Collection claim: sample, template and example of filling

As you know, happiness is not in money, but who can live without it at the present time ... This is an object of civil law relations, without which the circulation of goods or services is impossible, since the times of exchange in kind have long sunk into oblivion. What to do if an unscrupulous person illegally withholds funds owed to you? Today we’ll talk about how to assert our rights and draw up a statement of claim for the recovery of funds.

Grounds for Debt Obligations

To begin with, it is necessary to determine the essence of the disputed legal relations, the reasons for their occurrence, and select the appropriate legal norms.

So, the main factors in the emergence of debt obligations are:

• non-fulfillment or improper fulfillment of the terms of the contract;
• causing property damage;
• unjust enrichment;
• harm to health or life (including moral);
• performance of family duties (alimony);
• violation of the requirements of a regulatory legal act.

A debt obligation is the power of one person (creditor) to demand the performance of any duties from another (debtor), usually associated with cash.

Specific types of obligations are regulated in some detail by the norms of the Civil Code of the Russian Federation.

So, the law prescribes that all of them must be performed properly in accordance with the conditions of the debt itself, the law, and if there are no such requirements, then by virtue of the business customs.

The refusal of one party to fulfill the obligation is not allowed. Usually, a time limit is also provided for when it is due. If it is absent, then the debt must be returned upon request or within 7 days after its announcement to the obligated person.

Types of recovery claims

If we rely on the previous gradation of circumstances in connection with which legal relations arise, we can identify the following categories:

• the first includes statements of claim for the collection of cash on receipt, forfeit, wages, credit payments, etc .;
• in the second, claims for reimbursement of expenses for the restoration of a car after an accident, insurance payments, etc .;
• in the third - protection of consumer rights, for example, returning money for outstanding work to the organization;
• in the fourth, the most common ones are reimbursement of expenses for treatment of road accidents, compensation for non-pecuniary damage, civil lawsuits in criminal cases, etc.
• the fifth is mainly represented by claims for alimony: for the maintenance of children, elderly parents, disabled spouses, etc.

Regression

Now consider a separate view with the so-called inverse claims.

The statement of claim for recourse recovery of funds can be found in any field of law. In fact, it represents the demand of a person who has already fulfilled an obligation to another, to the third - the culprit of what happened. Such claims are often found in cases of joint liability for loans (surety), in the field of accident (insurance - to the culprit of the accident), compensation for damage to the employee by the employer, etc.

Take a simple example. Employee A., while at work on a flight, made an accident with a passenger car belonging to B. Vina A. was established, administrative responsibility was assigned. Since he performed official duties, according to the provisions of the Civil Code of the Russian Federation, citizen B. recovered from the employer AOA LLC. The latter, in turn, having compensated B.’s damage by court order, turned to his employee A. with recourse, but recovered only within the limits of his average earnings in the Labor Code of the Russian Federation. Why exactly in such a size is already a separate topic of labor law.

The essence of the receipt

This document is a written confirmation of one person (debtor) to another (lender) about taking money in a loan, usually for a certain period. Interest for use in the receipt shall be indicated by agreement of the parties.

Mandatory details of this document are:

• Name of the obligated person, date and place of birth, passport details, address of residence, other contact information;
• Name of creditor;
• loan amount, including in words;
• return period (preferably);
• date;
• signature.

The full details of the eligible person are usually not indicated, since the original receipt remains with him. Upon the expiration of the term and the absence of loan repayment, he has the right to go to court with a statement of claim for the recovery of funds.

It should be noted that the receipt should be written in legible handwriting, printing on a computer is allowed.

If it does not contain the phrase “I undertake to return” or similar, as well as the deadline, then it shall not be considered valid.

In this case, the limitation period is 3 years from the date the debt repayment period ends.

According to judicial practice, every second case in a statement of claim for the recovery of funds under this document is resolved positively, but the percentage of execution of such acts barely reaches 20%. This is due to the fact that the debtor is hiding, he has no work, other sources of funds, or he is in prison.

Thus, if the loan amount is quite impressive or you don’t know much, also think about drawing up a pledge agreement of any valuable things that will remain with you until it returns the money.

Claim Structure

We got to the most important, practical part of the article. What does an example of a statement of claim for recovery of funds look like?

To begin with, we will determine its structural elements. The text of the claim should include:

• a hat (name of the court, name, phone numbers, addresses, other contact information about the plaintiff and defendant);
• price of claims (depends on the amounts collected);
• name of claim;
• a description of the circumstances of the case;
• reference to the rule of law;
• information on compliance with the claims procedure (if required by law);
• requirements in the petitioning part;
• applications (additional documents: contracts, checks, receipt of state duty, etc.);
• date and signature.

The form

Now, based on the previous section, we will try to submit a completed statement of claim for the recovery of funds.

This is exactly what the template for a claim for recovery of funds looks like. It can be modified by adding other facts, articles of legislation, requirements, applications, etc.

State duty

It is calculated from the price of the claim and is determined by the articles of the Tax Code of the Russian Federation.

For example, in a court of general jurisdiction with a claim of up to 20,000 rubles. state duty will be 4%, in any case, the payment should be at least 400 rubles. The arbitration has its own provisions of the Tax Code.

Further, the amount is proportionally increased. Currently, the state duty can be calculated on a special calculator, which is available on almost every court site.

This amount is not required to be paid in any case. So, if you have the privileges provided by law, then you do not need to attach a state duty receipt to the lawsuit. For example, in claims for the protection of consumer rights, for compensation for health damage caused by a crime, etc.

Presentation Procedure

If all attempts at peaceful settlement of the dispute were unsuccessful, then the time has come to apply to court.

In the event that the price of your claim is less than 50,000 rubles, it must be sent to a magistrate court. If it is more than this figure, then the case is subject to consideration by the district court.

When a dispute arises from economic relations (between organizations, individual entrepreneurs), the proceedings are conducted by arbitration courts.

For filing, you will need the statement of claim itself, signed and dated, copies of it according to the number of persons involved, a receipt of state duty, if there are no benefits, copies of application documents. Also take the originals with you, you may have to check them right in the feed process.

If you came to court without a lawsuit, then do not despair, practically in any of them there is a statement of claim for the recovery of funds, which you can take as a sample.

The issue of accepting the application is decided solely by the judge within 5 days, as a result of which a decision can be made to initiate proceedings, to refuse, to return the claim, to leave without movement.

Next, the trial begins, which is regulated by the relevant articles of the Code of Civil Procedure of the Russian Federation.

In conclusion, it should be noted that there are a great many lawsuits for recovering funds. All of them are diverse in both content and jurisdiction. They are united only by the general structure as a whole and the regulatory justification. Using any template for a statement of claim for the recovery of funds, do not forget about the individuality of each case, carefully check the literacy of the statement and links to articles of the law, otherwise they may be refused. If difficulties arise, it is best to seek the help of a professional lawyer.