Claim for return of funds under a loan agreement (between individuals). Claim for debt collection: sample and rules for drawing up Pre-trial claim by receipt sample

A loan agreement can be concluded between any persons either orally or in writing. The written version is more reliable and allows you to prove your position based on the document. Drawing up a detailed document can complicate the procedure; it is enough to issue a receipt that will confirm. The dispute will take place in general procedure, including pre-trial procedures.

Individuals have the right to transfer funds to each other on the basis of repayment. . The subject can be not only money, but also things that have generic characteristics.

The essence of the agreement is that a certain value is transferred from the lender to the borrower, but must subsequently be returned on the terms specified in the text of the transaction. The features will depend on the type of contract; there are several varieties:

Cash or clothing loan. The difference is in the object of the contract, that is, in the property that is transferred.
Urgent and permanent loan. In the urgent case, the return period is determined immediately, but in the unlimited term there is no such condition, the return is carried out upon request, on the agreed terms.
Target or consumer. When concluding an agreement between individuals, as a rule, the purpose of the funds is not specified.

A receipt is a document confirming the fact of transfer of funds and acts as evidence of the existence of such a relationship between the parties. In practice, they are most often confirmed by receipts. It will not contain detailed features of the relationship between the borrower and the lender, but will fully reflect the main essence - the fact of transfer of funds and the need for repayment.

The receipt may also contain some specifics, although not as detailed as the contract. It may indicate the time period for the return of funds, interest rate, its absence and so on.

Claim procedure for disputes between individuals

Claim on receipt between individuals debt repayment is not obligatory general rule. Many lawyers advise using the pre-trial procedure in most cases for the following reasons:

The main reason for filing a claim is the opportunity to avoid the judicial stage, which is beneficial for both parties. In some cases, there is little point in directing it. For example, if it is known that the order will not affect the debtor or it is planned to file not a claim, but an application for a court order (for a debt amount of up to five hundred thousand rubles).

In some situations, a claim procedure for debt collection will be necessary:

If the text of the receipt contains an indication that pre-trial settlement is mandatory. The law does not prohibit such a condition.
If, that is, the debt repayment date is not specified.

In the second case, we are talking about an open-ended contract and refunds are made only after notification. It is not necessary to call the document being sent a claim; it would be more logical to send a notice, since it is not yet known whether the debtor refuses to fulfill his obligation, but sending such a document will be necessary, otherwise the court will refuse to collect the debt.

General requirements for a claim

A sample pre-trial claim on a receipt must contain the following points:

Full details of the lender and borrower, sufficient for their identification, that is, their passport data
Details of the receipt on which the dispute arose. You must indicate its date, amount of debt and basic conditions
Calculation of the required amount. It is not necessary to describe the calculation in detail, but the required amount must be clear and justified
Consequences of refusal to fulfill an obligation
Indication in case of refusal to fulfill the obligation

The claim or demand contains the basic terms of the loan and the amount required to be repaid. Additionally, the end date or contact information of the lender is indicated.

Procedure for compilation

Study the receipt for conditions, calculate
Try to contact the debtor in other ways, for example, by phone or email
Compose the text of the receipt in compliance with the requirements: concise, simple, understandable and meaningful
Submit a claim in an accessible way

You can deliver the document to the debtor in person; if he refuses to sign for its receipt, you can ask two witnesses who were present at the time of the attempted delivery to sign. But in this case, it is better to send it by registered mail.

Practical features

When drawing up and submitting a claim, it is worth considering some features:

The document is simple, business language. All aspects of the claim must be clear to the debtor.
You cannot use death threats, blackmail, illegal demands, or point out the consequences arising from illegal actions.
The consequences indicated in the claim must be within the framework of the law and the text of the receipt.
If the debtor refuses to accept the document, it is recommended to send it by registered mail with a list of the attachments. The lender has the right to use notification of delivery.
The claim is signed by the lender himself or his representative, if he has the appropriate authority. When contacting the debtor's representative, he is duly formalized.
When going to court, it is better to indicate pre-trial work, even if such an order was not mandatory.

The text of the claim and the amount of the claim must in any case correspond to the receipt, that is, the previously arising obligation.

– a simplified version of a document confirming the existence of a relationship between persons as between a debtor and a lender. The claim procedure upon receipt will not be mandatory, but in some cases it allows one to avoid lengthy litigation and significantly saves time and money for both parties. Failure to comply with it is not a violation if the pre-trial procedure is not established in the text as mandatory.

Write your question in the form below

What should any pre-trial claim contain?

