Debt is not always repaid by the borrower.timely and voluntary. Often, creditors are forced to resort to recourse to the court, which, after consideration of the case, establishes a specific procedure for collecting debts. The order has the following contents.
- Communication lawyer with the debtor about his intentions about the return of the debt.
- Sending an official letter to the debtor with the requirement to return the debt.
- Transfer of documents to the court in the absence of a response from the debtor.
- Filing a lawsuit to the court within 1 month from the start of the delay on the debt.
- Conducting the trial and appointment of the decision.
The applicant must submit to the court the following documents:
- statement by sample
- passport with photocopies of all pages- genuine evidence that is the basis for the trial - a receipt on the payment of state duty for the conduct of the judicial procedure - if there is a lawyer, a document certified by a notary, giving the lawyer the right to defend the interests of his principal in court
- refusal of the debtor to pay in writing
- certificate confirming the mental capacity of the debtor.
The statement of claim filed in court on the firststage is studied and processed by a specialist. Next, it is assigned the time and date of the case, after which the decision is made.
The court takes into account the interests of not only the plaintiff, but alsothe defendant, as well as the reasons for which there was a delay in arrears. The decision is subject to appeal when the debtor submits an appeal within 10 days. In the presence of a lawyer, the interests of the defendant may be considered by the collection and appeal instances. After the passage of the second instance the court decision enters into force.
After that, the lender is issued an executivedebt collection sheet. It is from this moment that debt begins to be recovered. Chances of debt collection depend on the situations in which the debtor is located.
Если должник не может выплатить в связи с financial difficulties, or simply does not want to pay, the probability of debt repayment is large. It is more difficult in cases where the debtor turns out to be a fraud or leaves the city altogether and its location is unknown, then simply sit down. There is also a pre-trial procedure for debt collection.
Having a qualified lawyer to settle conflictsYou can even before the court. It is important to properly negotiate, justify the position of the borrower, to find alternative solutions to disputed issues relating to payments. It may be necessary to make concessions and offer the borrower installments on payments on favorable terms. In some cases, the chances of repayment of debt increase by several times, and the debtor slowly begins to pay its debt. As collection methods, negotiations between the parties, the behavior of the claim work, mediation with the debtor, or debt collection on the basis of a settlement agreement are shared. Thus, following the rosary instructions and if you have an experienced lawyer, you can come to a concession that suits both parties and the debt will be paid in full.
