Debt good turn deserves another. Surely absolutely everyone knows this proverb, but not everyone follows the covenants of folk wisdom. Malicious non-payment of debt is punishable by law and punishable by law. In modern judicial practice, there are many examples of
how the creditor is forced to repay the debt from an unscrupulous borrower in court.
The most common cases are when an individual who has taken a loan from a financial institution violates the terms of the contract and does not make timely monthly payments. Of course, there are different options, and not necessarily the borrower deliberately avoids paying debts. That is why there is a procedure for the peaceful settlement of the conflict with the bank - the pre-trial stage. The borrower can write a statement to the bank asking for debt restructuring. Even if a refusal follows, the debtor may submit a document in court in order to prove his desire to cooperate.
If, however, the parties have not come to a common opinion, the next stage begins -
judicial debt collection. It all starts with the fact that the lender makes a claim to the borrower. This claim includes the basis on which it is filed, the amount of debt collected, as well as interest on borrowed money. This paper must be sent to the debtor indicating the amount of time it is given to voluntarily pay off the debt. In court, it will only be necessary to present a receipt for sending by
registered letter in evidence that the borrower has been familiarized with the conditions. If no response was followed, the transition to the next stage is carried out - filing a
statement of claim with the judicial authorities. As a rule, the judicial recovery of debts is much simpler and faster than preparing for it.
When filing a claim, all related documents must be attached: a loan agreement, a claim to the defendant with a request for voluntary repayment of the debt, as well as indicate the amount of the amount collected and additional penalties. The fuller will be
list of documents, the faster the proceedings will be made.
Debt collection is not only a long and laborious, but also expensive process, because it will be necessary to hire lawyers whose services must also be well paid. The creditor may also attach a claim to the claim for reimbursement by the defendant of all legal costs, however, their amount should not exceed the amount of the debt.
After the final decision, requiring the borrower to pay the loan amount, the next stage of the process begins - debt collection by bailiffs.
It should also be remembered that money debt is currently the subject of sale, that is, the lender bank has the right to resell it to a collection agency, to which all the rights of the creditor will transfer.
So, it is worth remembering that judicial debt collection is a very long process, requiring material and emotional costs. Therefore, one should always give preference to the peaceful settlement of disputes, since it is available at any stage of the trial.