If you lent money to your friend, but did not take a receipt and do not have witnesses, do not be upset.
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Indeed, in accordance with the legislation of 2019, there are some options for solving the problem in case of non-repayment of the debt. Let's look at how you can get your money back without breaking the law.
Have you ever been in a situation where your friends ask you to borrow money? And they couldn’t refuse, for fear of ruining the relationship with the person?
And they didn’t take any receipts when borrowing money from relatives and friends? Well, of course, it’s awkward to demand documentary evidence of a loan from “our own people.”
Have all the established deadlines for a refund passed, but you still haven’t seen the money? How can I pick them up now?
An oral agreement is dangerous because it remains oral. But is it really possible for no one to prove that the money was transferred? Or are there ways to return funds legally? Let's figure this out.
General points
Debt recovery is a sensitive situation. After all, it is necessary to act wisely and legally. And if the borrower firmly refuses to return the funds, then you need to figure out what rules apply in Russia on this issue.
Definitions
A loan is a type of obligation relationship. This is an agreement under which one party transfers ownership of a certain amount or product.
The other party must return the received amount or things in the same quantity and quality. It may also be a percentage.
A promissory note is a document under which a borrower receives funds from a lender. The receipt must be drawn up in accordance with legal requirements.
If you do not belong to the category of people who are ready to refuse a loan to their family and friends, then consider a few recommendations:
| If the amount your friend needs is very large | Recommend that he contact a banking institution to apply for a loan. There are also a number of professional companies that can lend funds (meaning the consumer credit union) |
| Give the amount that is not too big for you | And you can live without it. Don't borrow more than you are willing to lose. This way you can “hold out” until your salary if your money is not returned on time |
| Some people advise against lending money to a friend. | So as not to lose it later. But you shouldn’t turn away from the person either - try to solve his problem together. Together we can overcome many obstacles |
| Think carefully before lending money | If you decide to help a person, then document such transfer of funds |
Analyze the borrower's solvency. Find out:
- whether he is paid his salary stably (demanding a certificate in form 2-NDFL is not an option);
- what are the funds for?
- whether he had an unforeseen situation - complications after surgery, etc.
This information will tell you whether you are doing the right thing if you lend someone money, and whether you can hope to get it back.
Legal regulation
If a loan amount is given, which is equal to 10 minimum wages, then the transaction should be documented. This is stated in legislative acts.
Responsibility for the debt incurred by a spouse is borne by both spouses at the expense of common property assets ().
Loan and repayment situations are discussed in (, etc.). Possible penalties for non-return of money are discussed in Art. 395 Civil Code.
When contacting the police, you should rely on the provisions.
How to force repayment of a debt without a receipt and witnesses according to the law
If you took a receipt from the borrower, you are protected from unnecessary troubles. Remember these points:
If there is no receipt, then you should know the following information.
Why did this situation happen?
So, you were not returned the borrowed money in a timely manner. What should I do? First, assess the situation. Try to resolve the conflict yourself without involving a third party.
The reason why the person did not return the funds:
| The borrower does not have the money to repay the full amount | But he has the ability to pay in parts. In such a situation, make concessions and write down what schedule should be followed when paying off the debt |
| The debtor has an unexpected situation | And at the moment he has no way to return the funds. Document the deferment of payments. You can include a clause on some compensation |
| The man has money, but he refused to return the entire amount | There is such a way out - agree to a partial refund, try to find a compromise through negotiations. Pressure from you is unlikely to be the right solution |
| The person does not want to return the money at all | Then the options are: forgive the debt or go to court |
Borrower behavior tactics
If you did not take a receipt from the borrower, and there are no witnesses, then you will have to carefully look for evidence so that the court can make a decision in your favor.
If the fact of transfer of funds is not reflected on paper, then it will be difficult to prove your case. But there is a way out:
- file a police report;
- file a claim with a judicial authority;
- make up .
Such methods are legal and do not pose a threat to the life and health of borrowers.
The most cruel way to return funds is to turn to collectors who “knock” money out of anyone.
Such companies do not always operate within the law and can cause harm to human health.
If you see that a person really cannot return the borrowed funds, then prefer a peaceful solution to the issue.
Prepare a settlement agreement, reflecting the following nuances:
- return periods;
- amount;
- consequences if conditions are not met.
Ask the borrower to write a receipt stating that he undertakes to repay the money within a certain time frame. Such a document will have legal force if it is certified by a notary
Contacting the police
Extreme measures - contacting law enforcement agencies. Write () in which you describe your situation.
The application must indicate the date, place of transfer of funds, exact details of the debtors (passport details, date of birth, place of residence, etc.), the period during which the debt is not repaid, etc.
Within the time limits established by law, such an appeal is considered by a representative of the authorized body.
The borrower will be called in for questioning, after which they will determine how to proceed. If the person claims that he borrowed funds, then the case is referred to the court.
If he objects to receiving the money, then a criminal case will be initiated. Often, when the seriousness of the situation is explained, the person is willing to cooperate and return the money.
Drawing up a statement of claim
You can go to court even when it is not written. If the debtor does not want to return the funds at all, then file a claim.
The procedure for contacting the authorized body is as follows:
The authorized person will call the plaintiff and defendant to consider their positions and make a decision.
When going to court, they usually demand not only repayment of the debt, but also compensation for moral damage. Often, debtors, due to their unwillingness to pay compensation, are ready to return the borrowed amount.