Full name of the recipient, his address

Grounds for the emergence of claims - number and date of the contract, other document or description of the damage caused

Action requirements. Written arguments with your opponent should not be allowed. The requirement stated in the pre-trial claim must be enforceable by specific action. That is, the party must have 2 options: fulfill the opponent’s proposal or ignore it. If the request is for payment, full details of the bank account into which the money can be transferred are required.

The deadline for fulfilling the requirement is 10 calendar days, according to business customs.

A warning that if you fail to comply with the requirement within the specified time frame, you will be forced to go to court

Deadline for responding to a pre-trial claim under the law

The parties have the right to choose a convenient time frame for responding to the claim. This is indicated in the claim or disputed contract. If they do not contain information, they are guided by the provisions of the law.
By law, in most cases the response period must be reasonable and is not clearly regulated by law. Exceptions are cases:

Change or termination of the contract (except for rent) - 30 days
Termination of a bank account agreement - 1 month
Disputes about insurance compensation under MTPL - 5 days
Claims to tourism operators - 10 days

Disputes regarding the provision of communication services - 60 days and
some other disputes

In general, it is not customary to send a response to a complaint. This will not affect the proceedings in court. If you are not going to comply with the requirements of the complaint, it does not matter whether you ignore it or send a response with objections. The same objections can be presented in court in the form of a response to the statement of claim.

How to show the court that the claim was filed

The proof is the postal receipt. Pre-trial claims must be sent by registered mail with a list of attachments. If you know several addresses of the defendant, send a copy of the pre-trial claim to each of them. Use all known addresses - including those listed on the site, and not just the legal one.

If you are in the same city as the defendant and he - legal entity, it is also good to leave a copy of the claim at the reception of this company. Ask the secretary or other employee to mark the receipt of the pre-trial claim on copies of it. All this will exclude the possibility of the defendant appealing that he was not properly notified.

The deadline for fulfilling the requirement specified in the claim must be counted from the moment the defendant receives the letter. You can find out about this on the Russian Post website. If the letter arrives at the place of delivery, the defendant is considered notified.

If you are sure that the defendant is not going to fulfill your demand pre-trial, you can do it easier and not wait for the expiration of the time limit allotted for the claim.

Practicing lawyers submit an application to the court a week after sending the pre-trial claim. While the court accepts the claim for proceedings, the defendant manages to receive the letter.

As a general example of a claim, a claim is provided that can be used to recover a debt. It is suitable for both individuals and legal entities.

Contact us to draw up a competent pre-trial claim for your case. The cost of the service is 3,000 rubles and includes analysis of the contract and preparation of a legal structure for subsequent legal action. For consultation, leave your details in the form below or

In this regard, on the basis of the current Agreement, I propose that you implement the agreed financial obligations voluntarily within 10 (ten) calendar days.

If the entire amount of the debt is not received as specified, I will be forced to go to court to organize the forced collection of these funds. In addition, I will make demands for the collection of penalties, as well as demands for the recovery of legal expenses for payment of representative services and state fees, which will significantly increase your costs.

Details for transferring funds:

Bank name

Current account

Correspondent account

__________________________________

(Signature, full name, date)

Pre-trial claim - sample and preparation procedure

Before going to court with a demand to collect a debt from a certain person, a measure such as sending a claim by receipt is usually used.

Most often, the parties neglect to draw up a separate loan agreement, drawing them up orally “on trust”. However, receiving funds in an amount exceeding 10,000 rubles requires at least a receipt in mandatory.

This is explained by the fact that a loan of such size requires a document that can act as a tool to protect the rights of a citizen, including in court, if the plaintiff files an application for debt collection under the loan agreement.

Preparing a claim against a receipt is not a complicated procedure requiring special knowledge. However, before compiling it, we recommend that you study Art. 42 of the Civil Code of the Russian Federation, dedicated to the procedure for early termination of a loan agreement, accrual of interest, etc.

Loan agreements are divided into interest-bearing and non-interest-bearing, as well as those that are subject to repayment upon expiration of the agreement or those that are partially repaid.

Most often, a claim by receipt is sent in the following situations:

in case of partial return of funds, a periodic payment was missed. In such a situation, you can terminate the agreement early and demand the return of the entire loan amount in 1 payment;
the loan amount was not repaid in full. The claim must indicate demands not only for repayment of the debt in full, but also for payment of a penalty.

There is a widespread belief that if the agreement does not indicate interest for using a loan, then there is no interest.

This opinion is only partly correct. An interest-free loan is for an amount not exceeding 50 minimum wages or if one thing is taken for temporary use.

