The problem of debt recovery is one of the main problems in lending operations. Individuals and organizations borrow money and sometimes cannot or do not want to return it on time. How to get your money back with minimal financial, time and moral losses?
Instructions
Step 1
There are three stages in the debt recovery procedure - pre-trial, judicial and enforcement. Do not go to the trial stage without fully using the possibilities of the pre-trial one.
Step 2
Try to recover the debt through negotiations. Warn the debtor that if you go to court, he will have to pay legal costs and contractual penalties. If his property acts as collateral for a loan, when it is sold, he will lose a significant amount, since the sale of the collateral is usually carried out at low prices. Use other methods of persuasion, for example, asking relatives of the borrower to influence him.
Step 3
In the event that oral negotiations did not lead to success, send a written claim to the debtor - a certified letter demanding to return the debt. This will have a psychological effect on him and will play a positive role in the transition of the dispute to the judicial stage. In the message, state in detail all the obligations that the borrower must fulfill in accordance with the loan agreement.
Step 4
If the oral negotiations did not lead to success, send a certified letter to the debtor with a demand to return the debt - the so-called. written claim. In addition to the fact that such a letter will have a psychological effect on the debtor, it will play a positive role in the transition of the dispute to the judicial stage. In a written claim, state in detail all the obligations that the debtor must fulfill in accordance with the loan agreement.
Step 5
The debtor's ignorance of your requests and a written claim is a sufficient reason for the transfer of the dispute to the judicial stage. However, do not rush to file a claim in court. First, use a form of court proceeding such as a court order. According to it, you can apply to a judge (you can - to a magistrate) to collect a debt. On the basis of this document, the judge has the right to single-handedly, without collecting the court session, to issue a court order having the force of a writ of execution.
Step 6
If within ten days the debtor does not respond to the document sent to him, the latter is transferred to the bailiff for compulsory collection of the debt. If a request is received from the borrower to cancel the court order, the judge is obliged to grant his request, and the document will be revoked.
Step 7
In this case, file a claim in court - on your own or with the help of a lawyer. There is a certain form and procedure for filing a claim for debt recovery. You will be charged a state fee, which after the won case will be transferred to the debtor.
Step 8
From the moment the claim is filed, the judicial procedure will be carried out in accordance with the established norms and, if the case is successfully completed, it will end with the issuance of a writ of execution, which will be sent to the bailiff service.
Step 9
You can avoid directly participating in all debt recovery activities by entrusting them to a law office or collection firm. In both cases, you will have to pay for their services. So such an appeal makes sense only if we are talking about a significant amount of debt.