At any time, a settlement agreement can be written reflecting the scheme for the return of funds in the presence of a third party. In this case, the process in court will be much simplified.
The availability of evidence and the behavior of the defendant will play a very important role in the decision.
If the borrower has a friendly attitude, but claims that it is impossible to repay the funds at this stage, then it is better to compromise and agree on a period for repaying the debt.
If there is no evidence and the person denies the crime, then the case is closed.
The legal process for refund issues is lengthy, grueling and complex. Therefore, it is better to take a receipt when borrowing a certain amount.
If you are denied a criminal case, then apply for such a decision. The decision of the prosecutor's office can be appealed several times.
Each time, submit an application to a higher authority. When the investigation is completed, the results will be submitted to the judicial authority.
You also have the right to file a claim for damages. The refusal decision does not need to be appealed. It is attached to the rest of the documentation.
If the amount of debt is less than 50 thousand rubles, then the magistrate at the borrower’s place of residence will resolve the issue. If you need to return a large amount, you should go to the district court.
How to write a claim?
We list what data to include in the statement of claim:
- name of the court;
- plaintiff's details;
- defendant's details;
- document's name;
- description of the situation;
- statement of requirements - repayment of debt, interest, state duties;
- calculations of the cost of the claim;
- list of applications;
- date, signature.
You can ask the court to request a copy of the document refusing to initiate criminal proceedings, data from the mobile operator.
The law limits the amount that can be collected without receipts - no more than 10 minimum wages. If the amount is greater, then prove the loans. Oral agreements are not suitable as an argument here.
When calculating the cost of a claim, the following are taken into account:
- principal amount;
- interest for late returns;
- interest on the use of funds (if you agreed on this with the defendant).
The formula is:
When filing a claim, you should not count on automatic litigation. The court has 5 days to:
- acceptance of the application for consideration;
- return of claim;
- refusal;
- in order to decide whether to leave the claim without progress.
Any action will be recorded in writing. When the court decides to satisfy your demands, it will be transferred to the bailiff department.
Video: what to do if you borrow money? How to collect a debt? Return of debts without receipt
Enforcement proceedings will be opened against the borrower. The bailiffs will find out the financial situation of the debtor and impose penalties.
If the case goes to court, a copy of each document is sent to the borrower (). This gives him the opportunity to prepare for the trial.
If you present illegally obtained evidence, it will be rejected by the court (), or become the basis for filing a counterclaim.
Both sides must prove they are right ().
Arbitrage practice
When determining how to return money without a receipt and witnesses, judicial practice should be taken into account first.
The process of returning funds is simple, if there is a receipt, there is evidence, witnesses. Otherwise, the chances of a positive outcome are not great.
It’s great if you find at least some facts that will prove you are right.
If not, and the borrower himself denies receiving the money, then legal proceedings will not be easy. Enlist the help of a lawyer so that you can prove to the judge that you borrowed funds.
What tricks can you use?
Attach any evidence you can find. It can be:
Borrowing money always involves the risk that it will be difficult to pay it back. Even if a certain amount is lent to relatives or good friends, there is always a possibility that it will not be returned to you or will be returned with a delay. In order to be able to recover the funds issued, experts advise always documenting the fact of transfer of money with an agreement and. If they are not there, repaying the debt can be problematic.
Arsenals of diplomacy
If the debt is not repaid, and there is no agreement, then the first thing to do is try to negotiate. If the transfer of money actually took place, then it will be difficult for the debtor to deny it. Most likely, he will ask for a delay. If this situation is repeated more than once, then it makes sense to create audio and video evidence, since it often happens that the debtor subsequently completely denies that he took the money. And if you have evidence to the contrary, you can use it to “remind” him of the debts, and in the event of further delays, you will have the opportunity to go to court.
When talking with a malicious debtor, you can have a voice recorder in your pocket. If the conversation takes place over the phone, then you need to enable conversation recording - just make sure first that your device has such a function.
It would be good if the transfer of money took place in front of witnesses. Then it will be more difficult for the debtor to deny that he took the money. But the court does not always take into account the testimony of witnesses if there is no other evidence.
To obtain written evidence of a debt, you can send a letter to the borrower demanding repayment of the debt. If he writes a response, this will be excellent confirmation that the loan took place.
At the negotiation stage, it is important to get the other party to admit that there was a debt and to obtain significant evidence. Having collected them, you can contact the debtor again and threaten to go to court and law enforcement agencies if he does not pay what is due in the near future. If this has no effect, or if the debtor begins to deny the fact of transferring money, then there is no need to hesitate or be afraid, you need to immediately contact the authorities.
Contacting the police
The first step is to write a statement to the police about the fact of fraud. Since you do not have a receipt or loan agreement in your hands, you will have to prove that the transfer of money took place in other ways. This is where the collected evidence comes in handy:
- Dictaphone recordings or recordings of telephone conversations.
- Letters or SMS in which the defendant promises to repay debts.
- Video evidence, if, for example, the transfer of money took place in a public place where there is a video surveillance camera (if there is no access to the recordings, you can simply indicate in the application that they can be found in this place).
- Testimony of witnesses.
The application should indicate:
- Your data.
- Debtor details. If you have his passport details, his residence or work address is known, his phone number or email address is known - all this information must be indicated. It will be easier for operatives to find the debtor and take him to the police department for a conversation with the investigator.
