Supreme Court Republic of Adygea (Republic of Adygea) - Civil and administrative
The donation agreement, or that when transferring the specified share as a gift, any counter provision took place. The loan agreement in the required written form (Articles 807, 808 of the Civil Code of the Russian Federation) was not executed, receipts for receiving, repaying the loan were not presented. In addition, the trial court rightly pointed out that the plaintiffs did not indicate what exactly was expressed ...
Kirov Regional Court (Kirov Region) - Civil and administrative
By the fact of transfer of funds, refusing the claim, they proceeded from the fact that the parties had not concluded a written agreement. These conclusions contradict the provisions of Articles 807 and 808 of the Civil Code of the Russian Federation. In accordance with Part 1 of Article 807 of the Civil Code of the Russian Federation, under a loan agreement, one party (the lender) transfers or undertakes to transfer ownership to the other party (...
2014 for six months, paying interest at 4% per month. Resolving claims Shevchenko AND.The. in essence, the court of first instance, guided by articles 807, 808, 810, 395 of the Civil Code Russian Federation, articles 56, 60 of the Civil Procedure Code of the Russian Federation, based on an assessment of the evidence presented, including the submitted receipt dated 10 ...
Volgograd regional court (Volgograd region) - Civil and administrative
Signs, and the borrower undertakes to return to the lender the same amount of money (loan amount) or an equal amount of other things received by him of the same kind and quality. Article 808 of the Civil Code of the Russian Federation establishes requirements for the form of a loan agreement, according to which, in support of the loan agreement and its terms, a borrower's receipt or other document may be submitted ...
Borzinsky City Court (Zabaikalsky Krai) - Civil and administrative
Less than ten times the statutory minimum size remuneration, and in the case when the lender is a legal entity, regardless of the amount (clause 1, article 808 of the Civil Code of the Russian Federation). According to Art. 434 of the Civil Code of the Russian Federation, an agreement may be concluded in any form provided for transactions, unless a law or an agreement of this type establishes ...
Dzerzhinsky district court of Volgograd (Volgograd region) - Civil and administrative
The number of other things he received of the same kind and quality. The loan agreement is considered concluded from the moment of transfer of money or other things. According to paragraph 1 of Art. 808 of the Civil Code of the Russian Federation, a loan agreement between citizens must be concluded in writing if its amount exceeds at least ten times the minimum amount of payment established by law ...
Kirovsky District Court of Rostov-on-Don ( Rostov region) - Civil and administrative
Concluded in writing if its amount exceeds ten thousand rubles, and in the case when the lender is a legal entity, regardless of the amount (paragraph 1 of Article 808 of the Civil Code of the Russian Federation). By virtue of paragraph 1 of Article 809 of the Civil Code of the Russian Federation, unless otherwise provided by law or a loan agreement, the lender has the right to receive from the borrower ...
Morgaushsky District Court ( Chuvash Republic) - Civil and administrative
And its conditions can be presented with a borrower's receipt or other document certifying the transfer to him by the lender of a certain amount of money or a certain number of things (part 2 of article 808 of the Civil Code of the Russian Federation). Thus, in order to qualify the relations of the parties as borrowed, it is necessary to establish the appropriate nature of the obligation, including the achievement of an agreement between them on the obligation of the borrower to return the received money to the lender ...
What are the features of the simplified debt collection procedure? How does the debt collection service work with the return of debt for utilities? When and by whom is it possible to buy debts?
Hello everyone who visited our site! With you expert - Denis Kuderin.
We continue the series of articles on loans, debts and their timely return. The topic of this publication is "Debt Collection". The material will be of interest to both debtors and creditors.
Those who read this article to the end are in for a guaranteed bonus - tips on how to deal with the debt collection service in order to avoid trouble and maintain mental health.
AT last years due to deterioration economic situation in Russia, many citizens have decreased income levels.
At the same time, prices for services and goods are constantly growing, which negatively affects solvency and the ability to pay debts in a timely manner, including loans and borrowings.
According to economic dictionaries, duty is an amount of money taken by one person from another person for a specific period under certain conditions and in without fail refundable.
The final part of the definition is especially important. The debt must be repaid in full - with interest due and on time. Failure to return the debt entails the accrual of fines, late fees, and other sanctions by the creditor.
But what to do when the debtor does not return debts? In this case, the creditor has the right to initiate the debt collection procedure.
There are three stages or types of debt recovery:
The lender has the right to use any of the methods of repayment of the debt, which he considers necessary. The most preferable option for both parties is pre-trial settlement of the dispute. In this case, there are no costs for litigation and the time for the recovery procedure is reduced.
In some situations, it is more beneficial for the creditor to initiate legal proceedings. Financial institutions and individuals can collect debts in a simplified manner. For this, it is necessary that the situation satisfies certain conditions.
For example, you need a loan agreement that provides. Either an unconditional recognition of the fact of debt by the debtor himself or the presence of a receipt as indisputable evidence of the transfer of money is necessary.
