Debtors: what to do if a person does not repay a debt on receipt

So, you have a receipt for an issued debt, you are waiting for a return, all the deadlines pass, and the debtor feeds everything with breakfast or ignores you altogether. The situation is not pleasant, you have to think about what to do if a person does not repay the debt on receipt, what to do and where to go.

If they do not repay the debt, first try to negotiate, try to somehow influence the debtor, appeal to his conscience

And the only way out is to go to court

Of course, initially it is better to try to negotiate, wait a while, try to somehow influence the debtor, appeal to his conscience, disturb his relatives. Well, if you have a clause in your receipt that talks about fines and penalties if the debtor fails to meet the deadline for repaying the debt, then you can at least somehow compensate for the spent nerves from this situation.

Well, if you understand that everything is useless, then you just have to go to court to enforce the debt collection from the debtor.

In fact, such a process will not be difficult, a correctly drawn up receipt is an official document that has full legal force. Here, you don’t even have to turn to lawyers, you can easily protect your rights on your own.

First you need to make a claim. You don’t need to invent anything, it’s good that we have the Internet, where you can easily find a sample of the corresponding application without much difficulty. Such cases are considered in the Magistrate's Court with a debt of up to 50,000 rubles and in a district court with an amount of more than 50,000 rubles. The claim is filed at the place of residence of the defendant, that is, at the registration or place of residence of the debtor.

Video tutorial on debt recovery

If the receipt is drawn up in accordance with all the rules, then the debtor will be obliged by a court decision to pay the debt together with the accrued penalties and fines, if they were provided for at the conclusion of the receipt. Please note that there is a statute of limitations for such cases, which is 3 years.

What will happen after the trial?

If the debtor has not appealed the court decision within a month, then the case goes to the bailiffs, now they will legally try to return the money to you, recovering it from the debtor.

Here you can be given one important piece of advice - shake the bailiffs, take an interest in the work done, control the collection process. You are an interested person, if you do not do this, the case will be delayed. Bailiffs have hundreds of cases in progress, they are overloaded with work. Therefore, you should not expect that they will immediately become closely involved in your business. If you do not show persistence, then the recovery can be decently delayed.

What will bailiffs do?

If the debtor has not appealed the court decision within a month, then the case goes to the bailiffs

The very first action is to obtain information about the place of work of the debtor. To do this, the tax bailiff submits a corresponding request. If the debtor has official employment, the tax office provides the bailiff with information about the employing organization.

Now a writ of execution is sent to the debtor's work, according to which up to 50% can be deducted from the debtor's salary in favor of the creditor. This is the most effective method of debt collection, but what if the debtor does not officially work anywhere?

The second action of the bailiff is to obtain information about the accounts of the debtor. For this, requests are made to banks. When accounts are found, they will be arrested, the funds on them or incoming will be debited and sent to the creditor.

The most difficult case is when the debtor does not have an official place of work, and no invoices issued in his name were found. The bailiff can only find out if the debtor has property. If the debt is large, we can talk about selling the debtor's real estate, but only on the condition that this is not his only home. With small amounts, it is practiced to seize the debtor's car and sell it under the hammer.

If the debt is not returned, we can talk about selling the debtor's real estate, but only on the condition that this is not his only home

The case will be significantly delayed if the debtor does not have any property. Here, unfortunately, we can even talk about the impossibility of collecting a debt. The maximum that a bailiff can do is to establish a ban on the debtor's travel abroad.

What if it's a debt without a receipt?

If a friend or relative took money from you and is not going to give it back, and the receipt is not drawn up, then, unfortunately, no court will help you. The only thing you can do is to report fraud to the police department.