In all other situations, a person has every right to file a claim against a receipt demanding payment of interest on the use of the loan.

Like other claims, the form of drawing up this document is absolutely free.

The following attributes are required in the claim:

information about the addressee of the claim;
information about the person who sent the claim (including his address);
name of the document (in this case, “claim”);
indication of the persons between whom the loan agreement was concluded;
date of signing the contract;
calculation of the amount and the applicant’s demands (for example, demands for the return of a loan or part thereof, payment of a penalty, etc.).

After preparing the claim, it must be submitted to the addressee. This must be done in such a way as to have confirmation of the fact of receipt of this document.

How to do this? You can hand it over and ask for a signature with a transcript on the duplicate claim. If the addressee refuses, invite two witnesses who will certify the refusal by putting their signatures.

Second option: send a registered letter with acknowledgment of delivery and a list of the contents.

In the event that the addressee refuses to respond to the claim or does not begin to implement the actions required of him, an application for the issuance of a court order or a statement of claim for the collection of debt under the loan agreement should be filed with the court.

Claim by receipt

On March 13, 2017, an agreement in the form of a receipt was concluded between me and Anton Gennadievich Zaplatin (hereinafter referred to as the “Agreement”).

In accordance with clause 1.1. Agreements Zaplatin A.G. assumed the obligation to repay the debt and pay interest on it.

Within the time period established by the receipt, namely May 13, 2017, Mr. Zaplatin A.G. did not return his obligations to me.

Based on the above, by June 13, 2017, I ask you to return all funds to me and pay the due interest.

Claim by receipt: form

Claim by receipt

“___” __________ 200_ between me and ________________________ an agreement was concluded in the form of a receipt (hereinafter referred to as the “Agreement”).

In accordance with clause 1.1. Agreement __________________ assumed the obligation to repay the debt and pay interest on it.

Within the time period established by the receipt, namely “___” __________ 200_, Mr. _____________________________ did not return his obligations to me.

Doesn't answer phone calls or other methods of communication.

Based on the above, before “___” __________ 200_, I ask you to return all funds to me and pay the due interest.

"___" __________ 200_ _____________________________

Claim for refund of funds on receipt

______________________________________
(last name, first name, patronymic of the debtor)

FROM ___________________________________
(last name, first name, patronymic in full)

Address:_________________________________

Telephone_______________________________

CLAIM

on debt repayment by receipt

I am “____”____________r. lent you _____________________ rubles. , and you, in turn, gave me a receipt indicating that you received a loan from me in the amount of _______ rubles. for a period up to “___”__________ ____, with payment _____% per month.

According to Part 2 of Article 808 of the Civil Code of the Russian Federation, in confirmation of the loan agreement and its terms, a receipt or other document may be provided certifying the transfer by the lender of a certain amount of money or a certain number of things.

Thus, “___”__________ ____ a loan agreement was concluded between you and me.

Based on Article 810 of the Civil Code of the Russian Federation, the borrower is obliged to return the loan amount to the lender on time and in the manner prescribed by the loan agreement.

(last name, first name, patronymic of the debtor)

(last name, first name, patronymic in full)

on debt repayment by receipt

Thus, "___"__________ ____ g.

A loan agreement was concluded between you and me.

Based on Article 810 of the Civil Code of the Russian Federation, the borrower is obliged to return the loan amount to the lender on time and in the manner prescribed by the loan agreement.

You did not return the loan amount to me on time.

The debt overdue period is currently _____ days, the bank rate is _____%.

I believe that, on the basis of Article 395 of the Civil Code of the Russian Federation, interest for the use of other people's funds is also subject to recovery.

I ask you to return me a sum of money in the amount of _________________________ rubles.

If this claim is refused, I will be forced to go to court to protect my violated rights, and in this case, in addition to this requirement, I will require additional compensation for legal costs.

"___"_________ ____ G.

Self-composition statement of claim, statements, petitions, complaints, can significantly harm you!

If you do not have a legal education, experience in participating in litigation, if you are not sure that your tactics are correct, be sure to contact a lawyer or lawyer to draw up a statement of claim and to protect your interests in court!

Pre-trial claim on receipt sample

CLAIM for return of funds under a loan agreement

From: Vladimirov Dmitry Alexandrovich

Address: St. Petersburg, Pavlovsk st.

Embankment no. 1, apt. 86

To whom: Korin Sergei Nikolaevich

Address: G.

Moscow, st. Sergeeva, 16, apt.

on the return of funds under the loan agreement

Regarding the preparation of claims, statements of claim, contracts, additional agreements, we recommend other documents, contact our lawyers by phone.