In such cases, writ proceedings are initiated, which, unlike executive proceedings, are carried out in an accelerated mode and do not require the presence of the defendant at the court session. The result of expedited proceedings is an order for the enforcement of debt collection or the recovery of the debtor's property.
Since January 2017, the authorized structures have the right to collect debts for the "communal" in a simplified manner. Organizations initiate a lawsuit, the court, on the basis of the evidence presented, issues a writ of execution, which is sent either directly to the debtor's bank or at his place of work.
As a result, the required amount is deducted from the account or salary of the non-payer. At the same time, no one asks the debtor for consent to the procedure - the decision is made unilaterally. True, the citizen has 10 days to appeal the court decision.
The procedure is undertaken in relation to persistent defaulters whose debts exceed a certain amount. In the same way, authorized structures have the right to deal with alimony debtors.
More details on this topic - in the article "".
Lenders have the right to return their funds by any means - of course, within the law. In turn, the debtor has the right to offer his own version of the calculation if he does not have time to return the money within the agreed time.
Now more about the most common ways to collect debts.
The pre-trial debt collection procedure allows the creditor to return his funds without involving the court. To do this, the lender needs to convince the debtor that he still has to repay the debt, but it is better to do this without involving third parties.
If the return at the appointed time is impossible for any reason, the parties agree to postpone the “X-hour” to a later time or agree on a loan restructuring. In this case, the terms of the loan will change.
Trial- a very effective way to return funds, provided that the fact of transferring money is documented and proven. In the case of bank loans, there will be no problems with evidence, since the creditors have a contract drawn up in accordance with all the rules.
In the case of private loans, the main evidence is a receipt, also drawn up in accordance with all the rules. If there is no such receipt, the chances of winning the case are reduced. To prove the fact of the debt, witnesses or other evidence of the transfer of money are needed.
Evidence is:
The result of a successful litigation for the creditor is a writ of execution or an order for a forced return of funds. The debtor has a legal right to challenge the judgment within a specified period.
True, the presence of a writ of execution does not yet guarantee a 100% refund. This document still needs to be "cashed out". The writ of execution is transferred to the bailiffs, and they choose the most appropriate method of recovery.
For example, they may seize the debtor's property in order to sell it later at auction. Or the sheet is sent to the place of service of the borrower, and the funds are debited from his salary. The document can be transferred to the pension fund, in educational institution or to the debtor's bank, if the latter has funds in the account.
The creditor has the right to assign the debt to third parties - companies that professionally deal with debt collection. These organizations are called collection agencies. They act on commercial basis and for their services they take up to 50% of the existing debt.
The transfer of the recovery procedure to third parties is especially popular with banking institutions. AT loan agreements there is usually a clause that gives banks the right to resort to such a method of influencing debtors in the event that the latter fail to fulfill their obligations.
Fortunately for negligent payers, the powers of collectors have recently been strictly limited by law. In fact, they have no more rights than employees of the so-called call-centers of banks. Their main function is to inform the client about the occurrence of debt.
Claimants are prohibited from:
In a civilized society, a professional collector is not a threatening figure, but a kind of "debt doctor" who helps "patients" find the most acceptable way out of the current situation.
Of course, professionals have their own secrets and tricks that help them achieve success, but a person with minimal legal literacy is able to effectively resist the pressure of claimants and protect their legal rights.
In the table, the disadvantages and advantages of each of the debt collection methods are presented in a visual form:
| № | collection method | Advantages | Flaws |
| 1 | pre-trial | The creditor does not spend on legal costs | Return is not guaranteed |
| 2 | Judicial | High probability of a refund | Litigation costs time and money |
| 3 | Extrajudicial (assignment to third parties) | Debt collection activities are handled by professionals | Debt collectors charge up to 50% of the debt for their services. |
We figured out the types of collection, now let's move on to the tools.
Banks and individuals use many options to influence the debtor. The main goal of such events is to constantly keep the loan recipient aware of the existing debt and motivate him to return the funds.
Calling the debtor is the first thing bank employees do when they discover delays. First call to mobile or home phone handed out during business hours.
The first conversation in most situations takes place in a polite tone. No one will immediately scare you with sanctions and fines, threaten to transfer the debt to collectors and, in general, put pressure on the psyche. You will simply be reminded of the existence of a debt and indicate a specific date when the debt needs to be repaid.
Further conversations will be tougher and more specific. You may be invited to a conversation with a banking organization to resolve the issue on a voluntary basis. If you continue to ignore the offers of the creditor, he has the right to move on to the next phases of action.
In addition to calls, creditors and their representatives use SMS informing the debtor. The content of such messages ranges from extremely restrained to close to threatening.
Examples
“In order to avoid calls to your employers, urgently pay off your loan debt. Sincerely, NNN Bank.
“The longer you don't pay, the bigger your debt becomes. At the moment it is 50,555 rubles.
“If you do not pay the debt by January 15 of this year, the bank will blacklist you as malicious defaulters.”
Advice to debtors - keep all messages from the bank. May be useful in litigation.
