“Give the money back!”: how to legally repay the debt?
Debts have the power to turn loved ones into enemies. Having borrowed money, at first you feel satisfaction – say, you did the right thing, noble. Then, when the time came to pay, and “there is no money, but they are just about to come”, there is a slight anxiety – like, what if he does not pay? But you go into the situation anyway, and wait, wait, wait. Then the debtor has some problems with his hearing: he can’t hear the calls, and his cell phone is constantly broken or out of coverage.
When you start demanding money persistently, you find out the truth about yourself – that you are not a good person, and the money is not that much for you, and if anything, no one owes anyone anything at all! That’s how it is.
You are naturally full of aggression and bile, ready to “torture and kill. But emotion aside. We tell you how to make the debtor return the money without a soldering iron and bouncers!
You need bailiffs!
The first thing you need to know is that you need the FSB. Bailiffs are the only ones who can legally, with the tools of pressure, carry out monetary recovery. They can seize the debtor’s accounts, seize his apartment and car, and ban him from travelling abroad. And if he has a legal source of income, such as a salary, they will foreclose on it too. Slowly but surely you will get your money. Don’t waste your time and money on debt collectors – their authority is limited, and their effectiveness is low. It is better to go to the bailiffs.
But here’s the trouble. You can not come to them and say, “Fass!” for this you need a reason, and his name – the executive document. Having received it, the bailiffs will open enforcement proceedings, and will bring down on the debtor a whole suitcase of coercive measures. Here he will not turn away. However, this very executive document must first be obtained. And here the order of your actions will depend on how to formalize the transfer of money. Let’s look at common situations.
How to return a debt on a receipt?
A receipt is a good thing. It is, according to paragraph 2. Art. 808 OF THE CIVIL CODEIt is a confirmation of the loan agreement and certifies the fact of transmission of a certain amount of money to the debtor. The main thing is that it should be compiled according to all the rules and canons – it should contain the passport data of the parties, the terms of the loan, the amount, as well as the debtor’s obligation to return the money. If something is missing, the debtor may well use this in court in his favor. But that’s not the point for now.
Let’s imagine that there is nothing wrong with your receipt. What do you do with it? Go to court! Return the debt in court in the presence of a receipt can be in two ways, depending on the amount of the loan:
- If it is more than 500 thousand rubles. – in the action procedure;
- if it is less than 500 thousand rubles. – in the way of an injunction.
The action procedure
In other words, you must file an application to the District Court at the debtor’s place of residence. MUST do so before the expiry of 3 years from the date of delay in arrears (Art. 196 CIVIL CODE), and otherwise make an impermissible gift to the debtor. Below – the form of a claim for the return of the debt on the receipt.
Enclose a receipt, a receipt for the payment of State duty, 2 more copies of the claim and other documents in support of their claims, if any, and then – file a claim in court. in 5 days of the judge will consider the application and take it to production (Art. 133 OF THE CIVIL PROCEDURAL CODE). If something is wrong, the claim will be left without movement, and you will be offered to eliminate the shortcomings.
Then a date will be set for the first hearing, and the trial will begin. Technically, it should not last longer than 2 months (Art. 154 CODE OF CIVIL PROCEDURE). But because of the numerous postponements and suspensions, the case may drag on.
If the debtor does not appear in court – no problem, the judge will propose to make an absentee decision. The disadvantage is that it can easily be cancelled within 7 days after the receipt of a copy (Art. 237 CPC). Like, I did not receive a summons – please cancel it. And everything will start all over again.
Win in the district court – the debtor can appeal. Win and there – you will receive a writ of execution, the decision of appeal comes into force on the day of delivery (.Art. 335 CPC). The debtor can continue to complain, but you do not care – you with a writ of execution go to the bailiffs and tell them “fas”.
What problems may arise?
