Debt recovery from an individual. The claim for the recovery of debt. Debt collection on receipt
Currently, the credit system is actively developed in Russia. Loans and loans are available not only to organizations, but also to citizens. However, in an unstable economic situation, many people are in debt. In practice, not always the inability to repay a loan is a consequence of the deterioration of the financial situation. In the plans of some individuals, the repayment of obligations was not foreseen initially. There is another problem regarding loans. Some citizens borrow money on receipt, but due to certain circumstances they cannot return the funds.
Relevance of the issue
Debt collection is considered a serious financial problem today. Recently, it appears more and more often against the background of the unpredictability of the economic regime.At the same time, creditors often recognize the futility of any measures aimed at collecting debts. However, experts believe that this is fundamentally wrong position. Arrears of obligations cause significant damage to the creditor’s reputation and business relations, worsening his own financial position. According to analysts, even bad debts can be recovered. For this it is necessary to develop a set of effective measures.
Solutions to the problem
Debt collection under the contract can be carried out in several ways:
- The peaceful settlement of the dispute directly between the borrower and the lender.
- Concession of the right to demand fulfillment of obligations to third parties.
- Debt collection.
The latter, as a rule, implies a subsequent appeal to bailiffs to initiate enforcement proceedings. Debt collection on a receipt can be carried out by the same methods. But in this case more difficulties may arise. They are due to the fact that many borrowers consider the receipt to be unofficial paper, which has no legal force. However, this is a big misconception.Debt collection on receipt in some cases is carried out after contacting the collection agency. It should be said that some banks also use their services. As a rule, such a need arises in the case of declaring the debt hopeless, when the creditor has used all the methods available to him, and does not wish to go to court.
Debt collection from organizations is considered a more promising activity than the return of loans from citizens. The fact is that in the first case there is a fairly clear and effective practice. At the same time, the measures that can be used by the debt collection service of financial institutions are supported by legislation. The main differences between the procedures for individuals and enterprises are the need to provide evidence of their claims. The claim for recovery of debt from organizations is considered in arbitration. As for the issues of repayment of obligations of citizens, they are under the jurisdiction of the world instances and the organs of general jurisdiction. If legal entities and entrepreneurs act as defendants, failure to repay a loan can lead to bankruptcy. This procedure involves the liquidation of the company with the termination of all its obligations.The law on bankruptcy of citizens entered into force only in the current, 2015 year. Therefore, the practice in this matter is still extremely insufficient.
This solution is considered a mandatory step. Often, with a certain verbal impact on the borrower, he seeks funds and repays the loan. In this case, the debt collection service of the financial structure sends a notification to it. It lays down claims, specifies the amount of obligations, the requirement to return the funds within a certain (reasonable) period. In addition, the bank may offer to revise the terms of the loan repayment. It is advisable to send a similar kind of notification to the person who transferred the funds on a receipt. It can be handed over personally to the debtor or sent by registered mail. All actions must be recorded. This means that, when handed over personally, the debtor should sign for the fact that he received the notification. If he refuses to do this, then this fact must also be recorded. It is necessary so that in case of the need to file a claim for recovery of the debt, there is evidence of the person’s evasion from paying the obligations and the lender’s desire to settle the issue peacefully.
The lender may offer to discuss the current situation with the debtor. For this purpose, it is advisable to involve a competent lawyer in the negotiations. After the debtor has been properly notified of the situation, it is necessary to collect information on the availability of liquid assets, to check his solvency. The lender may offer to restructure the debt. In this case, you need to prepare an appropriate agreement, which will be spelled out the new terms of repayment of obligations.
These organizations may also in some cases be connected to a pre-trial settlement of the matter. It should be noted that, despite a number of restrictions in the legislation regarding the activities of these agencies, their work is often very effective. Debt collection in this case occurs faster than if the executive bodies were engaged in it. This is mainly due to the fact that the income of agencies is formed by the percentage of the repaid amount. However, experts recommend carefully weighing the decision. The activities of collectors may attract the attention of law enforcement.
Cession of rights
In Russia, there are companies that buy out debts, including problems. When appealing to such companies, an agreement is concluded under which the creditor assigns his right. This is a fairly convenient and easy way to get rid of the problem. At the same time, it is economically unprofitable. This is due to the fact that debt repurchase is carried out at a lower price than the size of the obligation itself. This option is usually used by those who urgently need money.
Claim for recovery of debt
This option is considered the most common and quite effective. Statement of debt collection must be supported by documents evidencing the occurrence of obligations, evasion from their repayment by the borrower. Subject to the requirements for the preparation of paper authorized body accepts the case for production. At satisfaction of the requirement of the creditor the writ of execution is issued. Collecting a debt on it is carried out by bailiffs. In addition, the law allows the lender to request enforcement of claims.This is expressed in the arrest of the property of the debtor, the prohibition on the commission of certain actions that may impede collection (for example, using a bank account).
Debt collection in this case is carried out by a simplified procedure. The order is issued solely by an authorized person. This means that the parties to the conflict are not invited to the court session. This order serves as an executive document. Consideration of the issue is carried out in a shorter, in comparison with the claim proceedings, time. The order comes into effect immediately and immediately subject to execution.
Terms of issue
The order of court procedure is used in cases regulated by law. Such an act can be obtained if:
- The lender’s claim is supported by a notarized agreement.
- The person evades the fulfillment of maintenance obligations (in the absence of problems with the definition of paternity).
- Debt wages, taxes, etc.
To obtain an order, a requirement is also drawn up in accordance with the provisions of the law.Its mandatory details and content are similar to the statement of claim.
After the adoption of the relevant court decision, the lender receives a writ of execution. With this document, he goes to the bailiffs. These employees have a number of powers within which they can use coercive measures against the defendant to collect the debt. As practice shows, the activities of bailiffs are very effective. However, in this case they cannot guarantee the speedy execution of the judicial act. In addition, there are a lot of cases of this kind, which significantly slows down the process.
If a person has information regarding bank accounts opened in the name of the debtor, then when applying to the relevant banking organization, he may request the debiting of funds of the obligated person. To realize this right, you should write the corresponding request, specify your details and attach a writ of execution.
The lender may have all sorts of problems. An effective recovery is often hampered by anger or irritation against the debtor.In some cases, the obligated person tries to arouse sympathy with the lender. Experts recommend not to succumb to emotions and to firmly stick to their position throughout the process.
- By sending a notification in the framework of a peaceful way of resolving a conflict, the creditor lists possible informational and legal actions. Some of them may be considered by the borrower to be non-hazardous. In this regard, you should pay attention to the compilation of this list, to determine in advance the probability of the occurrence of certain consequences based on your own capabilities and the law.
- In some cases, the debtor thinks that the amount of the obligation is insignificant for the creditor to go to court or to take certain serious actions. In this case, it is advisable to focus on the likelihood of prosecution.
- In some cases, the debtor tries to negotiate with the lender. He is willing to pay part of the amount, but tries to persuade the lender to make certain concessions regarding the obligations. This is due to the fact that with partial repayment of debt, some threats, in the opinion of the borrower, become irrelevant and less justified.However, experts recommend insisting on the fulfillment of all obligations without any concessions. In this case, the debtor’s attention should be paid to the fact that the actions indicated in the notification will be carried out if the loan is not fully repaid.