- The time and place of transfer of money and the moment the debt arose.
- The amount of funds transferred and the amount of accrued penalties.
- Reasons why the debtor does not return the money.
- The number of attempts to contact the borrower and their consequences.
The application must be submitted to the duty station in the prescribed form. You only need to have your passport and written evidence with you. Then you should wait for the investigator to be called, and explain to him in detail all the circumstances of the case.
After talking with you, the investigator will call the debtor, talk with him and, if he persists in his denial of taking the money, he will send the case to court.
Going to court
You can go to court directly, without waiting for similar actions by the investigator. You can bring a claim against the borrower immediately, without contacting the police, but then you need to be ready to prepare all the evidence yourself. You may even have to hire an experienced lawyer to handle the process.
If there is no receipt or agreement, then you will have to prove the transfer of money in other ways. All collected evidence must be summarized and attached to the claim.
You should apply for debt collection to an arbitration court. In addition to the claim itself and the collected evidence, the applicant will need his passport, as well as a receipt of the state duty paid.
It should be noted that the amounts of state fees collected when going to court to collect a debt are significant:
- 4% of the value of the claim, minimum – 2000 rubles, if the value of the claim is less than 100,000 rubles.
- 4,000 rubles and 3% of the amount that exceeds 100,000 rubles, if the value of the claim is in the range from 100,001 to 200,000 rubles.
- 7,000 and 2% of the amount that exceeds 100,000 rubles, if the value of the claim is in the range from 200,001 to 1,000,000 rubles.
- 23,000 rubles and 1% of the amount that exceeds 1,000,000 rubles, if the value of the claim is in the range from 1,000,001 to 2,000,000 rubles.
- 33,000 rubles and 0.5% of the amount that exceeds 2,000,000 rubles, if the value of the claim is more than 2,000,000 rubles.
But you shouldn’t be afraid of large numbers, since you can oblige the debtor to pay a state fee. You can draw up a statement in such a way as to oblige the defendant:
- Repay.
- Pay penalties.
- Compensation for legal costs is precisely the amount of state fees.
You can attach a petition to the application requesting to defer the payment of the fee until the actual consideration of the case. In this case, the state fee will be paid by the losing party.
When submitting an application you must indicate:
- The most complete information about the defendant: where he lives, where he works, marital status, what is his approximate income, and so on. Be sure to include his contact information.
- Describe in detail all the circumstances that led to the debt.
- Evidence of the transfer of money and attempts to collect the debt from the defendant, his reaction to these attempts.
- Calculation of losses incurred due to non-repayment of debt, including lost profits.
- Amount of legal costs.
In debt collection cases, the main thing is the defendant’s agreement or disagreement to return the amount. If he agrees, the court can close the case by offering the parties a settlement agreement. It's up to you whether to agree to it or not.
If the defendant completely refuses to pay, but it has been proven in court that there is a debt, then the court will oblige him to pay all the money with interest and due compensation.
If the court orders the defendant to pay the debt, then you need to be careful. As a rule, the debt is collected by bailiffs, and they collect money from the official income of the payer. And if, for example, his income is insignificant (for example, he receives the minimum wage), then the amount of payments will be insignificant. Therefore, you need to insist in court on immediate and full payment of the debt.
In general, debt recovery through the police or court, if there are no witnesses and receipts, is possible. But only if there is other evidence, or if the other party acknowledges the existence of a debt. Usually everything is returned at the negotiation stage, when the creditor threatens to go to court. But if the debtor still refuses to pay, then there is no need to hesitate to contact the court and law enforcement agencies. After the first summons, debtors become much more accommodating.
Lending money between citizens who have family or friendly ties is a common phenomenon. Therefore, few people spend time drawing up documents confirming the fact of transfer of funds.
When problems arise, people begin to wonder how to repay the debt without a receipt or witnesses. From a legal perspective, the matter can be complex.
Before providing a cash loan, citizens should familiarize themselves with the provisions of Articles 161, 808-812 of the Civil Code of the Russian Federation. In accordance with these provisions, each fact of transfer of money between people with the obligation of subsequent repayment is considered a loan agreement. The transaction can be concluded orally. The parties are the lender and the borrower, the subject is the transfer of money.
Transactions for which the amount of obligations exceeds 10 minimum wages must be drawn up in writing. For example, if citizens transfer money in Moscow, then they are required to draw up a loan agreement in the amount of 187,420 rubles (the minimum wage in the capital is 18,742 rubles).
Refund methods
The problem arises when previously reached agreements are not respected. The lender should start by conducting peaceful negotiations. It is necessary to establish the reason for violation of the terms of the transaction. Perhaps a person wants to return the funds, but due to temporary financial difficulties he cannot do this on time.
If the borrower agrees to such conditions, the parties draw up a schedule in writing and adhere to it in the future. Otherwise, you can request, where the debtor will indicate the amount and period of repayment.
It is always more profitable for the lender to provide an installment plan than to extract the debt from the debtor without a receipt.
You should not act through threats, violence, or take possession of the borrower’s property in order to force him to pay. People who extract debt from a person in this way become accused in criminal cases. Regardless of whether a loan agreement was previously concluded with the victim.Transfer of debt to collectors
Collection organizations operating within the legal framework are unlikely to engage in such matters. It will not be possible to collect the debt by force, since there are no documents. It is even impossible to formalize the transfer of the right to claim funds. If a citizen wants to collect a debt and turns to the appropriate organization, then he himself can become a defendant in a criminal case of extortion.