You will have problems with how to repay the debt if the receipt is not properly drafted. For example:
- If the receipt does not reflect the fact and date the money was transferred . In this case, the debtor may refer to the fact that in fact he received from the lender a much smaller amount than stated in the receipt. Or he didn’t get it at all and on that ground to apply for the recognition of the receipt as a bad one. On this basis the promissory note should be considered as uncollectible, according to the art. 812 OF THE CIVIL CODE. Strange as it may seem, he has a high chance of winning. Decision of the Takhtamukaisky District Court of the Republic of Adygea in case No. 2-1922/2017 from 24.10.2017.
- If the receipt does not indicate that the money received is a loan, and the debtor must return it . The money, say, can be transferred, for business development, and the lender did not actually borrow anything, but simply invested the money without compensation. And the receipt, it is such, for its own accountability. Example – The decision of the Motovilikha court of Perm in case No. 2-3663/2018 from 09.11.2018.
And in addition, the debtor can not go to meetings, in every way delay the process, and in the meantime – to withdraw his property “under attack”, rewriting it to his children and wife. To prevent this from happening, together with the claim, claim the adoption of measures to secure the claim (Art. 140 CPC).
The writs order
The registered procedure means that you need to apply to the justice of the peace at the place of residence of the debtor with an application for a court order. You can find the concrete judge here. We remind, this way is actual for debts less than 500 thousand rubles. A sample application can be found below.
Here, everything is even simpler. True, only at first glance. We tell you how to return the money borrowed through a court order.
Make a statement, attach to it a receipt and other documents and send it to the court. No court proceedings and meetings – the order is issued within 5 days from the date of filing (Art.Art. THE ORDER IS ISSUED WITHIN 5 DAYS FROM THE MOMENT OF THE PETITION ( ARTICLE 126 OF THE CODE OF CIVIL PROCEDURE).).
True, at once it is not issued to the claimant – first it is sent to the debtor. From the moment of its receipt the debtor has 10 days for the cancellation of the court order. Any grounds for that are not necessary – he simply writes and submits an application to the court, where he states that he “does not agree with the debt”. And that’s all, on this basis, the order will be canceled, and the claimant will be advised to go to court with the claim (Art. 129 CODE OF CIVIL PROCEDURE). In the manner described above.
And only if the application for cancellation is not received, the order is issued to the claimant, and he can send it to the bailiffs.
There is quite a logical question: why not then immediately submit an application in the order of the lawsuit, without wasting time on the order? But it’s not that simple. The fact is that for all claims for which a court order may be issued, the initial order of the court is mandatory. If you bypass the court-ordered procedure, the judge will refuse the claim and return it without consideration (p. 1 Resolution of the Plenum of the Supreme Court of the Russian Federation № 62 of 27.12.2016). This, for example, was the case in Yakutia (Determination of Yakutsk city court № 9-1418/2016 from 07.06.2016).
Therefore, to claim for recovery of less than 500 thousand rubles in a lawsuit, it is possible, but only if the judges will refuse to issue a court order.
How to return the debt without a receipt?
If there’s no receipt, then go ahead and get it. The easiest thing in this situation to understand and forgive the scoundrel, because any other way is the additional costs, it’s nerves, it’s sleepless nights. There is a positive experience in it, because you will never lend money without a receipt. If at all you will ever lend anyone anything.
Difficulties do not stop you, but the desire for justice wakes up the beast? Well, without a receipt you have those options:
- Taki get a receipt . If the debtor has not “gone into denial”, to get a receipt is real. The main thing is not to push, gently ask to write a receipt “for his own comfort. Like, you are still in the position of the debtor and are willing to wait. As a motivation you can even extend the term of the loan, say, for 1 month. Or refer to his wife / mother / mother-in-law, who threatened not to let you home at night, if you come again without a receipt.
