Repayment of a debt without a receipt: judicial practice

How to get your money back?

The everyday situation, when relatives, relatives, good friends do not have enough financial resources for personal needs, is familiar and everyday. Who among us gave loans to friends and took a receipt from the borrower? Units.

Even less thought about how to repay a debt without a receipt: is there such a judicial practice? No desire to participate in litigation and the amount of debt is not large? Then it is easier to forget about the debtor and the money.

If the amount transferred to the debt is significant for you, then contact the Internal Affairs Bodies with a statement addressed to the head of the Department of Internal Affairs to bring citizen M. to criminal liability under Article 159 of the Criminal Code of the Russian Federation, fraud.

You can personally submit an application to the duty department of the department closest to you, you can use the postal service and send it by registered mail. In the application, it is desirable to describe in detail who, where and how much he took, for what purposes and the date of repayment of the debt.

It is important to indicate that a citizen (name) took money from you, having the intent not to return it, since over the past period he had financial income (sold a car, an apartment, received a fee, an inheritance), but did not return the debt.

99% of 100% that a decision will be made: to refuse to initiate a criminal case, about which the authorities that conducted the verification of the application will notify you, at the same time they will explain the procedure for appealing this decision. Here we do it like this:

1. We will appeal, and possibly more than once, the decision to refuse to the district prosecutor's office, in case of subsequent refusals - to higher prosecutor's offices, seeking to initiate a criminal case, which after the end of the investigation will go to court, during the trial you will file an additional claim for damages.
2. We do not appeal the refusal decision, but we attach it to others that we will collect. In addition, working on the material, the police officer will receive a written explanation from both you and the debtor, which will be useful in court.
3. We collect indirect evidence of the fact of the loan: culturally, politely and calmly in a telephone conversation we are interested in the date of repayment of the debt, we record the conversation itself on a voice recorder. It is desirable in the presence of witnesses and video filming. We talk as correctly as possible, we introduce ourselves, naming our last name, first name, patronymic, we name the last name and first name of the subscriber, and the purpose of the conversation. No threats or raising your voice. It may be worth giving a chance to pay the amount in installments. If the borrower names the real date, then you should wait for it and repeat the call, respectively, and record it on the recorder. Subsequently, we take the details of calls from your number, there will be the time and date of the call to the debtor's phone number, we notarize. We save the recording on electronic media: a memory card or a disk. You can also use SMS - correspondence.
4. We communicate whenever possible and through the Internet: e-mail, social networks. We take screenshots from the pages with correspondence. In the future, they will need to be printed and certified by a notary, regardless of the content (recognizes, does not recognize the debt, is going to return or not).
5. It is possible to film a meeting with the debtor.
6. Take a receipt under any pretext: for a report, for a wife, mother.
7. If the money was transferred in any way, take extracts from these organizations by bank or postal order.

Collecting all of the above is quite troublesome, but real.

To court or to a lawyer?

1. If the amount of the debt is less than 50,000 rubles, we go to the world court at the place of residence of the debtor.
2. If the amount is greater, then you should apply to the district court at the place of residence of the debtor.

To file a claim, you must pay a state fee for the consideration of the case.

You can use the services of a special calculator and calculate its size yourself. For example, to collect a debt in the amount of 50,000 it is 1,700 rubles, for an amount of 100,000 - 3,200, but the amount of state duty for district and magistrate courts cannot be your 60,000 rubles.

Fill out the application form indicating the address data of the defendant, the circumstances of the case.

Indicate all the documents that you managed to collect:

• a copy of the decision to refuse to initiate a criminal case;
• written details of outgoing calls, with the application of an electronic recording medium of conversations, with a written explanation. The judges are not very favorable to such entries, but be persistent.
• printouts of screenshots of Internet correspondence, necessarily certified by a notary. The service is not free.
• video recording of the negotiation process with the debtor.

In the application, you can ask the judge to request copies of the materials on the refusal to initiate a criminal case, information from mobile operators and Internet providers.

Filing a claim does not automatically entail the litigation itself. Within five days, the judge may:

• accept the application for production;
• refuse admission;
• return;
• leave it motionless.

All actions are documented in writing.

The above actions of the judge have different legal consequences, and you may not be able to deal with them on your own. Here qualified lawyers will always come to the rescue.

Did you give it to your hands? walk with your feet

If all the efforts were not in vain, the court satisfied your claim and made a decision to repay the debt, this already gives a real chance to get it from the debtor. Although this is not fast. The debtor may appeal the court decision. If he did not do this, then the decision goes to the department of bailiffs - executors.

Then it's up to them. By decision of the court, enforcement proceedings are opened. Within its framework, bailiffs collect information about the financial situation of the debtor: bank accounts, the presence of a car and other property that can be levied.

Also, the debtor can be banned from traveling abroad. So that the enforcement proceedings do not drag on for decades, actively cooperate with the bailiff service, do not give up and knock on all doors.

When lending money, do not exclude the possibility that it will not be returned to you, so do not risk the amount, the loss of which will upset your material well-being.