Everyone knows the situation when they have to borrow money to colleagues, friends or relatives. At the same time, a few people take a receipt from the debtor, the rest are guided by the fear of being ashamed of distrust of a loved one. But after that, when all the repayment deadlines are coming to an end, and the debtor is in no hurry, the absence of written loan agreements can interfere with the quiet sleep of the one who loaned his money. How to repay a debt if there is no receipt and is it possible in principle?
Is it worth it to do something?
In most cases, citizens who risk being left without money begin to behave fundamentally wrong, which only aggravate their situation. Some are eager to immediately contact the judicial authorities or the police department, others are trying to intimidate the debtor and return their strength.
Another way out is to take the situation for granted and mentally say goodbye to money. Woe-lenders are sure that even repaying a loan through a court order is not an easy task, not to mention the circumstances when the main proof of a loan is missing.
Any of these tactics are doomed to failure. However, it is still necessary to act, because even by order of the Supreme Court, personal money must be returned if it is not a gift. And although the one who gave the loan, waiting for difficult litigation, he still has a chance of success. Consider practical tips and tricks that will tell you how to make repay a debt without a receipt.
Step One - Peace Treaty
As a rule, they do not lend to unfamiliar people. The debtor is usually a relative or close friend. In this case, an attempt to resolve the situation peacefully will not be out of place. One should inquire about the motives for non-refund, once again discuss the conditions and terms. You can try this time to draw up a receipt or loan agreement.
The receipt of such a document changes the essence of the matter fundamentally, because there is already official evidence of the transfer of funds by one person to another, indicating dates, dates and amounts. Then the question of how to repay the debt without a receipt and witnesses disappears automatically.
If there is nobody to go to the world, the debtor is hiding or actively avoiding meetings and conversations, then it is necessary to proceed to the next step.
Step Two - Gather Evidence
Some citizens are sure that they know how to repay a debt if there is no receipt, but there are witnesses. According to them, you can contact the police with the aim of filing an application to initiate proceedings, and the testimonies of witnesses should be attached to the statement as evidence of the loan.
In fact, starting a lawsuit on the appropriation of personal funds by deception or abuse of trust is normal practice. But the testimony of witnesses in this case is not considered as evidence, and in 99% of cases the application will be rejected.
It is necessary to start collecting evidence of the fact of borrowing money. The main task is to record contact with the debtor using technical means or on paper. Any options are suitable - SMS, correspondence from social networks, recording conversations. It is important that in these contacts persons mention the loan, its terms and conditions, methods of repayment, etc. The more you can collect the "evidence", the more chances to return yours.
What is accepted as evidence
The court considers video and audio recordings in which facts of lending money are recorded. It is good if the debtor calls himself and his data in the record so that the authorities do not have doubts.
Printouts of detailing, SMS, screenshots of correspondence from social networks and email are suitable. If the correspondence is too long, then electronic media is allowed. All this must be certified by a notary, regardless of content. The notarial protocol involves a personal inspection by an office employee of the computer from which correspondence was made.
Attention should be paid to the method of transferring funds. Today, bank transfers through a mobile bank or other electronic payment system are increasingly being used. If possible, a printout should be made, where the amount and date of the transfer with the purpose of payment will be indicated.
In order to collect all the data, you will have to spend time and money. Here is what else the decision to lend money without a receipt may turn out to be. How to repay a debt when you have all the documents and printouts on hand? We pass to the third step.
Step Three - Contact ATS
Having collected all the evidence and facts, a citizen can go to the police to submit an application. Further, everything may turn out as follows. Option one - the application is accepted and initiated for subsequent transfer to the court. Option two is failure. If the police do not accept the statement , then it will be possible to find out about the fact of official refusal in office work within a day.
How to repay a debt if there is no receipt, and the ATS refused to accept the application? It turns out that even in the event of a refusal there is a chance of a return. Firstly, such a result can be disputed. Secondly, the law does not prohibit in this case the submission of an application for civil proceedings on the fact of default on debt. Then you should go immediately to court.
Step Four - Application to the Court
In order to go to court and file an application to initiate proceedings, you will have to pay a state fee. Its amount will not exceed 60 thousand rubles, but it can still be quite substantial. So, for example, for a debt of 50 thousand rubles, the state duty will be at least 1700 rubles.
Next, you need to fill out an application form and indicate all the documents that can be attached to the case (evidence collected). After this, you should wait for the decision of the judge.
Filing an application to the court itself does not guarantee that the proceedings will automatically start. Within 5 days, the judge will decide to institute proceedings or refuse. Also, the application can be returned or frozen. All this is accompanied by official written notices.
Certain points that the applicant will face will be too incomprehensible or difficult from a legal point of view. If the amount of debt is large and worth all the hardships, it is better to contact a qualified specialist. The services of a lawyer will be expensive, but there will be a guarantee of a positive result, because in general the law is on the side of the applicant.
The court is on the side of the applicant. What's next?
If the court accepted the case for consideration and decided on the need for redress, you can count on success. True, the debtor has the right to appeal the decision of the court. If he does not plan to do this, the case goes to the bailiffs, and they begin enforcement proceedings.
To prevent this process from stretching over the years, you should periodically pay visits to the bailiff service. Those, in turn, are obliged to collect data on the financial situation of the debtor and possible ways to return funds from him. So, the availability of real estate, valuable property, accounts and deposits will be checked. Bailiffs may prohibit travel abroad or seize debtor accounts.
How to repay a receipt
A receipt must be taken from an individual if the amount of the debt exceeds the minimum wage by 10 times. The document must contain personal data of both parties, the date of compilation, the amount of the debt in figures and words, the conditions and terms of its return. In the receipt, you can specify the conditions of penalties for failure to return on time and the total percentage for using other people's money. This is not a prerequisite, and it is rarely applied in practice, but is permitted by law and will be taken into account by the court. The receipt necessarily includes the signatures and transcripts of the signatures of both parties.
Suppose all the formalities were followed, and a citizen gave a loan against receipt. How to return the money if the conditions of the receipt were not met? You can go to court. You should not delay the process, as the document has an expiration date of 3 years from the date of the expected loan repayment.
Further, the same procedure occurs as for the recovery of debts without a receipt. With one difference - the collection of additional documents and evidence in this case is not required. The receipt must be provided in duplicate.
So, we figured out how to repay the debt if there is no receipt. This process is not easy, but the lender has a chance of success. The main condition is the availability of evidence and facts of the transfer of money in debt. The more evidence collected, the higher the probability of a refund.