In the event that the debtor is not going to return the money taken for a while, the creditor may apply to the judicial authorities. If the debt was formed as a result of relations that are inextricably linked with entrepreneurial activity, such cases will be considered in the arbitration court. It should be borne in mind that in this case, the developed statement of claim for debt collection is submitted to the court at the location of the debtor.
Of course, there are exceptions to which the fact can be attributed when the place of residence of the debtor is simply unknown. In this case, the lawsuit is filed at the location of any property. Note that a statement of claim for debt collection can be submitted at the place of execution of the agreement concluded between the parties.
Before filing a claim , some measures should be taken to recover the debt. For example, before applying to the court, the debtor should send a written claim for the recovery of the forfeit. In case of failure to conduct this procedure, the court has the right not to accept the filed claim for consideration. The claim must be drafted in such a way that its recipient clearly understands what is at stake. It should indicate which obligations the debtor must fulfill, which documents confirm the debt, explain the obligations in which a particular debt arose. In addition, the full amount of the debt should be prescribed, as well as other circumstances that will help resolve the case in pre-trial procedure.
How to make a claim for debt collection?
Immediately, we draw attention to the fact that all mandatory requirements by lawmakers have enshrined in
article 125 of the APC of the Russian Federation. If a person has little experience in
drawing up a statement of claim, the prerequisites for filling out should be met. At the beginning of the application, and more precisely in its heading, the name of the court and its address are indicated. The following is information about the plaintiff, his data and information about the defendant are indicated.
In case the legal entity is a party to the matter, it is necessary to pay attention to the correct indication of the legal address of the organization. If there are more than one respondents, the addresses of all should be indicated. You can also specify the coordinates of third parties - of course, if their presence is necessary. The statement of claim for debt collection must be written in several copies so that it is enough for all those present in the case. In the text of the lawsuit itself, all circumstances that confirm the position of the plaintiff should be phased out. There are no special requirements that govern the writing of the content of the text, however, the available information is still worth it, somehow structured. In this case, the judge will not have any additional questions.
If, for example, a statement of claim for debt collection under a loan agreement is not properly executed, the court secretary has the right to return it to the plaintiff to correct certain inaccuracies and deficiencies. It is for these reasons that you should take the advice of competent and experienced lawyers who can help draw up the right document.