win the lawsuit, but also actually get the borrowed funds from the debtor.
5. In what cases it will not be possible to repay the debt - 3 situations in which the debt is considered bad
No matter what professional qualities and experience your lawyer has, he is also not omnipotent.
The law provides for cases when it is not possible to collect a debt from a debtor. Even if you have a receipt, confession or other evidence in hand.
Let's list these situations.
Situation 1. The statute of limitations has expired
You have 3 years to initiate debt collection proceedings. Agree, this time is enough even for the most sluggish.
If for some reason you have not done this, no lawyer will help you. Forget about the money you once lent and start earning money for others.
Situation 2. The debtor does not have the financial ability to repay the debt
Yes, if your borrower has no savings or income, his debts are written off. The same applies to cases when the debtor does not have property or it is not enough to pay off the debts after the sale.
Loans and credits are something without which modern life is unimaginable. Funds are used in difficult financial situations, in cases where a certain amount is needed to purchase property or open a business. However, this positive opportunity often turns into a nightmare for the lender. Debts are often not repaid. Sometimes the debtor's obligations can be very large, and therefore difficult to forgive.
How to repay a debt? There are legal and other instruments for this. They can be used individually or in combination. For each specific situation, the measure that will be most effective is selected.
How can I repay my debt?
Most debt collection issues are resolved at the pre-trial stage. Negotiations are underway between both parties, as a result of which a compromise option for the return of funds is found. This is the easiest way to get money. But it is not always working and, if a person does not want to give up the funds, the creditor can take more serious measures.
How can you force a debtor to pay money on your own?
Involves independent conflict resolution. A person needs to study the laws, consult with a lawyer and prepare a list of articles that the debtor violates. In this case, there must be documents confirming the existence of debt. Such documents may be an invoice, an act of acceptance of work or goods, or, for individuals, a receipt. Read how this happens on our website.
Then, with a list of demands, the creditor turns to the person who has the debt. This is a measure of psychological pressure. It is required to notify the debtor of what measures will be taken if he refuses to pay the money.
Another independent measure is filing a claim. must contain requirements for the person, as well as the time frame within which he must pay the money. If the conditions are not met, you can proceed to the next stage.
Going to court is one of the most effective ways.
Trial
How to force a person to repay a debt? Going to court is one of the most effective ways. To initiate proceedings you need:
- Draw up an appropriate claim;
- Attach to the claim documents that confirm the existence of the debt and its amount;
- File a claim in a magistrate or district court. If the amount of the claim is less than 50,000 rubles, the issue can be resolved through a magistrate.
The method is effective because the bailiffs who will conduct the enforcement process have legal leverage over the debtor. For example, this is the seizure and sale of property, withdrawal of funds from wages. How are debts collected under writs of execution? A lawsuit will be most effective in the following cases:
- The debtor has assets, property, bank accounts from which money can be obtained;
- The statute of limitations expires, and the creditor has the last opportunity to resolve the case through the court;
- All documents confirming the amount of debt and late payments are available.
But solving the problem through the courts has many disadvantages. Until the defendant’s guilt is proven, the costs of conducting the case are borne by the creditor. This is a lengthy procedure that does not always solve the problem.
How to collect a debt by contacting unofficial law enforcement agencies?
How to get out of debt? Often a desperate creditor comes up with the idea of turning to unofficial structures to forcefully resolve the issue. However, this measure has not been relevant for a long time. Firstly, the time of gangs and authorities resolving issues through violence has already passed. Secondly, the influence of law enforcement agencies has increased, and the creditor may suffer serious punishment for his initiative.
In the event of illegal debt collection, the debtor has all the tools to bring those involved in the pressure to justice. This brings with it problems with the law and damage to your reputation.
Institutions that help to collect debt from a person
This measure is appropriate both at the pre-trial and trial stages. The creditor can contact the following structures:
- Security Service. A package of documents about the debtor is transferred to the company's security service. This may be personal information, information about relatives, if the latter is specified in the contract. Service employees try to contact the person and put pressure on him within the framework of the law;
- Collection agencies. This is the most popular measure for getting money. The agency can only receive a portion of the amount owed. You can also sell the debtor's obligations to him. The intervention of collectors is very effective, because they themselves are interested in getting money.
The agency uses various psychological measures of pressure on the debtor. The range of his rights is quite limited, and therefore situations of violation of the law often occur in the process of pressure. The person who has the obligations, in this case, can file a lawsuit complaining about illegal actions; - Mediator service. Mediators are specialists who help resolve conflicts peacefully. They are responsible for finding a compromise between the two parties and conducting negotiations. Such services are becoming increasingly in demand. They are legal and beneficial for the creditor and debtor.
How to collect a debt? To do this, you can choose one of the listed measures, or combine them.
