Debt is not always repaid by the borrower in a timely and voluntary manner. Often, creditors are forced to resort to a court of law, which, after considering the case, establishes a certain procedure for collecting debts. The order has the following contents.
- Communication of the lawyer with the debtor about his intentions regarding the return of the debt.
- Sending an official letter to the debtor demanding a return of the debt.
- Transfer of documents to the court in the absence of retaliatory action by the debtor.
- Filing a lawsuit within 1 month from the start of the delay in debt.
- The conduct of the trial and the appointment of a decision.
The applicant must submit to the court the following package of documents:
- statement on the model
- a passport with photocopies of all pages - genuine evidence that is the basis for the trial - a receipt on the payment of the state fee for the judicial process - if there is a lawyer, a document certified by a notary authorizing the lawyer to defend the interests of his principal in court
- debtor's refusal to pay in writing
- a certificate confirming the legal capacity of the psychic sanity of the debtor.
The lawsuit filed in court, at the first stage is studied and processed by a specialist. Further, it is assigned the time and date of the consideration of the case, after which an appropriate decision is made.
The court takes into account the interests of not only the plaintiff, but also the defendant, as well as the reasons for the delay in arrears. The decision is subject to dispute when the debtor lodges an appeal within 10 days. If there is a lawyer, the interests of the defendant may be considered by the collection and appeal instances. After passing the second instance, the court decision comes into force.
After this, the creditor is issued a writ of execution for debt collection. From that moment, debt begins to be collected. The chances of debt collection depend on the situations in which the debtor is located.
If the debtor cannot pay due to financial difficulties, or simply does not want to pay, the probability of debt repayment is high. It is more difficult in those cases when the debtor turns out to be a fraudster or even leaves the city and his whereabouts are unknown, then he’s simply hiding. There is also a pre-trial procedure for debt collection.
Having a qualified lawyer can resolve conflicts before the trial. It is important to negotiate correctly, justify the position of the borrower, and find alternative solutions to contentious issues related to payments. Maybe you need to make concessions and offer the borrower an installment plan for payments on favorable terms. In some cases, the chances of returning the debt increase significantly, and the debtor slowly begins to pay his debt. As methods of collection, negotiations between the parties, the behavior of claims work, mediation with the debtor, or debt collection on the basis of a settlement agreement are shared. Thus, following clear instructions and with an experienced lawyer, you can come to a concession that will suit both parties and the debt will be paid in full.