Claim procedure for debt collection

The expiration of the payment period under the loan agreement (everything is just as simple here, this is proven by a receipt (the repayment period is usually indicated in it, and the letter of demand that I recommended above is sent to the debtor).

Based on the above, I demand that the loan be returned to me in the amount of _____ (in words) rubles within _____________. (we provide 30 days) “___”________ ___ g. __________________ How to send a letter to the debtor.

But there is a simple and effective way- we go to the post office and send this letter to the borrower’s address, always with acknowledgment of delivery.

Claim by receipt

Example of a claim on a receipt

Claim by receipt

11/15/2016 Akhmetova V.S.

addressee of the claim;

Filing a claim by receipt

Before going to court to collect a debt, a claim is usually sent by receipt.

Preparing a claim against a receipt yourself is not difficult and does not require special knowledge. Before drawing it up, we recommend that you familiarize yourself with the provisions of Chapter 42 of the Civil Code of the Russian Federation, which sets out in detail the procedure for early termination of a loan agreement, calculation of interest, etc.

Claim by receipt

In accordance with Art. 811 of the Civil Code of the Russian Federation, if the loan is repaid in parts, if the deadline for repayment of the next part of the loan is violated, the lender has the right to demand early repayment of the entire remaining loan amount along with the interest due.

In accordance with Art. 395 of the Civil Code of the Russian Federation, for the use of someone else’s money, interest is payable, the amount of which is determined by the bank interest rate existing at the place of residence of the creditor (in this case, the lender) on the day of fulfillment of the monetary obligation. According to the information of the Central Bank of the Russian Federation on average bank interest rates on deposits of individuals for the purposes of applying Art. 395 of the Civil Code of the Russian Federation, in the Siberian Federal District the average rate is currently 8%.

As of November 15, 2016, the period of delay is 19 days, therefore interest is payable:

I ask you to consider this claim within 5 days, otherwise I will be forced to go to court with a statement of claim to collect the debt, which will entail additional legal costs, which will be reimbursed at your expense.

11/15/2016 Akhmetova V.S.

How to file a claim against a receipt

There are different loan agreements - interest-bearing and interest-free, subject to repayment at the end of the agreement or in installments. Most often, a claim by receipt must be sent to:

when the loan must be repaid in installments and the periodic payment has not been received: the contract can be terminated early and demand repayment of the entire loan amount;
when the loan amount is not repaid in full or in part: then the claim contains a requirement to repay the debt and pay a penalty.

There is an opinion that if the contract does not stipulate interest for using the loan, then it does not need to be paid. But this is not entirely true: a loan between citizens is supposed to be interest-free for an amount of no more than 50 minimum wages, or when a certain thing is being dealt with. In all other cases, you can send a claim by receipt demanding payment of interest for using the loan.

Like any other claim, including a consumer claim, a document is drawn up in free form, but in writing, indicating:

addressee of the claim;
information about the person who sent the claim, incl. his address;
name of the document (claim);
when and between whom the loan agreement was concluded, what is confirmed this fact;
calculation of the amount and the applicant’s requirements: return the loan, part of the loan, interest, pay a penalty, etc.

The prepared claim must be delivered to the addressee. At the same time, in order to confirm this fact. You can hand it over in person by asking for a signature with a transcript to be included in the second copy of the claim. In case of refusal to receive a claim, invite 2 witnesses who will certify the fact of refusal with their signatures.

You can also send your claim by registered mail with acknowledgment of delivery and a list of the contents.

What if the addressee does not respond to the complaint or does not take the required actions? Submit an application to the court for a court order or a statement of claim to collect the debt under the loan agreement.

Sample claim for refund of money based on a receipt from an individual

How to collect a debt against a receipt? (almost step by step instructions)

In one of the old posts, I talked about how to lend money correctly. But there are different life circumstances and sometimes it happens that the debt is not repaid. I will tell you how to act in such cases in this article.

How to repay a debt on a receipt?

First of all, I would call the debtor, there are two options here - if the debtor picks up the phone and communicates with you, ask him the reason why the debt was not returned on time, and if the reason is valid, then agree on a new return date (or offer to rewrite the receipt, but with your interest!), If the debtor does not pick up the phone or you do not believe him, then you should send him a demand for repayment of the debt by registered mail with notification.

The demand for debt repayment is written in free form, but it should be clear from it who it is from, to whom it is addressed, the reason for which it was written and the terms and methods for repaying the debt.

If you are too lazy to come up with the text of the letter, then use mine.

After the notification of delivery of the letter is returned to you, you will know the date when it was delivered to the debtor. From this date, you should count 30 days and file a lawsuit.