- You can sue without a receipt. Yes, the case is trash, but chances are if you gather other evidence of the transfer of money in debt, such as bank statements, SMS correspondence, correspondence in messengers or by e-mail, recording conversations, etc. If you don’t have such correspondence, try to create one – write to the debtor and get him to talk about the debt. Then notarize the correspondence and go to court. Let you be inspired by the experience of a resident of Karachaevo-Cherkessia, who was able to return 130 thousand rubles of debt, referring to correspondence in WhatsApp (Decision of Karachayevsky District Court of the KCR in case No. 2-131/2018 from 28.04.2018).
- To file a report to the police about fraud . Not a good way, since liability for this is only possible if the debtor intended to “cheat” the lender immediately upon receipt of the money. However, it can work – scared of a police subpoena, your debtor can quickly find the right amount and close the issue.
As you can see, any way to enforce the debt is difficult and thorny. Even if you have a receipt, it simplifies the process of collecting, but does not guarantee a positive result. Especially if it is drawn up with mistakes. Therefore, about the possible forced collection should take care in advance, and the best option is to conclude a loan agreement and certify it notarially. If it will be violated, you can recover the money without going to court – on the basis of a notarial writ of execution..
How to force the person to return the debt?
Let’s look at a painful question for many people: how to make a person return a debt? If a person owes money and does not pay it back – it is a rather difficult situation, and not only from a financial point of view, but also from a psychological one. But in most cases it is solvable, but it will require some effort.
I hope this article will be interesting, considering that I will be giving a personal example of a debt repayment claim, which I managed to achieve, though after a full 8 months. But I think that considering the fact that I have been dealing with this issue only from time to time, “in the mood”, this is actually a good result. So, first things first.
My regular readers already know that I always teach everyone not to lend money at all. Because by doing so you:
- will not help the other person (so he will never learn to manage his personal finances wisely), but only harm him by creating a problem (debts need to be paid back);
- harm yourself (you will have less money left for your own needs, and if the funds are free, you won’t make any money from it, which you could have done by depositing it in a bank)
- create a problem for yourself (most people who lend money, as statistics show, give it back not in time, with great difficulty, if not at all)
- ruin your relationship with the person (whoever he or she is, the probability of this outcome is very high).
I myself, of course, also always adhere to this rule, and never lend money. However, an atypical situation occurred recently, and I will describe it briefly.
Last December I made a verbal deal with a man who is engaged in the manufacture of certain products. The essence of the deal is as follows: I give him a sum of money, and he makes me the desired product in 2 months, deducts the cost of materials from this amount and gives the rest. My benefit – I get the product for the price of materials. His benefit – he gets the money he urgently needs (there were very real reasons, I was convinced of them), and uses them for a couple of months. The loaned amount was roughly equal to twice the cost of materials. And half of that, which the craftsman agreed to pay me after 2 months, was a completely reasonable fee for using that money (comparable to what an MFI loan would cost). Besides, I had done business with this craftsman before, and he fulfilled his obligations, though not on time. Therefore, I agreed to such a deal. The amount transferred was not critical for me, and I would not have felt sorry to lose it, it would not have had any significant impact on my finances (otherwise I would not have agreed). The agreement was verbal, there was no witnesses to the money transfer, and we did not sign any receipts.
And so, the agreed period of time has passed, and the man has not fulfilled his obligations. Moreover, he has not even begun to buy materials, he has not progressed in any way. He did not deny the presence of debt, he just referred to the poor financial situation and constantly “gave me the runaround. After a while I realized that there was a bad debt and I had to act to pay it back. I told the person that he didn’t have to do anything and that he should just pay me the money back. But of course this did not happen. I could not say that my debtor was an outright crook: according to my observations he was just an illiterate person, unable to find opportunities to earn money and unable to prioritize his low income (it was more important to feed his family than to pay me back – that was his way of thinking).
So, how do you make a person pay back a debt without a receipt? By the way, having a receipt would hardly make any difference in my case. Below I will be listing various ways of influencing the debtor as they become stricter, so to speak, including those that I have tried myself, with comments from personal experience in this situation.