The creditor can turn to collectors in order to receive money after receiving the writ of execution. Since bailiffs do not always carry out their work efficiently, turning to the relevant structures will help speed up the process.
How to force a person to repay a debt? The lender has quite a few effective tools to get money. But to apply them, you must first familiarize yourself with the law:
- Firstly, these are the measures that are taken when funds are provided. The creditor can and must protect himself from the debtor’s dishonesty.
- Secondly, these are judicial and extrajudicial measures that allow the recovery of money issued earlier.
How to collect a debt? To do this, you can use the following levers of influence on the debtor:
You can repay the debt at the pre-trial and judicial stages.
You can learn more about how to repay a debt by legal means from this video:
How to collect a debt? The lender has a lot of leverage. Litigation is expensive in terms of time and money. Contacting debt collectors may result in their illegal actions, which will result in legal liability for the creditor. The best way out is to find a compromise with the debtor, since other methods have their drawbacks. At the negotiation stage, about 60% of debts are repaid. It's safe and really works.
If you lent money to your friend, but did not take a receipt and do not have witnesses, do not be upset.
Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:
APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.
It's fast and FOR FREE!
Indeed, in accordance with the legislation of 2019, there are some options for solving the problem in case of non-repayment of the debt. Let's look at how you can get your money back without breaking the law.
Have you ever been in a situation where your friends ask you to borrow money? And they couldn’t refuse, for fear of ruining the relationship with the person?
And they didn’t take any receipts when borrowing money from relatives and friends? Well, of course, it’s awkward to demand documentary evidence of a loan from “our own people.”
Have all the established deadlines for a refund passed, but you still haven’t seen the money? How can I pick them up now?
An oral agreement is dangerous because it remains oral. But is it really possible for no one to prove that the money was transferred? Or are there ways to return funds legally? Let's figure this out.
General points
Debt recovery is a sensitive situation. After all, it is necessary to act wisely and legally. And if the borrower firmly refuses to return the funds, then you need to figure out what rules apply in Russia on this issue.
Definitions
A loan is a type of obligation relationship. This is an agreement under which one party transfers ownership of a certain amount or product.
The other party must return the received amount or things in the same quantity and quality. It may also be a percentage.
A promissory note is a document under which a borrower receives funds from a lender. The receipt must be drawn up in accordance with legal requirements.
If you do not belong to the category of people who are ready to refuse a loan to their family and friends, then consider a few recommendations:
| If the amount your friend needs is very large | Recommend that he contact a banking institution to apply for a loan. There are also a number of professional companies that can lend funds (meaning the consumer credit union) |
| Give the amount that is not too big for you | And you can live without it. Don't borrow more than you are willing to lose. This way you can “hold out” until your salary if your money is not returned on time |
| Some people advise against lending money to a friend. | So as not to lose it later. But you shouldn’t turn away from the person either - try to solve his problem together. Together we can overcome many obstacles |
| Think carefully before lending money | If you decide to help a person, then document such transfer of funds |
Analyze the borrower's solvency. Find out:
- whether he is paid his salary stably (demanding a certificate in form 2-NDFL is not an option);
- what are the funds for?
- whether he had an unforeseen situation - complications after surgery, etc.
This information will tell you whether you are doing the right thing if you lend someone money, and whether you can hope to get it back.
Legal regulation
If a loan amount is given, which is equal to 10 minimum wages, then the transaction should be documented. This is stated in legislative acts.
Responsibility for the debt incurred by a spouse is borne by both spouses at the expense of common property assets ().
Loan and repayment situations are discussed in (, etc.). Possible penalties for non-return of money are discussed in Art. 395 Civil Code.
When contacting the police, you should rely on the provisions.
How to force repayment of a debt without a receipt and witnesses according to the law
If you took a receipt from the borrower, you are protected from unnecessary troubles. Remember these points:
If there is no receipt, then you should know the following information.
Why did this situation happen?
So, you were not returned the borrowed money in a timely manner. What should I do? First, assess the situation. Try to resolve the conflict yourself without involving a third party.
The reason why the person did not return the funds:
| The borrower does not have the money to repay the full amount | But he has the ability to pay in parts. In such a situation, make concessions and write down what schedule should be followed when paying off the debt |
| The debtor has an unexpected situation | And at the moment he has no way to return the funds. Document the deferment of payments. You can include a clause on some compensation |
| The man has money, but he refused to return the entire amount | There is such a way out - agree to a partial refund, try to find a compromise through negotiations. Pressure from you is unlikely to be the right solution |
| The person does not want to return the money at all | Then the options are: forgive the debt or go to court |
Borrower behavior tactics
If you did not take a receipt from the borrower, and there are no witnesses, then you will have to carefully look for evidence so that the court can make a decision in your favor.
