Is it possible to return the money if there is a receipt? How to repay a debt with a receipt and without a receipt? Deadline for filing an appeal to the court

Each of us has had to lend money to someone. Recently, it is not uncommon for money to be returned even with a receipt with great difficulty. With the help of this article, we will tell you what to do if the debtor is hiding from you, how to return your hard-earned funds if you have a receipt in hand, and we will also consider the situation when there is none, or the debtor has died.

Is it possible to return money by receipt - return procedure

Imagine this situation: you were borrowed money, but a lot of time has passed since the borrower agreed to return the money to you. You try to contact him, find him, but everything is in vain. What to do? How can this be? These tips may be useful to you:

• Step 1: We call the persistent defaulter and ask him why he is delaying payment of borrowed funds. We are wondering when he can meet to discuss the procedure and terms for returning the money;
• Step 2: If you don't pick up the phone, you need to write a letter. It reminds the borrower what the amount of his debt is. We notify him that in 2 or 3 weeks you will go to court to recover your money from him. This notification must be sent to the debtor not by courier, but via Russian post (a letter with a valuable attachment and notification of its delivery);
• Step 3: We make photocopies of the receipt. Total quantity: 3 pieces (one copy each for you, the debtor, for the court);
• Step 4: We look at where the debtor is registered and look for the district court at his place of residence. The claim must be filed only with the court at the place of registration of the future defendant. Remember that any controversial issue regarding a refund has a statute of limitations. The non-refund period is 3 years. If the statute of limitations has expired, the court will most likely deny your claim;
• Step 5: We make a photocopy of our passport (only 2 or 3 pages and registration are needed), then we write a statement of claim (a sample can be easily found on the Internet). We go to the bank and pay a fee for consideration of our claim. It is calculated in accordance with Article 333 of the Tax Code of the Russian Federation;
• Step 6: To the drafted claim we attach a copy of the receipt, a copy of the letter to the debtor requesting the return of the borrowed money (attach along with a copy of the check for payment for Russian postal services), a copy of the passport, a payment order from the bank for payment of the duty, a settlement with information about how much money and interest on the defendant owes him;
• Step 7: We clarify the reception schedule of the civil court, the office where the reception is held. Then we choose a date convenient for us and take the collected package of documents to the court. If everything is drawn up and collected correctly, the application will be considered within 3-9 months;
• Step 8: In most courts, you can track the progress of your claim online by visiting the court's official website. It is best to appear on subpoenas if you are asked to clarify some questions (this can also happen, there is nothing wrong with that);
• Step 9: So, the court hearing in your case is over (it may happen that the defendant does not attend it), the decision was made in your favor. You need to obtain a writ of execution and find out how it can be handed over to the bailiffs. It is they who will have to collect money or property from the borrower in your favor;
• Step 10: If the debtor decides to come to his senses and not bring the matter to trial, you will need to meet with him in front of witnesses, recalculate the amount of money he wants to return, and draw up an act stating that the money was returned to you in full. Then you will need to withdraw your claim as soon as possible.

Borrow money without receipt

If you lent money and did not receive a receipt, do not despair. In the absence of written confirmation of the transaction, it is quite possible to rely on other evidence; witness testimony does not count. Evidence may include:

• Correspondence with the defaulter by mail- you need to make a copy and have it certified by a notary. It will also be necessary to conduct an examination of the authenticity of the correspondence. It's not as difficult as it seems.
• Correspondence on social networks- we act as in the first case.
• Correspondence via SMS- look at the first 2 points. Additionally, you can make a request to the mobile operator in order to establish the fact of information transfer between subscribers. This option has one caveat: the borrower can say that the number is registered to him, but in fact another person is using it, so all claims must be presented to the person who used the SIM card.
• Audio recording- it is necessary to indicate under what circumstances the recording was made, by whom, when. The recording will need to be transcribed into text. An expert opinion may be required regarding the absence of mounting and gluing.

Such cases, in the absence of a receipt, rarely reach the court, despite this, there is no need to remain idle. The main thing is patience and focus on a positive result.

How to return money on a receipt if the debtor has nothing?

If the borrower really does not and did not have any property, nothing can be done about it. Most likely, you will have to forget about the debt, or wait until the debtor gets back on his feet, then he will be able to pay off his debt to you. In no case should you think about revenge; you yourself may find yourself subject to criminal liability.

What to do if the debtor had something, but now has nothing? Most likely, he transferred all the most valuable things to his relatives. Then we proceed as follows.

Debt collection by receiptWhen the debtor is in no hurry to repay the borrowed money, it entails certain difficulties - as a rule, due to inaccuracies in the execution of the debt paper. But it is still possible to get your money back. Let's try to figure out how.

How to return money on a receipt without going to court?