How to sue a person for non-repayment of a debt on a receipt?

There is nothing complicated here; repayment of debt by receipt is the simplest category of cases in the courts.

When filing a lawsuit, you will have to prove the following:

- the fact of concluding a loan agreement (it is proven by a receipt, and if there is a possibility, i.e. someone else was present when signing the receipt, then this may be a witness, but in any case, the receipt is the main document)

- expiration of the payment period under the loan agreement (everything is just as simple here, this is proven by a receipt (the repayment period is usually indicated in it, and the letter of demand which I recommended above be sent to the debtor).

— the period of delay and the grounds for paying interest (the period of delay will have to be calculated according to the calendar, but correctly calculating interest is somewhat more difficult and the calculation of interest is an individual matter)

If your receipt specifies high interest rates for late repayment, for example 1% for each day, then we calculate the interest as follows: loan amount * interest per day * period of delay. Remember that the court has the right, at the request of the debtor, to reduce the amount of interest at its discretion using Art. 333. Civil Code of the Russian Federation.

If it was written on your receipt that interest is paid at the refinancing rate, then they are calculated as follows: take the next day after the date of repayment of the debt and from that day count the number of days overdue. Then multiply the amount of debt by the refinancing rate (8.25 from September 14, 2012), multiply by the number of days overdue and divide by 360 days.

Offhand, there are no more subtleties here. If you don’t want to draw up a claim yourself, or you feel sorry for the lawyer’s money, then you can download a sample statement of claim for debt collection using a receipt from this link.

I also recommend that those who are planning to collect a debt read the text below, which the debtor can refer to in order not to repay the debt, or to repay it in a smaller amount.

Since the main purpose of my blog is propaganda financial literacy I should reveal the possibilities and for the debtor how to reduce the debt? How to reduce interest on late repayment of debt?

The following trouble happened: you were sued for non-repayment of a debt on a receipt. ask the court to collect from you the amount of the debt and interest that is greater than the amount of the debt or commensurate with it. How can we be here?

1) You cannot agree with the claim; if you agree with the claim, the court, without considering the case, will order to satisfy the claims in full

2) Before the court, when the judge asks about petitions, a petition should be filed to reduce the interest for late repayment to double the refinancing rate in accordance with Art. 333 of the Civil Code of the Russian Federation, and if you have a difficult financial situation, then you can ask for a refinancing rate.

3) If you did not receive money, then you can declare that the transactions were cash-strapped (for example, you were forced to write a receipt because you did not fulfill any condition). But if you go for it, then be prepared to prove it; if you say this in order to simply stall for time, it will only put you at a disadvantage in the eyes of the court. You can prove the lack of money of the receipt with the testimony of witnesses, but if you go for it, it is better if you file a lawsuit before you become a defendant, i.e. immediately after writing the receipt, and not after the return period).

4) If the signature on the receipt is not yours, you can file a petition for an examination, but it will be paid at the stage of the proceedings by the party who asks to do this (but I have collected more than ten debts on receipts, the defendant has never filed such a petition).

CLAIM for return of funds under a loan agreement

From: Dmitry Alexandrovich Vladimirov

Address: St. Petersburg, Pavlovsk st.

Embankment no. 1, apt. 86

To: Korin Sergei Nikolaevich

seven hundred eighty-one) ruble 00 kopecks.

on the return of funds under the loan agreement

On August 10, 2012, a loan agreement dated August 9, 2012 was concluded between me, Dmitry Aleksandrovich Vladimirov and Sergey Nikolaevich Korin.

The money was not returned within the period established by the contract. I repeatedly reminded you of the deadline and suggested that you voluntarily repay the amount of debt, but before today funds have not been returned.

November 2012

Vladimirov Dmitry Alexandrovich

How to correctly draw up a receipt for the repayment of a debt?

Lending is always a little risky. Therefore, in addition to a verbal agreement, it is imperative to insure yourself by drawing up a special document on debt collection. Before you understand how to correctly draw up a debt repayment receipt and consider a sample, you need to clarify several issues.

This is a document certifying in writing the fact of receipt of funds, material assets, documents, as well as the fulfillment of certain obligations.

The practice of writing receipts is most often carried out when transferring funds as a loan, when registering purchase and sale transactions, when transferring material assets for storage.

It is worth noting that a receipt for the repayment of the debt is a sufficient basis for its collection.

If necessary, this document can be used in court proceedings. A necessary condition is competent drafting this document about receiving money as a loan.