Only in some cases do collection companies agree to collect a debt from a citizen if he does not repay the money voluntarily. Specialists will be interested in a case that concerns several hundred thousand rubles. Employees of the organization influence the borrower through calls, mail notifications, and personal meetings. Many begin to contact colleagues and friends of the debtor with a request to assist in the return of funds.
All conversations are conducted on record. Specialists will ask how to collect the debt, in what time frame the citizen is ready to repay the obligations. The debtor will almost certainly acknowledge the fact of concluding a loan agreement, but will ask for a deferment, citing life circumstances. Subsequently, such recordings can be used as evidence in court.
Statement to the police
Some people who cannot collect a debt from a debtor contact the police with a statement regarding fraudulent activities. The application is considered in the general manner, the prospective borrower is interviewed to establish the purpose of receiving funds and the procedure for their return.
It will be considered fraud if it is established that money was obtained through deception. Some citizens indicate that the debtor intended to use the money received in a certain way, but acted differently. For example, a person claimed that he needed expensive treatment, but he himself bought a car.
Creditors expect to extract money previously transferred from the debtor by threatening criminal prosecution. But the investigator will refuse to initiate a case based on the described application. The case clearly shows signs of a civil transaction.
If the borrower is questioned, this may help collect the debt in a court of general jurisdiction. Surely the citizen will not deny the existence of unfulfilled obligations to the lender, but will point to an oral loan agreement.
How to prove the fact of debt
In court, it will be important for a citizen to establish the very fact of transfer of money. Repaying a debt without a receipt is complicated by the fact that citizens rarely have material evidence confirming the existence of a contractual relationship. Legal entities communicate by sending correspondence, but ordinary people negotiate by telephone or in person.
If a citizen makes voice recordings of conversations or conducts video recording, then he must indicate when and under what circumstances the information is recorded. The recording should not be interrupted, otherwise the court will have doubts about its reliability.
Before collecting the debt, the creditor writes messages to the counterparty to the transaction. For example, he clarifies when he is going to transfer the money. Or asks how you can get a debt. If the addressee does not deny the existence of a debt and asks for a deferred payment, then in the future this circumstance can be referred to as recognition of the conclusion of an agreement.
The lender may refer to witness testimony. Perhaps citizens witnessed a discussion between the debtor and the creditor regarding the timing of the return of money or interest for their use. This information can be used in court to confirm that a transaction was completed.
It is important to remember that the evidence in question is applicable only if the amount of debt does not exceed 10 minimum wages. This provision is established in Articles 808 and 161 of the Civil Code of the Russian Federation.Statement of claim
The following information should be provided in your application to the court:
- name and address of the court;
- Full name, address of the defendant;
- FULL NAME. and the place of residence of the applicant;
- amount of claims;
- description of the time, place and circumstances of concluding the loan agreement;
- the amount of the transferred amount, the interest condition;
- return period and procedure;
- links to evidence confirming the conclusion of the loan agreement
- references to articles 807, 810, 811 of the Civil Code of the Russian Federation, 131 and 132 of the Civil Procedure Code of the Russian Federation;
- demand to collect the amount of debt, interest for the use of money;
- signature, surname and initials of the applicant.
A receipt for payment of the state fee must be attached to the application. The amount is set depending on the amount of recovery on the basis of Article 333.19 of the Tax Code of the Russian Federation.
Most citizens who do not have much experience in litigation, when asked by the judge, provide information about the fact of the conclusion of the transaction.
The defendant may choose a passive model of behavior. For example, to claim that the possibility of a loan was previously discussed with the applicant, but it did not come to the transfer of money. What to do in such a situation? If there are no witnesses to the implementation of the agreement, there is no receipt or other evidence, then the court will refuse to satisfy the claim.
If a person thinks in advance how he will repay the debt without a receipt, then the idea of drawing up the necessary documents will come by itself. A paper with information about the parties, the date of preparation and the amount of the debt will greatly simplify the return of money in the future.
What are the features of recovering debts from individuals without receipts and witnesses? Is it possible to repay a debt without going to court? Where can I order debt collection services without a receipt?
A good friend comes to you and tearfully asks you to lend him some money to urgently repay a loan, for medicine for a second cousin, or for a trip to a sanatorium for his beloved wife, who needs to immediately improve her health.
You feel sympathy for your friend and lend him money without even taking a receipt. Why formalities - after all, this is your friend! Moreover, he asks for money literally for 1-2 months. You wait patiently, but 2, 3, 4 months, six months pass, and you still don’t see your money.
Surely a similar story has happened, if not to you, then to someone you know. In such a situation, many give up. Friendship is friendship, but you want to get your money back, because you don’t have too much of it.
Is it possible to repay a debt if there is no documentary evidence of the transaction - a receipt? And if so, how to do it? I, Anna Medvedeva, an expert at the online magazine HeaterBeaver, will answer these questions in this article.
At the end of the article you will find an overview of situations where, unfortunately, it is impossible to get your money back. Read carefully and do not make such mistakes.
1. Features of debt repayment without a receipt
Let’s say right away that this process is difficult and does not at all guarantee a successful outcome for you. After all, we are talking about actions within the law, and the law needs evidence. Things that are obvious to you are not obvious to the court - it requires factual confirmation.
How to repay a debt without a receipt? The algorithm of actions is basically similar to the scheme when you have evidence in your hands.
But at the same time, two factors increase significantly:
- attendant difficulties and troubles;
- the likelihood of an unsuccessful outcome for the creditor.
We will pay special attention to the situation when funds were not transferred in cash, but were transferred to a bank card or bank account .
In this case, you need to send a claim to the borrower demanding the return of funds that were transferred erroneously. This is called unjust enrichment.
Important!
The claim must be written within 10 days.
If the debtor does not return the money, you go to court with this claim, but you are writing a statement of claim not to collect the debt, but to return the amount of unjust enrichment. In this case, it will be unrealistic to prove the fact of the loan, but it will be possible to prove an erroneous transfer.
At the request of the court, the borrower will have to provide the basis for receiving the funds and, naturally, will not be able to do this. Then the court will rule in your favor.
How to proceed when borrowing cash will be discussed in the next section.
2. Methods of repaying a debt without a receipt - 4 main methods
Even in such a seemingly hopeless situation, there are also some loopholes.
Let's see what ways you can try to recover debts from individuals without a receipt.
Method 1. Solving the problem peacefully
Most often, a person is not given a receipt not because of an oversight, but because of trust. Usually money is given on parole to close friends or relatives. Therefore, during negotiations, the working button will be conscience.
What can you agree on with the debtor if he does not repay the debt due to financial difficulties:
- postpone the payment deadline;
- offer payment in installments;
- agree to the so-called barter, when in exchange for a debt the borrower gives you some property or provides any services.
Example
Vasily is an individual entrepreneur who runs a building materials store and a team for repairing and finishing apartments. He borrowed money from his close friend Sergei to develop his business.
But the next wave of crisis in the country sharply reduced the store’s turnover and, accordingly, Vasily’s income. Now he cannot not only repay the debt on time, but even name the date of the expected payment.
The business barely pays off, the friendship comes to an end. However, being civilized people and old friends, Vasily and Sergei found a compromise.
They agreed that for the amount that Vasily borrowed from Sergei, he would do part of the repairs in a friend’s apartment, providing materials from his store and finishing craftsmen.
Method 4. Attracting collectors
To delegate debt collection to a third party (collection agency), one indispensable condition is necessary - the fact of the debt must be confirmed by the court. Therefore, this method is possible only after the completion of the trial.
In addition, collection agencies charge considerable interest rates for their services - up to 50. Not everyone will agree to this.
Let's summarize the data in a table:
№ A way to repay a debt without a receipt Probability of success 1 Resolving the issue peacefully, pre-trially Low, often very low 2 Initiation of a criminal case for fraud Low, has 2 possible outcomes, most often ends in refusal 3 Court Quite high if there is at least some evidence 4 Collectors services Ambiguous, because even if the case is successfully completed, you will not receive the entire amount of the debt, most often only half 3. How to repay a debt without a receipt - step-by-step instructions
Now let’s consider in practice how to repay a debt without a receipt or witnesses.
It is noteworthy that the development of the process depends on what position the debtor takes.
Step 1. Contact the borrower
Even if you have communicated with the debtor several times before, do so again to clarify his intentions. If you can’t resolve the matter peacefully, take active steps.
The first of these will be a formal claim against the borrower. Send E1 by registered mail so that you have receipt of receipt. This notice will be very useful in court.
Step 2. We collect the necessary evidence of the fact of transfer of money
Try to get a receipt from the debtor even when the agreed period for repayment of the debt has passed. If this fails, collect other evidence.
These may be:
- audio and video recordings of conversations with the debtor, where we are talking about the return of borrowed money;
- files with conversations via email, social networks, SMS or other communication systems.
It would be great if there were witnesses to the transaction. Agree with them about their participation in the case and trial.
We suggest watching an entertaining video about how people use their imagination to obtain evidence of a debt.
Step 3. Contact the police and file a report of fraud
The application includes:
- debtor data;
- time and place of transfer of money to the debtor;
- the period that has passed since the date of the promised repayment of the debt;
- description of all circumstances.
At the end of the application, state a request for verification for the crime.
These measures are sometimes enough for the debtor to change his position. He will be called in for questioning to identify signs of a crime. This procedure is unpleasant, and also threatens the initiation of a criminal case.
If the debtor has nerves of steel and similar measures do not affect him, the criminal trial will be denied. But the debtor may indirectly admit his guilt.
Example
Ivan Smirnov wrote a similar statement against his neighbor Anatoly Kuznetsov, who some time ago borrowed money from him without a receipt, and subsequently refused to return it.
Kuznetsov was summoned for questioning, where he made a mistake. He began to claim that he did not steal the money, but only borrowed it and did not refuse to return it.
This indirect confession, like all other testimony, was entered into the interrogation record. Now a copy of the protocol will be one of the main pieces of evidence in court.
Step 4. We receive a certificate of refusal to open criminal proceedings
So, the criminal case for fraud did not take place. This means that a lawsuit needs to be started. Along with the certificate of refusal to initiate a criminal case, take a copy of the protocol to the police department.
After this, you can file a claim for debt repayment through the court.
Step 5. Draw up an application to the court
Draw up the debt collection application correctly so that you don’t have to rewrite it in the future.
A well-written document contains:
- data of the borrower and lender;
- amount of debt with interest;
- circumstances of the case;
- a description of the measures you took to repay the debt;
- list of attached evidence;
- date of writing the application and signature.
In parallel with filing a claim for debt collection, we advise you to draw up a petition to seize the borrower’s property.
Step 6. Provide materials on the case
All evidence that you managed to obtain is attached to the statement of claim. We have already listed them. Do not forget to attach to the package a certificate of refusal to initiate criminal proceedings and a copy of the protocol.
It’s good if you have additional indirect arguments.
For example:
- information from witnesses to the transaction;
- information that on the day you indicate as the date of the loan, the debtor acquired any property.
In addition, you will need to pay the state fee, and the payment receipt will also be attached to the claim.
Step 7. We wait for the decision of the trial and get our money
Be prepared for the fact that the return of the borrowed money through the court will take a long time. It is possible that more than one court hearing will be scheduled.
If the court makes a decision to forcibly collect the debt, then a new stage will begin - enforcement proceedings. The work of the bailiffs is already here.
What to do if the court finds that the evidence provided is insufficient? In this case, there is another option - appealing the court decision to a higher authority.
In the publication “”, read other details of this process.
4. Professional assistance in repaying debt without a receipt - review of the TOP 3 service companies
As you can see, the absence of a receipt and other evidence confirming the fact of the debt complicates the process of returning the money and significantly reduces the chances of success.
But there are also professional companies that know how to repay debts without a receipt and will be happy to help you.
1) Lawyer
A unique and only portal in its field, operating throughout Russia. This resource has brought together more than 16 thousand specialists from different areas of law to answer any queries regarding legal practice.
Go to the website in the consultation section and leave your question. Before waiting 15 minutes for a response, search the archives and study recommendations for similar cases. If a free general consultation does not satisfy your needs, leave an individual request on a paid basis.
For convenience and time saving, the site developers have provided a mobile application. Installed on your phone, it will instantly notify you of received messages and allow you to receive online consultation in any conditions - on the road, while walking or in the hairdresser's chair.
The site has already been appreciated by many organizations and ordinary citizens who find themselves in difficult situations. But the main thing is not to avoid problems, but to be able to solve them. And here you will certainly find a lawyer who will help you with this.
2) Law company "Lord"
The company provides a wide range of services for individuals. They will help you collect your debt by any legal means, undertake pre-trial conflict resolution, and carry out bankruptcy proceedings. Consumer protection, migration, inheritance and housing law and much more.
Almost any legal assistance at a high professional level is provided to each client in accordance with the contract. You will be protected even from illegal actions of debt collectors.
Call or write, and the best lawyers from Lord will not keep you waiting.
3) Group of companies “Result +”
Here you will be offered several options for solving your problem for free. A professional team of experienced legal practitioners has been dealing with any legal issues and the most complicated situations for more than 10 years.
The company cooperates with government and commercial structures. On the site you will find reviews from many satisfied customers, including well-known and reputable organizations.
High-level specialists will help not only win the lawsuit, but also actually get the borrowed funds from the debtor.
5. In what cases it will not be possible to repay the debt - 3 situations in which the debt is considered bad
No matter what professional qualities and experience your lawyer has, he is also not omnipotent.
The law provides for cases when it is not possible to collect a debt from a debtor. Even if you have a receipt, confession or other evidence in hand.
Let's list these situations.
Situation 1. The statute of limitations has expired
You have 3 years to initiate debt collection proceedings. Agree, this time is enough even for the most sluggish.
If for some reason you have not done this, no lawyer will help you. Forget about the money you once lent and start earning money for others.
Situation 2. The debtor does not have the financial ability to repay the debt
Yes, if your borrower has no savings or income, his debts are written off. The same applies to cases when the debtor does not have property or it is not enough to pay off the debts after the sale.
01.06.2016
Entrepreneurship in our country is recognized as independent, proactive, systematic, at one’s own risk, economic activity carried out by business entities (entrepreneurs) with the aim of achieving economic and social results and making a profit (Article 42 of the Arbitration Code of January 16, 2003, No. 436 -IV (hereinafter - GC)).Without exception, all business entities form their partnerships and stable corporate legal relations by concluding business agreements. At the same time, the most popular electronic document management and reporting system, which organizes all work in this direction, is VLSI++. According to the provisions of Part 1 of Art. 509 of the Civil Code of January 16, 2003 No. 435-IV (hereinafter referred to as the Civil Code), an obligation is a legal relationship in which one party (debtor) is obliged to perform a certain action in favor of the other party (creditor) (transfer property, perform work, provide service, pay money, etc.) or refrain from a certain action, and the creditor has the right to demand that the debtor fulfill his obligation. Part 1 art. 193 of the Civil Code provides that business entities and other participants in economic relations must fulfill economic obligations properly in accordance with the law, other legal acts, contracts, and in the absence of specific requirements for fulfilling obligations - in accordance with the requirements that are usually set in certain conditions. Unilateral refusal to fulfill an obligation is not allowed (Article 525 of the Civil Code).
Causes and prerequisites for the occurrence of debt.
In an unstable economic situation, in order to preserve business and avoid a crisis, companies make concessions to their business partners by providing discounts, premiums, bonuses and deferred payment for goods, work, and services. In turn, abusing the trust of counterparties, guided by the desire to make a profit, some enterprises deliberately do not fulfill their contractual obligations, which leads to the formation of receivables as a common phenomenon. This situation gives rise to unforeseen losses for a bona fide business entity, the appearance of accounts payable to other counterparties, and the inability to fulfill the obligation to pay taxes and fees. Sometimes this even becomes a prerequisite for declaring the entity bankrupt.
Judicial practice shows that it is quite rare to collect a debt out of court, because the debtor, as a rule, refuses to acknowledge the existence of a debt, ultimately forcing the creditor to go to court in order to protect his violated rights. At the stage of preparing the case materials for filing with the court, the creditor may encounter a situation where there seems to be an indisputable debt of the debtor to the creditor under contractual relations, but practically nothing is confirmed. As a result, it may be controversial due to the lack of adequate and admissible evidence. This situation may arise due to the lack of proper knowledge and experience among employees (both debtor and creditor), or a careless attitude towards the preparation of primary documents on business transactions.
Measures to ensure the formation of an evidence base in the business process.
The key point in the process of proving the existence of accounts payable is the court’s establishment of the fact of fulfillment of an obligation by one party (the creditor) and the evasion of the other party (the debtor) from the proper fulfillment of its obligations. In accordance with the provisions of Art. 4-3 of the Economic Procedural Code of November 6, 1991 No. 1798-XII (hereinafter referred to as the CPC), legal proceedings in economic courts are carried out on an adversarial basis. The parties and other persons participating in the case justify their claims and objections with evidence presented to the court. According to paragraph 2 of the Resolution of the Plenum of the Supreme Court dated December 26, 2011 No. 18 “On some issues of practice in the application of the Arbitration Procedural Code by courts of first instance” it is stipulated that, according to Part 2 of Art. 43 COD and Art. 33 of the Code of Civil Procedure, each party must prove the circumstances to which it refers as the basis for its claims and objections. Therefore, on the basis of his claims, the creditor must provide evidence in his favor regarding the indisputability of the stated claims.
According to Art. 36 of the Code of Criminal Procedure, written evidence is documents and materials containing information about circumstances relevant for the correct resolution of the dispute. The current procedural legislation does not contain an exhaustive list of evidence, the presence of which unquestioningly confirmed or refuted the debt between counterparties. Domestic judicial practice is formed in such a way that evidence of the debtor’s debt can be a properly executed contract, an act of completed work (services rendered), a payment order, an invoice, a bill of lading, an act of acceptance/transfer, an act of reconciliation of mutual settlements, and the like.
As a rule, in the process the debtor denies the existence of the debt and does not admit the claims in whole or in part, even if the debt is documented. A counter question arises: how to act when the debt of the debtor to the creditor under business contracts actually exists, but is not legally documented? Considering the complexity of the situation and not any of its relevance, we propose to consider real mechanisms for the formation of an effective evidence base in the business process, which will provide the creditor with evidence of the debtor’s debt for goods received but not paid for, work accepted and services provided.
According to Art. 181 of the Civil Code, a business agreement, as a general rule, is stated in the form of a single document signed by the parties and sealed. It is allowed to conclude business agreements in a simplified way, that is, by exchanging letters, faxograms, telegrams, telephone messages, sent applications, etc., as well as by confirming acceptance of orders for execution, unless the law establishes special requirements for the form and procedure for concluding this type of agreement . In the event that the fact of economic obligations between business entities is not fixed in writing by agreement, in this case, applications, telegrams, letters, etc. can serve as evidence of the existence of contractual relations.
A typical situation is when a physical agreement between counterparties is formed, but is not taken into account by the court due to the lack of signatures of authorized persons of the parties, the absence of a seal impression if required by the terms of the agreement, the lack of notarization of such an agreement, and the like. Nowadays, the current form of concluding a contract in a simplified form is to fill out an application for work. The Economic Court in its decision dated February 25, 2014 in case No. 910 / 25545/13 on the claim of LLC “Joint Venture “Terpak Trans LLC” Alois Cargo” for debt collection recognized that, on the basis of Art. 3 of the Civil Code, which enshrines freedom of contract, the parties have the right to both regulate their relations in a contract that are not regulated by these acts, and to deviate from the provisions of acts of civil legislation and regulate their relations at their own discretion. The court noted that as a result of the conclusion of application agreements between the parties in accordance with Art. 11 of the Civil Code, civil rights and obligations arose. The provision of services is certified by acts in accordance with the requirements of Art. 9 of the Law “On Accounting and Financial Reporting” as a primary document reflecting the business transaction of the parties to legal relations. The court also accepted the invoices as appropriate and admissible evidence of the plaintiff’s transportation. From the above it follows that applications for work / services are confirmation of the existence of economic legal relations between the parties similar to a contract.
There are cases when, in order to evade fulfillment of their duties and minimize the evidence base confirming the existence of a debt, some debtors deliberately, abusing their rights, do not return properly executed copies of documents to their creditors. However, this is not an obstacle for a bona fide creditor to protect his right, as stated in the decision of the Economic Court dated December 17, 2015. In case No. 906 / 670/15 on the claim of Aurora 2011 LLC in the ALC ZhL for the recovery of 87,000, 00, where the court determined that the very fact of the defendant’s failure to return the signed certificates of services provided does not indicate the plaintiff’s failure to provide contractual services. A similar position can be found in the review letter of the Supreme Economic Court “On the practice of resolving disputes related to the execution of construction contracts (based on materials of cases considered in cassation by the Supreme Economic Court) No. 01-06 / 374/2013 dated 02/18/2013, which states that the customer’s refusal to sign the certificate of work performed under the contract, in the absence of timely comments on the work performed, does not relieve the customer from the obligation to pay for them. A similar legal position is reflected in the decision of the Economic Court of November 24, 2015 in case No. 910 / 26706/15 on the claim of Vichitrans LLC against Personnel Alliance LLC for the recovery of UAH 29,535.00.
Let's consider the case when there are no documents between the creditor and the debtor that unconditionally confirm the fulfillment by the creditor of its obligations to the debtor, but are confirmed due to the presence of documents with third parties who were additionally involved in performing the work. This situation is typical for the transport forwarding industry, where, under a transport forwarding agreement, one party (the forwarder) undertakes, for a fee and at the expense of the other party (the client), to perform or organize the performance of services specified in the forwarding agreement related to the transportation of goods (Part 1 of Article 316 GK). According to Art. 9 of the Law “On Freight Forwarding Activities” dated July 1, 2004 No. 1955-IV, transportation of goods is accompanied by shipping documents drawn up in the language of international communication depending on the chosen type of transport or in the state language if goods are transported on our territory countries. The fact that the forwarder's services are provided during transportation is confirmed by a single transport document or a set of documents (railway, road, air waybills, bills of lading, etc.), which reflect the route of the cargo from its point of departure to its destination. Note that the above-mentioned acts with third parties on business obligations are duly executed and is indisputable evidence of the creditor’s fulfillment of his obligation to the debtor. In the event that the parties did not properly draw up invoices as a result of mutual negligence or as a result of the intent of one of the parties, this will not have a decisive influence on the case. After all, the Regional Economic Court, in its decision dated September 22, 2015, in case No. 906/671/15 on the claim of Transfer Group LLC against ZhL LLC for the recovery of UAH 251,700.00, noted that the defendant’s failure to sign the invoices was not speaks of failure to comply with the terms of the contract by the plaintiff.
Taking into account the above, in order to form an evidence base that could additionally testify in favor of the creditor that the debtor has a debt, or when the debtor refuses or avoids providing the court with documents for inspection, there may be a certificate issued by the State Fiscal Service. Clause 44.1 art. 44 of the Tax Code determines that for tax purposes, taxpayers are required to keep records of income, expenses and other indicators related to the determination of objects of taxation and / or tax obligations, on the basis of primary documents, accounting registers, financial statements, and other documents related to the calculation and payment of taxes and fees, the maintenance of which is provided for by law. Taxpayers are prohibited from generating tax reporting indicators and customs declarations based on data not supported by documents, which are defined in paragraph. 1 of this paragraph.
Taking into account the above, we invite the interested party to send a request requesting information on confirmation by tax returns of business transactions involving the provision of work / services by the creditor in favor of the debtor, as well as information on whether at the time of the request there are disagreements between the tax obligations of the creditor and the reflected tax credit of the debtor , according to tax invoices, for services provided / work performed based on data from the System for Automated Comparison of Tax Liabilities and Tax Credits by Counterparty at the State Tax Inspectorate level to the State Tax Inspectorate of the Main Directorate of the State Fiscal Service at the place of registration. Please note that a positive practice for recognizing existing debt on the basis of the specified certificate included in the case materials already exists, which is confirmed by the decision of the court of appeal dated 09/02/2013. In case No. 5011-73 / 17840-2012 on the claim of Ovruch Myaso LLC to Metro Cash and Carry LLC for debt collection.
It is advisable to note that a common case is when the debtor avoids receiving a written demand, claim, ignores the creditor's postal directions, refuses to receive letters from the courier, at the post office, and the like. We can find a way out of the above situation in paragraph 3 of the Review Letter of the Supreme Economic Court dated April 29, 2013 No. 01-06 / 767/2013 “On some issues of the practice of application by economic courts of legislation on liability for violation of monetary obligations,” which states , that the debtor’s evasion from receiving a letter from a communications enterprise containing a demand for the fulfillment of a monetary obligation (refusal to accept it, failure to appear at the specified enterprise after receiving notification of the receipt of a registered or valuable letter) also does not give grounds to consider the demand not presented.
It is worth noting that also worthy of attention as evidence for determining the debt between the parties is an act of reconciliation of mutual settlements, which must be properly executed and contain all the essential conditions that can clearly indicate and confirm the fact of business transactions between the counterparties, including: the name of the parties , the presence of a link to the number and date of the contract, specified acts of work performed (services rendered), cost of work, last name, first name, patronymic, position of the persons who drew up these acts, indicating their signatures and seal.
Research result
Having considered the cases that an enterprise may encounter in the process of collecting receivables, we have presented a set of procedural mechanisms that will be useful in the process of collecting debt in court. A generalization of the practical results obtained shows that in the process of economic relations, close attention should be paid to the legally competent execution of documents: indication of the parties with the full content of the details, deadlines for fulfilling the obligation and the procedure for settlements, the scope of responsibility of the parties. Experience shows that it is precisely correctly drawn up paper relations between the parties that will provide a bona fide counterparty with a reliable tool for protecting and restoring their violated rights.
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