Russian legislation allows for the possibility of transferring money between individuals by receipt (Article 808 of the Civil Code of the Russian Federation). But what to do if, having lent money to a friend or relative using a promissory note, you are faced with the fact that this person is in no hurry to repay the debt? If verbal persuasion to repay the debt does not work, then you should try to influence the debtor by sending him written demands (claims).

In such a claim, in addition to the main demand for repayment of the debt, it is worth mentioning that, if the debt is not repaid within the period specified in the receipt, interest will be charged on the amount of the debt in the amount of the refinancing rate in the manner provided for in Art. 395 of the Civil Code of the Russian Federation. Thus, the total debt increases as the delinquency increases. Moreover, even if it turns out that the receipt does not contain a deadline for repayment of the debt, the debt must be repaid within 30 calendar days from the date the creditor submits a demand for repayment of the debt. That is, you must first make such a demand.

At debt collection by receipt it is also necessary to indicate that if the debtor does not voluntarily repay the debt, the creditor will go to court to protect his rights. The creditor will most likely win in court, and then, among other things, the debtor will have to reimburse him for the costs incurred (state fees and other court expenses; fees for the services of the lawyer he had to contact). The creditor also has the right to declare to the court his desire to index the existing debt.

Perhaps a well-drafted claim containing information about adverse consequences will be a convincing and effective way to force the debtor to repay the debt. And the creditor will not have to study all the intricacies of litigation or resort to the help of lawyers.

Alternative and simplified methods of collecting debt by receipt

If for some reason the creditor does not want to communicate with the debtor, or send him his demands, much less go to court, he can resort to an alternative: assign his right to claim the debt. Now there are quite a lot of companies ready to buy out the debts of individuals. At the same time, by concluding an agreement on the assignment of rights of claim, the creditor immediately receives part of the debt funds (the amount depends on the conditions under which the debt collection company operates), and he will no longer have to communicate with the debtor or run through the courts. This will already be done by the company to which the debt was sold.

Don't know your rights?

If the creditor still prefers the collection agencies to the court, he can first file an application for a court order. A court order will be issued and issued to the applicant along with a writ of execution, according to which the bailiffs, having initiated enforcement proceedings, will apply various coercive measures against the debtor.

To issue a court order, a statement from the creditor and supporting documents, i.e., a receipt, is sufficient. In this case, there will be no trial, and there is no need to summon the debtor. The state fee in this case will be 2 times less than when filing a regular claim. However, the debtor retains the right to express his objections to such an order after he receives it. The debtor is given 10 days from the date of receipt of the order to do this. If objections still arise, then the court order is canceled. In this case, the creditor still has the opportunity to file a lawsuit.

But even at this stage the matter can be resolved peacefully. If the debtor realizes that the case has already reached the court and now he has no escape, that the amount of payment can now increase significantly, then in this case a settlement agreement can be concluded between the creditor and the debtor. The creditor then refuses the claim.

How to collect a debt on a receipt in court?

After filing a claim in court, the case will be considered according to all the rules provided for by the Civil Procedure Code (Civil Procedure Code of the Russian Federation). Here a trial will already take place with the participation of the parties.

Things are not always resolved promptly. Often you have to deal with the fact that the debtor himself delays the case by not appearing in court. You also need to be prepared for the fact that the debtor will challenge the receipt. Here the court will take into account the presence of various evidence of the transfer of money; appoint appropriate examinations if, for example, the debtor declares that the signature on the receipt is not his. The costs of such an examination will be borne by the debtor, unless, of course, the case is ultimately resolved in favor of the creditor.

After the court makes a positive decision in favor of the creditor, the said decision is enforced from the moment it comes into force. The execution of court decisions is regulated by Federal Law dated October 2, 2007 No. 229-FZ. The creditor receives a writ of execution from the court and submits it to the bailiff to initiate enforcement proceedings. The bailiff sends the corresponding order to the debtor. The debtor has the right to voluntarily pay the debt within 5 days. If the debtor in this case is in no hurry to fulfill his obligations to pay the debt, then enforcement measures are applied to him. Such measures may be, for example, the imposition of penalties or seizure on the existing property and property rights of the debtor (receipt of payments under various agreements, etc.), on funds received by the debtor from various sources, etc.

To summarize, we can say that in most cases it is possible to collect a debt by receipt. You just need to carefully consider all the available options and choose the most suitable one for your situation. At the same time, when transferring money by receipt, you should always remember that such a receipt must be correctly executed (See How to write a receipt for receiving funds (form, sample)?). This will greatly increase the chances of receiving the loaned money back.

To avoid problems when collecting a debt using a receipt, you must ensure that it is properly executed. It is advisable for the debtor to fill it out with his own hand.