Basic rules for drawing up a receipt for debt repayment

The receipt for receipt and repayment of the debt is written entirely by hand. If a dispute arises in court about the authorship of a document, this makes it possible to prove its authenticity using handwriting examination.

For an unambiguous expert opinion, sometimes a signature alone is not enough, because not all of them can be guaranteed to be identified. This document does not require special forms; it is enough to draw up the document on a blank A4 sheet.

The debt repayment receipt must contain information about when and where it was drawn up. The document can indicate the date by which the borrower undertakes to repay the borrowed funds. You can also note the date and period within which the debt must be repaid. The deadline must be written in both numbers and words.

First, you should indicate the personal information of the person making the promise to repay the debt (borrower): full name, date of birth, series, passport number, by whom and when it was issued, registration address, place of residence. Additionally, you can specify contact numbers. Next, you need to register the personal and passport details of the person giving the loan (lender, creditor).

It is important to take into account that monetary obligations must be expressed in Russian rubles (Article 317 of the Civil Code of the Russian Federation). Therefore, if money is lent in foreign currency, the receipt may stipulate that the debt is to be repaid in rubles in an amount equivalent to the amount in foreign currency at the exchange rate of the Central Bank of Russia on the date of return/receipt or in conventional monetary units. The document must indicate the loan amount in numbers and words.

If money is lent at interest, it is necessary to indicate its amount and the period of compensation when it must be paid. You can also specify the amount of interest in case of late repayment of the debt.

The promissory note must clearly indicate what agreement it was issued in support of. As an example, if money was issued for repairs, the lender may claim that he lent the money and carried out the repair work with his own funds.

The date of writing is placed in the lower left corner of the receipt, and the signature is in the right. Please note that the document does not have empty spaces or spaces to avoid the possibility of writing something in.

It is advisable that when drawing up a receipt and transferring money, there should be witnesses who could subsequently confirm the fact of the transaction in court. In this case, it is necessary to indicate in the document that sum of money was handed over in front of witnesses. Be sure to enter the full personal information of witnesses and ask them to sign.

A receipt for receipt of money and repayment of debt does not have to be certified by a notary. But for additional security, you can have the document certified at a notary office. During court proceedings, a certified sample receipt can shorten the time for consideration of the case.

After the debt is repaid, the lender is obliged to return the promissory note to the borrower, having previously made a note that the debt has been repaid in full, putting a date and signature on the document.

What else should you pay attention to?

The borrower must sign in the presence of the lender. It is advisable, in order to avoid fraud, to compare the example signature with the signature in some other document.

It is definitely worth double-checking the borrower’s passport details and registered address. It is advisable to make for yourself a copy of the passport of the party taking the loan.

You should understand what “the fact of receiving money” means, since this concept is often encountered in court. As an example, the borrower may state that when signing the receipt he did not receive money or signed the receipt only about the terms of the loan, and not about the fact of receiving money. Therefore, in addition to signing and transferring funds in the presence of witnesses, you can declare the fact of receiving money in a receipt - “the money was received upon signing this receipt.”

Be careful when signing any documents, do not be deceived!

Sample Statement of Claim for debt collection by receipt

In Cheryomushkinsky district

Moscow City Court

117218, Moscow,

about debt collection

For a long time, the defendant did not purchase a consignment of goods. The defendant did not respond to my verbal demands for the provision of goods. In connection with this, on the year xx.xx.xxxx, I was forced to send a demand to the defendant for the return of funds due to the non-transfer of the consignment of goods.

Additionally, on the year xx.xx.xxxxx I sent a telegram to the defendant demanding that the above funds be returned within 30 days from the date of receipt of this telegram. This telegram was received by the defendant xx.xx.xxxxx.

The defendant did not comply with the demand for the return of funds within the time period specified in the telegram.

In accordance with Article 309 of the Civil Code Russian Federation obligations must be fulfilled properly in accordance with the terms of the obligation and the requirements of the law, other legal acts, and in the absence of such conditions and requirements - in accordance with business customs or other usually imposed requirements.

Article 310 of the Civil Code of the Russian Federation determines that unilateral refusal to fulfill an obligation and unilateral change of its conditions are not allowed, except in cases provided for by law.

Interest is subject to accrual on the amount of unjust monetary enrichment for the use of someone else's funds from the time when the acquirer learned or should have learned about the unjustification of receiving or saving funds (clause 2 of Article 1107 of the Civil Code of the Russian Federation).

Based on paragraph 1 of Art. 395 of the Civil Code of the Russian Federation for the use of other people's funds due to their unlawful retention, evasion of their return, other delay in their payment or unjustified receipt or savings at the expense of another person, interest on the amount of these funds is subject to payment.

