Debt good turn deserves another. If you borrow money and want to be returned, take a written obligation from the person. Such a document is called a receipt.
Receipt - obligations of the parties in writing, which, if necessary, can be considered in court.
In order to guarantee one-hundred-percent collection of debts on receipt, you can assure it of a notary public. By law, this is not necessary, but a certified document is preferable for the court.
The receipt is compiled by the borrower by hand. To identify this person, his signature alone may not be enough, therefore it is better that the document contains the names, surnames and passport details of two independent witnesses of the fact of borrowing money. If you have to write a statement of claim for debt collection on receipt, these people will testify in court.
There is no standard for a receipt. But in this document, drawn up in any form, there must be full information about those who appear in it. Names, surnames, patronymics, addresses of actual residence and registration, passport data must be indicated. The amount of money must be written in numbers and letters. The document must indicate for how long the money has been borrowed and when it should return in full. The receipt also requires the date of its preparation, signature and their decoding.
The loan document may include interest rates and late interest fees.
Some citizens require the presence of guarantors from borrowers - people who, in case of problems, will be able to pay in their place.
If the recommendations set forth above are taken into account when preparing the receipt, it is hoped that in the event of a breach of debt obligations, a lawsuit filed to recover the debt will be considered and satisfied.
If the borrower does not return the money on time, you should verbally warn him several times that responsibility is provided for this (Articles 808 and 812 of the Civil Code of the Russian Federation). If after this the contract is still violated, it is better for the lender to draw up a written complaint and send it to the borrower with notification of receipt. This document should indicate that the debt repayment period has expired, and in accordance with Articles 395 and 809 of the Civil Code of the Russian Federation, interest is growing. It is worth writing in the claim that in case of refusal to resolve the case peacefully, a statement of claim for debt collection will be sent to the court. The claim is made in duplicate and, on the basis of the receipt, certified by a notary.
After the judge considers the claim for debt collection, the receipt and the claim, he can single-handedly decide on the return of money by the borrower. This is called a court order (Article 122 of the Code of Civil Procedure of the Russian Federation). This solution to the issue usually requires no more than five days.
When the bailiffs come to the borrower for money, he may disagree with the decision of the judge and appeal the order within ten days. In this case, the lender will again have to file a claim with the court to recover the debt. To take into account all the nuances of the law and correctly draw up this document, you should contact an experienced lawyer.