The receipt must include information:

• Full name both parties, their passport details with place of residence;
• the amount of debt (preferably in words and numbers);
• interest for the opportunity to use other people's funds;
• fine for late payments;
• deadline for returning money;
• date of receipt;
• place of its compilation;
• signatures of both parties and their transcript.

Signs of an illiterate preparation of a promissory note are the absence of a date for its preparation, a repayment period, and the amount of interest.

The receipt is kept by the creditor and returned to the debtor after the money is returned. In difficult situations, it is advisable to draw up a full-fledged loan agreement.

If there is a receipt and the debt is not repaid, then the collection procedure does not need to be delayed. The limitation period is three years. This period is calculated from the day on which the borrower was obliged to repay the debt.

Debt collection in court

Preliminary actions

Before going to court, the borrower must be notified of this decision. Contact a lawyer of this specialization and, with his help, give the debtor a final warning indicating a specific deadline for repayment of the debt.

If there are no results, you need to prepare a reasoned application to the court containing a demand for the return of money on a receipt.

Filing an application to the court

It requires payment of a state fee. It depends on the amount charged. When the amount does not exceed 50 thousand rubles, the application is submitted to the magistrate. For a larger amount, the application is written to the district court. In any case, at the borrower’s place of residence.

To encourage repayment of the debt, the application should indicate the requirement to pay interest for the opportunity to use other people's funds, as well as penalties (it must be indicated in the receipt).

The application also includes:

• requirement to secure the claim (seizure of the borrower’s property),
• location of the property.

If the debtor has a car, you need to ask the court to seize it (indicate the make of the car and its registration number). The application is accompanied by a certificate from the traffic police confirming the registration of the vehicle by the defendant.

You must also attach:

• statement of claim (copy),
• a receipt for payment of the duty or a document confirming the right to be exempt from it,
• two copies of the promissory note.

The original receipt is provided during the trial, which is entered into the protocol.

Court decision

The adoption of a court decision to collect a debt on the basis of a receipt is based on the provisions of the law:

1. It is considered that the loan agreement (see) is concluded from the day the money is transferred.
2. The loan agreement is confirmed by a written agreement or receipt.
3. A debt can only be disputed with written evidence.
4. The court collects interest in the amount indicated in the receipt and for the period of time for which the debt was incurred.
5. If the period for repayment of the debt with interest has expired, the court will collect interest for the use of other people's funds at the bank refinancing rate.
6. If there is no amount of interest in the receipt, the court assigns interest at the bank refinancing rate.
7. If the receipt does not indicate a deadline for repaying the money, the borrower is obliged to return it with interest within 30 days. This period begins with the demand for their return.

When do you not need to pay interest?

The debtor does not pay interest on the loan amount if:

• the receipt says about an interest-free loan,
• an agreement has been concluded between citizens for an amount not exceeding that established by law, and at least one of the parties is not related to entrepreneurial activity.

You must understand that interest on the loan amount is not a penalty. This is the amount established by agreement or law for the use of money taken by receipt.

The court decision has entered into force

As soon as the court decision comes into force, the following actions are required:

• obtain a writ of execution in court,
• present it to the bailiff for execution,
• in case of arrest of the debtor’s property, at the stage of preparing the case for trial, the claimant should wait for the sale of the property,
• in the absence of security for the claim, control the work of the bailiff,
• file a complaint with the court in connection with the action (inaction) of the bailiff.

From judicial practice

Mandatory execution of a loan agreement

Kabakin M. filed a lawsuit to recover 400 thousand rubles from Terekhov V. The plaintiff motivated his demand by the fact that the fact of transfer of this money was recorded in a receipt written by Terekhov.

The debtor's representative did not admit the claim due to the absence of a loan agreement between the parties. He argued that the receipt is not an agreement.

Moreover, in the receipt:

• only one side is indicated
• the fact of receiving money for repairs is recorded,
• there are no refund obligations,
• The lender is not specified.

The court rejected Kabakin's claims for the following reasons:

• absence of a loan agreement (which is required by law for a given amount of debt),
• the loan of money has not been confirmed,
• from the receipt it is clear that the money was given for repairs,
• there is no indication of the second side,
• There is no information about the transfer of money with further return.

About interest on the loan amount

Savelyeva A. filed a claim to recover from Melekhov D. the funds borrowed from her in the amount of 160 thousand rubles. with interest and penalties. He wrote a receipt and promised to repay the debt in four months. According to the terms of the receipt, the contractual interest was 8.5%.

At the court hearing, Melekhov admitted the fact of borrowing money, but referred to the impossibility of returning it due to financial difficulties (he is unemployed). He asked to reduce the interest rate.

According to the law, the court, when deciding issues of reducing the interest rate, must take into account the change in the bank's refinancing rate (as) for the period of delay. In this case, this change occurred downward from 10.5 to 7.7%.