In connection with the above and on the basis of Articles 309, 310, 395, 1102 of the Civil Code of the Russian Federation,

To collect from Dmitry Olegovich Petrov in favor of Ilya Alexandrovich Ivanov the amount of debt in the amount of 850,000 (eight hundred fifty thousand) rubles for unjust enrichment. To recover from Dmitry Olegovich Petrov in favor of Ilya Alexandrovich Ivanov interest in the amount of 566 (five hundred sixty-six) rubles 67 kopecks for the period from xx.xx.xxxx to xx.xx.xxxx. To recover from Dmitry Olegovich Petrov in favor of Ilya Alexandrovich Ivanov legal expenses in the form of a state fee in the amount of 11,705 (eleven thousand seven hundred five) rubles 66 kopecks

A copy of the statement of claim for the defendant (1 copy)
A copy of the receipt dated xx.xx.xxxx.
A document confirming payment of the state fee.
Copy of evidence of sending a request for debt payment
A copy of the telegram with evidence of its direction – 3 documents on 1 sheet
Copy of proof of delivery of the telegram to the defendant – 1 document on 1 sheet
Calculation of the amount to be recovered (2 copies) – 2 documents on 1 sheet
Power of attorney for representative __________

Sample request for debt repayment

My friend hasn’t given us 2,000 euros for two and a half years now. There is a receipt from him. I read the information on your website and decided to try to get my money back. I would like to see a sample request for debt repayment. Thanks in advance!

Kotyukh Maria Valentinovna

Lawyer, Moscow 410

Tatyana, good day!

AN EXAMPLE OF A SAMPLE request for debt repayment IS A LITTLE BELOW on this page in the answer of my colleague Alexander Kulikov. The demand for payment of the debt is written in any form.

In it, indicate that on such and such a date a loan agreement was concluded between me and the Debtor, this is confirmed by a receipt. In accordance with this agreement, the Debtor undertakes to pay the debt no later than the Nth day of such and such month of such and such year.

However, the funds have not been returned to date.

I ask you to repay your existing debt no later than this date, otherwise I will go to court to protect my interests.

It is necessary to take into account that from the moment the debt is overdue, unless otherwise discussed by you anywhere, interest for the illegal use of funds is calculated in accordance with Art. 385 of the Civil Code of the Russian Federation.

The most important thing is the delivery of the demand.

The best way to do this is in one of the following ways:

Personally deliver the original to the debtor, and ask the debtor to write information about delivery on the copy.

Send by mail: a letter with notification and a list of attachments.

Send by courier service.

In any case, it is necessary to verify that you sent the claim to the Debtor and that he received it.

Pre-trial claim - sample and preparation procedure

What should any pre-trial claim contain?

Full name of the recipient, his address

Grounds for the emergence of claims - the number and date of the contract, other document or description of the harm caused

The deadline for fulfilling the requirement is 10 calendar days, according to business customs.

A warning that if you fail to comply with the requirement within the specified time frame, you will be forced to go to court

Deadline for responding to a pre-trial claim under the law

Change or termination of the contract (except for rent) - 30 days
Termination of a bank account agreement – 1 month
Disputes about insurance compensation under MTPL - 5 days
Claims to tourism operators - 10 days

Disputes regarding the provision of communication services - 60 days and
some other disputes

How to show the court that the claim was filed

The proof is the postal receipt. Pre-trial claims must be sent by registered mail with a list of attachments. If you know several addresses of the defendant, send a copy of the pre-trial claim to each of them. Use all known addresses, including those listed on the website, and not just the legal address.

If you are in the same city as the defendant and he is a legal entity, it is also good to leave a copy of the claim at the reception of this company. Ask the secretary or other employee to mark the receipt of the pre-trial claim on copies of it. All this will exclude the possibility of the defendant appealing that he was not properly notified.

If you are sure that the defendant is not going to fulfill your demand pre-trial, you can do it easier and not wait for the expiration of the time limit allotted for the claim.

Practicing lawyers submit an application to the court a week after sending the pre-trial claim. While the court accepts the claim for proceedings, the defendant manages to receive the letter.

Download the pre-trial claim for the return of funds in Word format

As a general example of a claim, a claim is provided that can be used to recover a debt. It is suitable for both individuals and legal entities.

Here we wrote about claims for the protection of consumer rights when services are not provided

Claim based on a receipt between individuals - sample

The publication discusses the procedure for drawing up a claim for the return of funds against a receipt from an individual. Provisions are also provided on the procedure for submitting the document and on the collection of financial resources based on it.

