How to repay a debt through court

How to repay a debt through court

Return of a debt through court, as a rule, is a last resort. To the appeal to judicial instances it is necessary to use the best efforts for a solution of the problem of a non-return of a debt by negotiations. The person who is a debtor, has the right to ask to delay payment, to provide the mortgage property or other things which are of value as payment of a debt. If compensation does not suit you, and during negotiations there were unsoluble disagreements, appeal to court.

It is required to you

Debenture, credit agreement, attestations of eyewitnesses

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Instruction

1

Take care of collecting the necessary proofs testifying that the debt to you really exists. As proofs in court debentures, the credit agreement, the loan agreement, attestations of eyewitnesses of the conclusion of the oral loan agreement can be provided.

2

If the sum of a loan does not exceed ten minimum wages, you can conclude not only the written, but also oral loan agreement if the parties of the contract are natural persons.

3

Before borrowing means, in advance provide emergence of complications with return and ask the borrower to issue the debenture.

4

Pay attention to features of drawing up the debenture. In order that the receipt was accepted by court to consideration, it has to be written by the borrower with own hand. In it date and a place of drawing up, a surname, a name and the borrower's middle name, passport data, the registration address have to be specified. Also the amount of debt, date of return of the sum, the name of the creditor and the autographic signature of the borrower has to be put down. Possibility of a notarial certification of the receipt is not excluded.

5

At the considerable sum of a loan or in that case when as the borrower the legal entity acts, sign the credit agreement.

6

At an appeal to the court write the statement of claim. It is necessary to specify a subject of the address, a controversial issue and proofs in it. Enclose the receipt on payment of the state tax to the application.

7

After consideration of the claim the judge will pass the decision on reception of business to consideration or will return documents with the indication of the reason (usually mistakes which should be corrected before a repeated appeal to the court are the reason).

8

Wait for the end of consideration of your business. Usually consideration of similar questions does not take a lot of time. Considerably the bigger period of time will be required on execution of a positive judgment. The obligation for collection of debt is assigned to service of bailiffs. If in the allowed time the debtor does not liquidate a debt voluntary, bailiffs have the right to seize property of the debtor for his subsequent realization. Proceeds are allocated to you (creditor) on account of repayment of a debt.