If the fact of transfer of funds is not reflected on paper, then it will be difficult to prove your case. But there is a way out:
- file a police report;
- file a claim with a judicial authority;
- make up .
Such methods are legal and do not pose a threat to the life and health of borrowers.
The most cruel way to return funds is to turn to collectors who “knock” money out of anyone.
Such companies do not always operate within the law and can cause harm to human health.
If you see that a person really cannot return the borrowed funds, then prefer a peaceful solution to the issue.
Prepare a settlement agreement, reflecting the following nuances:
- return periods;
- amount;
- consequences if conditions are not met.
Ask the borrower to write a receipt stating that he undertakes to repay the money within a certain time frame. Such a document will have legal force if it is certified by a notary
Contacting the police
Extreme measures - contacting law enforcement agencies. Write () in which you describe your situation.
The application must indicate the date, place of transfer of funds, exact details of the debtors (passport details, date of birth, place of residence, etc.), the period during which the debt is not repaid, etc.
Within the time limits established by law, such an appeal is considered by a representative of the authorized body.
The borrower will be called in for questioning, after which they will determine how to proceed. If the person claims that he borrowed funds, then the case is referred to the court.
If he objects to receiving the money, then a criminal case will be initiated. Often, when the seriousness of the situation is explained, the person is willing to cooperate and return the money.
Drawing up a statement of claim
You can go to court even when it is not written. If the debtor does not want to return the funds at all, then file a claim.
The procedure for contacting the authorized body is as follows:
The authorized person will call the plaintiff and defendant to consider their positions and make a decision.
When going to court, they usually demand not only repayment of the debt, but also compensation for moral damage. Often, debtors, due to their unwillingness to pay compensation, are ready to return the borrowed amount.
At any time, a settlement agreement can be written reflecting the scheme for the return of funds in the presence of a third party. In this case, the process in court will be much simplified.
The availability of evidence and the behavior of the defendant will play a very important role in the decision.
If the borrower has a friendly attitude, but claims that it is impossible to repay the funds at this stage, then it is better to compromise and agree on a period for repaying the debt.
If there is no evidence and the person denies the crime, then the case is closed.
The legal process for refund issues is lengthy, grueling and complex. Therefore, it is better to take a receipt when borrowing a certain amount.
If you are denied a criminal case, then apply for such a decision. The decision of the prosecutor's office can be appealed several times.
Each time, submit an application to a higher authority. When the investigation is completed, the results will be submitted to the judicial authority.
You also have the right to file a claim for damages. The refusal decision does not need to be appealed. It is attached to the rest of the documentation.
If the amount of debt is less than 50 thousand rubles, then the magistrate at the borrower’s place of residence will resolve the issue. If you need to return a large amount, you should go to the district court.
How to write a claim?
We list what data to include in the statement of claim:
- name of the court;
- plaintiff's details;
- defendant's details;
- document's name;
- description of the situation;
- statement of requirements - repayment of debt, interest, state duties;
- calculations of the cost of the claim;
- list of applications;
- date, signature.
You can ask the court to request a copy of the document refusing to initiate criminal proceedings, data from the mobile operator.
The law limits the amount that can be collected without receipts - no more than 10 minimum wages. If the amount is greater, then prove the loans. Oral agreements are not suitable as an argument here.
When calculating the cost of a claim, the following are taken into account:
- principal amount;
- interest for late returns;
- interest on the use of funds (if you agreed on this with the defendant).
The formula is:
When filing a claim, you should not count on automatic litigation. The court has 5 days to:
- acceptance of the application for consideration;
- return of claim;
- refusal;
- in order to decide whether to leave the claim without progress.
Any action will be recorded in writing. When the court decides to satisfy your demands, it will be transferred to the bailiff department.
Video: what to do if you borrow money? How to collect a debt? Return of debts without receipt
Enforcement proceedings will be opened against the borrower. The bailiffs will find out the financial situation of the debtor and impose penalties.
If the case goes to court, a copy of each document is sent to the borrower (). This gives him the opportunity to prepare for the trial.
If you present illegally obtained evidence, it will be rejected by the court (), or become the basis for filing a counterclaim.
Both sides must prove they are right ().
Arbitrage practice
When determining how to return money without a receipt and witnesses, judicial practice should be taken into account first.
The process of returning funds is simple, if there is a receipt, there is evidence, witnesses. Otherwise, the chances of a positive outcome are not great.
It’s great if you find at least some facts that will prove you are right.
If not, and the borrower himself denies receiving the money, then legal proceedings will not be easy. Enlist the help of a lawyer so that you can prove to the judge that you borrowed funds.
What tricks can you use?
Attach any evidence you can find. It can be: