It’s a fairly common situation when relatives, friends, and colleagues ask for money. Due to the circumstances, there is no way to refuse. Being a prudent person, you draw up a receipt and give money.
But after a while, an understanding comes that nobody is going to repay the debt. Unanswered phone calls, no one opens the door ... Another attempt to talk about debt repayment does not lead to anything. From this moment, your headache begins.
How to return the money?There are two solutions. Or you, with a sense of self-satisfaction that helped a friend out in a difficult situation, forget about your duty and, having made certain conclusions, continue to live on. Or, with a statement of claim, go to the arbitration court.
So, if you have a written confirmation of the transfer of funds, then the return of money is greatly simplified, since the collection of debt by receipt is based on this document. But it is worth noting that if in such a transaction you limited yourself to an oral agreement, most likely you will not be able to return your money.
It is very good if the receipt is made in accordance with all the rules: the amount, the date of the transaction, the terms of return are indicated. But it doesn’t matter if something is written incorrectly. In this case, you will need to send a registered letter in the name of the debtor, which clearly indicates the collection of debt by receipt. It is from the moment of receipt of this requirement that the borrower has obligations to repay the debt.
Here are some simple rules for writing a document so that collection of debts on receipt does not become a big problem:
- The receipt is written by the borrower personally, focuses on the fact of receiving the money.
- The passport data of both the borrower and the lender are clearly indicated.
- Mandatory indication of the date of issue of funds.
- The loan amount in figures and words (and also in what currency it was issued).
- Percentage if there was an agreement.
- Refund Date
- Signature of the borrower.
If nevertheless they are not going to return the taken, then it is not worth delaying a lawsuit to recover a debt by receipt. You should be aware that the
limitation period, including in such cases, is no more than three years. And he begins to reckon from the moment when the money should have been returned.
Collection of debt by receipt includes the right to demand interest on the borrowed amount. If their size is not specified, it is determined at the place of residence of the lender according to the bank interest rate (refinancing rate). Interest must be paid for each month of using the money and before the day of repayment of the debt.
Collection of debt by receipt provides for the collection of interest from the debtor for the use of other people's finances. And they begin to be calculated 30 days after the lender's stated request for a refund.
Debt collection is far from a simple civil procedure, which has its own subtleties and nuances, so it is better to hand over such cases to experienced lawyers. They will help to competently draw up a lawsuit, answer all questions and provide support in the process.