Tip 1 . Make it clear to the debtor that you will have to pay back the debt anyway. That you will not leave it so, and will seek justice in every possible way, that with you this option will not pass. Maybe he just counts on the fact that at some point you will be ashamed to remind him constantly, and it will all be forgotten. No, it won’t! You do not have to be afraid to ruin your relationship with the man, because he is not afraid to ruin it by not giving back. Or maybe he is just a financial manipulator for you, and all he needs from you is similar loans. So think about it, is it even worth maintaining a relationship with such a person?
When I realized that this man would not just give me the money, I started pushing him. Knowing that I would never be able to ask for his services again. That is, I did not just ask to return the debt, but demanded, in a tough but polite manner.
If you see that there is no effect from simple conversations, you need to “feel like a debt collector”, and start acting like one. After all, as you know, the work of debt collectors very often allows you to repay the debt even when the creditor cannot do so.
You do not have to “reinvent the wheel” – debt collectors have already proven that they know how to make people pay back debts, so just take advantage of their experience.
However, I emphasize: you need to act carefully and within the law, so as not to get yourself even more serious problems. That is, borrow from debt collectors their best methods of collecting debts, filter out the blatantly illegal ones and act. All of these methods reduce to putting psychological pressure on the debtor: he must begin to worry, be nervous, worry, be afraid, so that at some point he could not overpower his fear and return the money.
Tip 2 . Call and write to the debtor as often as possible. You need to make sure that he does not forget for a second that he owes you money. Remember that your calls, messages, letters should not contain threats (that is a criminal offense), because there is a high probability that the debtor will record/save them and use them against you in the future. Even if the debtor will not answer the phone and read your messages, send them anyway: the fact that you call and send them will constantly remind him about the debt and irritate him, make him nervous. In conversations, insist on specifics: figures, dates, deadlines. In addition, it is desirable to write down all conversations – in the future it may come in handy.
In my situation, I did not call the debtor too often, only periodically. In many cases he did not pick up, and then sometimes answered me via SMS. And it was very helpful, because it confirmed the fact of the debt and the agreement with it.
Tip 3. Send the debtor by mail an official written demand to return the debt with return receipt. Refer to your agreement/signature/any other facts and demand to fulfill the obligation. You can mention that if you don’t do so you reserve the right to sue or complain to the police. Official documents are always psychologically more effective than unofficial chitchat.
I did not use this advice in my situation, because I simply did not know where the debtor lived. I didn’t even know his last name. I only knew his place of work, where he rendered his services on someone else’s premises.
Tip 4 . Make visits to the debtor’s home/workplace. Come and remind about the debt in front of relatives, colleagues, acquaintances. So that as many people as possible know about it – it may also be useful in the future. And psychologically the debtor will be very embarrassed in front of them, which can motivate him to repay the debt.
In my case, several times (after a person didn’t respond to calls) I went to my debtor’s place of work (he worked in the basement of the store), asked to call him, spoke to him in front of the vendors and other employees, and when he wasn’t there, I asked the vendors to tell him that Konstantin came, he owed money to. All the employees soon knew about the debt, and could confirm it if necessary.
Tip 5 . Use authoritative people to put pressure on the debtor. For example, his relatives, friends, boss. Try to make contacts and calmly explain the situation with a request to influence the negligent debtor in his own interests, so that there are no worse consequences: a police report, a trial, selling the debt to collectors, etc. You can find close friends and relatives, for example, through social networks.
After some time, seeing that the previous actions do not give results, I decided to talk to the owner of the store where my debtor worked. I found out his name and his hours from the salesmen, so I was able to see and talk to him. He listened to me in a very friendly way, promised to talk to my debtor, but he refused to influence him in any way. The conversation took place, but it did not bring any significant results. However, after a while the debtor finally returned a small part of the debt (about 1/10). This was already the first small victory! (At that time 4 months had passed since the debt had not been paid).