Claim on receipt - what is it, regulatory framework

A receipt is an agreement between two persons, which contains the basic conditions for the provision of a loan by one person (the lender) to another (the borrower). Often many citizens neglect to draw up this agreement. But without it it is very difficult to prove the fact of transfer of money or return. This agreement has legal force and is based on the provisions civil code, namely Art. 810.

As a rule, the main conditions specify the method of return, the presence/absence of interest and terms. If after a certain period of time the borrower is in no hurry to repay the money, then it is recommended to act in accordance with the laws of the state.

First, you will need to file a claim against a receipt. Such a document represents a certain requirement from the lender to the borrower.

In other cases, at the discretion of the citizen, a pre-trial procedure can be used or a statement of claim can be drawn up.

Important! Drawing up a claim is mandatory only in two cases: when the terms of provision of financial resources provide for this, or when the receipt does not indicate specific repayment terms.

How to file a claim against a receipt

A claim for a debt receipt is drawn up according to the sample. However, it does not have a set form. It can be written by hand or printed on A4 sheet. The text should not contain errors, blots, strikethroughs, personal statements, swearing or other obscene words.

Compilation rules

The text must describe the details of the parties. In addition, you need to indicate the basis document, namely the receipt itself, which reflects the main conditions for the transfer of money and their return.

It is also necessary to refer to the legislative acts regulating this situation.

Next, you need to indicate by what period the borrower needs to repay the debt obligation, and how to do it (cash, non-cash). If you use the second method, you will need to write the account details for the transfer.

Pay attention! The demand for repayment of the debt must be signed by the creditor and dated.

It is required to make two copies: one for the person to whom the money was lent, and the second for the individual who provided it.

Claim for refund of funds by receipt, sample

Sample pre-trial claim based on a receipt between individuals

A claim for a receipt between individuals (sample) consists of three parts and contains the following details:

Introductory:

last name, first name, patronymic of the lender;
residential address (zip code, region, city, street, house, etc.);
contact phone number;
last name, first name, patronymic of the recipient;
residential address (also in full).

Main:

date of receipt;
a brief overview of its conditions (terms, amount, etc.);
reference to legislation (Article 811 of the Civil Code);
return request;
calculation of interest (if any);
period for consideration of the claim.

Final:

date;
signature;
list of applications (if available).

As a general rule, a citizen is obliged to repay the debt within a period of up to one month from the date of filing the claim.

Additional information! Drawing up such a document is quite simple. A claim for a refund against a receipt can be found on the Internet, or contact specialized companies. The latter will help you fill out the required form legally and correctly. However, you will have to pay for their services.

Filing a claim against a receipt for debt repayment

In order for the letter of claim to have legal significance, it is necessary that the second party to the debt relationship receives it. This can be done in two ways:

give in person;
send by post.

Personal delivery is a quick and less expensive method. However, the debtor does not always make contact. If you managed to hand over the claim in person, then it is necessary for the recipient to make a note on the lender’s copy that he received it. This note is accompanied by a date and signature.

If it was not possible to give it in person, then you need to send it by registered mail with notification. This procedure will take more time and money (to pay for the envelope and postal services). But the claim maker will have a document (for example, a receipt, a scanned copy of tracking, etc.) that the second party received it.

The procedure for collecting debt by receipt

Collection can be made in two ways:

in a pre-trial manner;
in judicial

Which one to choose is up to the citizen to decide. However, in some cases (described above), the first technique must be used first.

Sample statement of claim

If compensation upon request is not completed, then you have the right to file a claim in court. Attach documents confirming the transfer of money. As a rule, this is a receipt drawn up between individuals. In addition, when drawing up a claim, you will need to attach it. If it was sent by mail, then a shipping receipt (on which there is a tracking number) and a tracking screen on the official website of the mail. If a letter with a notification was sent, then this notification is returned to the sender, provided that the letter is delivered to the addressee. The notice bears the date of delivery and the signature of the recipient.

In addition to supporting documents, a copy of the passport and a receipt for payment of the state fee are attached to the claim.

Thus, what to do in case of non-repayment of the debt: to act or to try on the role of a benefactor and forgive the debt - it is up to the creditor to decide. But if a citizen is going to return the money, he must first draw up a receipt when providing the money, which describes in detail all the conditions. Upon expiration of the debt repayment period, you need to file a claim indicating further actions. If this does not help, then you can safely go to court.

The article was written based on materials from the sites: yuridicheskayakonsulitatsiya.ru, iskiplus.ru, kleotur.info, sudtut.ru, shtrafsud.ru.