Despite the fact that in our country the general level of cultural and moral values has increased significantly in recent years, many people often behave in bad faith and do not pay bills for their debt obligations. What to do with such people and how to punish them?
The main thing that you need to pay attention to when you lend money is the competent preparation of a debt receipt (contract). It is she who makes it possible to influence the attacker, since always requires some concrete evidence. It is worth noting that with a verbal agreement proving guilt will be very difficult, and sometimes almost impossible.
The most important document that can provide through the court, and which is the beginning of the trial, is a statement of claim. It indicates all the conditions under which the money was given, as well as other documents, including a debt receipt. It is worth noting that the assistance of the court is paid by the state duty, which is 4% of the amount of the claim (with the amount of up to 20,000 rubles). The statement of claim is made in duplicate. One of them gets along with the summons to the future defendant, and the second case is drawn up.
The first stage of the trial is a challenge by the judge of both parties for some explanations, which will later be used in the case, as well as for submission of additional evidence. It is at this stage that there is still the opportunity to peacefully resolve the conflict.
Next begins the second stage of the judicial debate - the initial hearing. The conflicting parties, the secretary, the judge are introduced first, and the lawsuit is announced. The floor is given to the plaintiff.
After the plaintiff has spoken, the word is passed to the defendant. The defendant may express both consent and disagreement with the claims. He also has the right to put forward certain evidence and facts in his favor.
The next step, the judge offers the parties the opportunity to address him with requests and petitions on the merits. Here you can demand additional facts, evidence, as well as the extension and adjournment of the case.
In the final stage, both parties once again take turns giving the floor where the plaintiff and defendant can once again concisely describe their current position regarding the lawsuit. When the monologues are over, the judge is removed for a decision. The judge decides on the outcome of the case individually in a special room where no one can interfere with him. First, a primary resolution is passed, it indicates whether the claim is satisfied, and if satisfied, in what part. Five days after this, a final court decision (reasoned) will be drawn up. Next, the decision is appealed.
The entire litigation process is a long and often difficult process. The plaintiff usually encounters some difficulties - this is paying considerable state fees, and paying for the services of an experienced lawyer, and collecting all the necessary documents. Before giving someone a loan, you need to carefully consider your decision.