I was also able to talk to the debtor’s wife once. And according to all the “collection rules” – around midnight. After the debtor didn’t get in touch for a long time, at some point I started calling him at night, made a few empty calls, and then his wife answered the phone. I explained the situation to her, at first she was frightened, but then she took the position “do not scare me, solve your own cases, I have nothing to do. She refused to give her number and refused to meet me. She promised to talk to her husband about it in the morning and call him back. However, I didn’t get a call, and there was no result.
Tip 6. Write a complaint to the police. If nothing helps, you can move on to more radical actions – write a complaint to the police, this can be done in their local police station. It is desirable (but not obligatory!) to have some evidence of the debt (receipts, correspondence, records of conversations, witnesses, etc.).
Seeing that no other methods were working, I also decided to go to the police (incidentally, for the first time in my life – at the same time I gained experience). I wrote a statement saying that actions had been committed against me that could be qualified as fraud (money had been received, the service had not been rendered, the money had not been returned). As evidence could provide SMS-messages from the debtor, where he promises to return the money, the testimony of salesmen and the owner of the store (which I pointed out in the statement). I had no problem accepting it and explained the further procedure: an investigator will contact the person who owes me money, take a statement from him, determine whether the actions can be qualified as fraud. Almost certainly not, about which I will be sent a refusal to prosecute within 10 days. But the very fact of being called to the police, of course, would once again put a lot of psychological pressure on the debtor, which was important to me.
A few days later my debtor called me back and told me he would pay me back the money by the end of the month (in about 20 days). He had promised such things more than once before and he did not fulfill them. This time he said that his commitment was “recorded with the police”. That is, apparently he wrote something similar in his explanations when he was summoned. And now, finally, a miracle happened: not by the end of this month, of course, but in the first days of the next month the debt was repaid! Victory! The method worked! Although I would like to emphasize that the police could not find corpus delicti in this situation and in fact they could not do anything to this person, they were just talking about psychological pressure.
What is even more interesting is that the police did not send me any official response at all. But that was not so important.
So my actions did eventually have an effect. By the way, I used not only these methods, there were others, more specific, which are not always and not everywhere. For example, you can “put the debtor on the counter” – start charging him interest on the debt, comparable, for example, to the interest on loans in MFIs. Collectors also often “add their penalties” to debts, which is illegal, but psychologically effective. Or, in my case, I could have complained about the debtor to the tax authorities, because he was engaged in illegal business activities – this would not have helped me get my debt back, but I could have punished him with good fines. My warnings about these possible actions had no effect either.
And then I will look at a couple of extreme methods that I haven’t gotten to, but that you can use to get the person to pay back the debt.
Tip 7. Take the debtor to court. It is in court that private debts are resolved. So if no other actions have the desired effect, this option remains. Perhaps even the fact of filing a lawsuit will scare the debtor, and he will return the money even before the start of the trial. Or maybe you will have to go all the way, get a court decision and, if the court takes your side, transfer it to the bailiff service, and they have to “knock out” the debt in your favor. It is in their competence to seize the accounts, income, and property of the debtor – there are enough tools here.
Tip 8 . Sell your debt to debt collectors. Just contact the nearest collection company and see if they are willing to buy that debt from you. There are a lot of disadvantages to this method. First, they will not buy every debt: it is impossible to sell a debt that is not documented in any way. If you have a receipt or a loan agreement, it will probably work. But even in this case, they will buy your debt with a huge discount: you will not be paid more than 10-30% of the amount you owe. That is, you will get “at least something”, the debtor will get further interaction with the collectors (if you are happy about it), but you definitely will not get the rest of the money back.
Now you know how to make a person return the debt without a receipt and against a receipt. I hope that my advice and my experience in this case will be useful to you. Well, in conclusion, remember once again an important rule:
So that you do not have problems with the return of the debt, just do not give money in debt.