The court concluded that the amount of interest for the use of the lender's funds in the amount of 8.5% is disproportionate to the consequences of failure to fulfill obligations.

Using its right, the court lowered this rate to 7.7%. Thus, the court agreed to partially satisfy the plaintiff’s demands, reducing the amount of interest collected.

About the timing of debt repayment

Nilov Yu. turned to Malov O. with a claim to collect a debt of 50 thousand rubles. The defendant did not admit the claim because the plaintiff missed the statute of limitations.

The instructions of the judicial panel for civil cases of the Armed Forces of the Russian Federation are applicable to this case.

It says that if the deadline for fulfilling the obligation is not determined or it is determined by the date the creditor claims the debt, then the beginning of the limitation period () does not arise from the moment the obligation arises, but from the day the creditor submits a demand to the debtor for performance.

The debtor may be given a grace period to comply with this requirement (30 days under loan agreements). Then the limitation period is calculated from the end of the grace period.

Contesting a receipt

Oparin M. turned to Lednev A. with a claim to recover from him the amount of 600 thousand rubles taken in accordance with the receipt. The money was not returned within the deadline established there.

Defendant Lednev completely refused to acknowledge the claims. He explained this by saying that he did not take the money, but wrote the receipt under psychological and physical pressure from Oparin. Lednev's representative added that the defendant is registered in a mental hospital.

The court granted the claim. The basis for this was the lack of evidence of pressure on the defendant by the plaintiff.

Final instructions on debt collection by receipt

In most cases, this procedure includes the following steps:

1. Negotiations with the debtor.
2. Preparation of statements of claim and claims.
3. Filing a claim demanding the return of money to a court of general jurisdiction.
4. It is possible to represent the lender's interests in court.
5. In the process of enforcement proceedings, monitoring the work of bailiffs.

It is not so easy to repay a debt with a receipt. Especially if it is not composed entirely correctly. This procedure is distinguished by its subtleties, which requires the participation of experienced lawyers.

They not only understand the legal aspects of this problem, but also know court practice well.

Video on how to repay a debt on a receipt:

It often happens that a conscientious and decent borrower (debtor), who took money on receipt, also relies on the integrity of his lender. And he thinks: “I borrowed money for a certain period, but now I’ve paid back the entire loan amount. Even ahead of schedule. Everything seems to be in order and there shouldn’t be any complaints.”

However, in practice, as usual, there are different cases.

For example, a client once contacted us, outraged by his lender. It turns out that the lender sued him, although he I paid off my debt a long time ago within the period specified in the receipt. Moreover, the claims were presented with penalties.

The borrower was also surprised by the fact that when repaying the debt, they tore up this receipt together. Thus, he believed that everything was in the balance. As it turned out later, the money was given away in the car late at night. After the lender received his money back, he handed the receipt to the borrower and offered to tear it up immediately. The borrower quickly looked at the receipt, recognized his handwriting and signature and, since he had paid, agreed to tear it up in order to terminate the obligation. However, the receipt was nothing more than a good color photocopy of the original one. And in the evening, in poor light, sitting in the car, the borrower, of course, considered it to be the original.
Hence the conclusion: When borrowing money, the lender must be extremely careful, and when returning money, the borrower (debtor) must be extremely careful. .

When returning a debt to a borrower (debtor), it is important to remember that in no case should you trust the words and promises of the lender. If money is taken under a written obligation in the form of a receipt, then it must also be given against a receipt. Only a receipt from the person who accepted the money back. And this receipt must be kept by the former borrower until the statute of limitations expires.

The Civil Code of the Russian Federation has Article 408, which says exactly this:
The creditor, accepting the performance, is obliged, at the request of the debtor, to issue him a receipt for receipt of the performance in full or in the relevant part.
If the debtor has issued a debt document to the creditor as evidence of the obligation, then the creditor, accepting performance, must return this document, and if it is impossible to return, indicate this in the receipt issued by him. The receipt may be replaced by an inscription on the returned debt document. The presence of a debt document in the possession of the debtor certifies, until otherwise proven, the termination of the obligation.

If the creditor refuses to issue a receipt, return the debt document, or note on the receipt the impossibility of its return, the debtor has the right to delay execution. In these cases, the creditor is considered to be in default.

Thus, when repaying a debt by receipt, the debtor must choose one of the following options:

1. Demand from the lender a receipt (in the form of a separate document) stating that he received the borrowed funds back from the debtor in full and he has no claims for repayment of the debt, as well as the reasons why the receipt on which the money was taken is cannot be returned to the debtor.

2. Request the lender to write on the receipt itself that he has received the borrowed funds back from the debtor in full and that he has no claims for repayment of the debt.