Another type of influence is letters. They, too, are neutral in content and threatening. In the latter case, save the document - again, to present in court if the case comes to trial.
If within a month or two calls and letters had no effect, the creditor resorts to more efficient procedures. Representatives of the bank or private lenders can come to the borrower's home or contact the place of work.
Again, no one has the right to threaten the property, and even more so the health of the debtor, but such events can cause psychological discomfort, a sense of shame and a desire to pay off debts. And that's enough for the lender.
As a rule, banks do not sell debt directly to collectors, or do so in extreme situations. Typically, creditors act on the basis of an agency agreement with a financial company.
That is, collectors, in fact, act as representatives banking organizations although they act in their own name.
The actions of claimants are not always limited by legal framework. Even if they do not resort directly to threats and personal contacts, they can search for compromising evidence on the debtor, find out his financial situation, and communicate with relatives and employers.
For example, they can meet with the parents of the defaulter and describe to them in all colors the consequences of not paying back the debt. Or stick up leaflets of the appropriate content in the entrance and on the doors.
The return of debts in a situation where the debtor is not eager to pay off as soon as possible is a phased and long-term event.
Consider the main stages of this process.
First of all, the creditor needs to analyze the current situation and try to find out why the debt has formed. Perhaps the debtor is not able to repay the debt on time as a result of force majeure, illness, dismissal.
If so, you should offer him to restructure the loan and reschedule the return of funds. Sometimes this procedure is beneficial to both parties.
It happens the other way around - the debtor says that he has no money, but he himself posts photos of a recent vacation abroad on social networks. The lender must keep track of such facts and choose best strategy behavior.
The debtor must know that the creditor has not forgotten about him and is patiently waiting for the return of his money. To do this, bank employees or individuals by all means inform their "client" about the presence of a debt or delay. We have already talked about the tools of influence above - calls, SMS messages, letters.
The next step is a formal claim. It is needed not only to notify the debtor, but also acts as an official document in legal proceedings. The paper confirms that the collection was carried out in accordance with all the rules.
The claim is drawn up in free form, but it must contain the debtor's data, the amount of debt, dates and terms. If the case goes to court, this document will need to be attached to.
If the steps listed above did not bring results, the creditor has the legal right to turn to third parties - collectors. These people know how to overshadow the life of even an incorrigible optimist.
Another thing is that there are not so many legal means in their arsenal - fortunately for the debtor and to the chagrin of the creditor.
If the claimant understands that all methods of influence are ineffective, he has only one way out - to go to court. Not only banks, but also individuals, as well as collectors or those hired by the lender, have the right to do this.
But first, the debtor will be sure to receive a notification that the lender has exhausted all methods and is forced to initiate legal proceedings. The defaulter will be given the last chance to pay off the debt - for example, within 10 days. If he does not do this, the court will not be avoided.
To confirm the right to collect a debt, a bank or an individual must prepare a package of documents. This includes contracts, receipts, debentures, acts of transfer of property, invoices.
You will also need evidence of an appeal to debtors with a request to repay the debt - copies of letters, claims, postal receipts.
Debt cases are the most common processes in civil litigation. Claims are accepted quickly, but the proceedings themselves often last several months.
In a number of situations, a simplified procedure for considering a case and making a decision is allowed. However, in any case, the presence of a writ of execution or an order is not yet a guarantee of a refund. The execution of a court decision is a separate stage of recovery, the duration of which no lawyer can predict.
For a better idea of the methods and stages of debt collection, watch a short video.
If the creditor does not want or does not have time to deal with debt collection on his own, he delegates this process to professional organizations.
Especially for our readers, we have prepared an overview of the three most reliable and competent companies of this profile.
The lawyer Noskov Igor Yuryevich will help the residents of Moscow to resolve the issues of debt collection.
Pre-trial settlement of a debt dispute, judicial resolution of a problem, actual recovery of debts - any of these situations requires the participation of a professional with extensive experience and an extensive portfolio of successful cases, able to understand the situation and advise any of the parties.
You can sign up for a consultation with Igor Yuryevich by filling out a simple form on the website. After sending the application, you will be contacted within 15 minutes.
Professional lawyers and advocates of this organization provide citizens and legal entities with a full range of debt recovery services. Regular representatives of the "Credit Lawyer" use only legal methods in their work.
They assess the situation from a legal point of view and develop the most effective set of measures in a particular situation. Lawyers will help to resolve the dispute out of court, provide support in court and speed up the process enforcement proceedings after the decision has been made.
International Collection Agency engaged in debt disputes and recovery of funds since 1995. The organization conducts, works with private creditors and takes on the most complex cases from a legal point of view.
In particular, the client will not receive a refusal, even if the debtor has gone abroad or is hiding. The company will help with the return of funds even if the deadline has passed limitation period or the creditor does not have documents confirming the transfer of money. If you don't know, just call the ICA and get advice.
OPG is a bar association that has been operating since 2001. The main direction is the protection of entrepreneurs and commercial structures. The company collects debts, conducts bankruptcy and liquidation procedures, defends clients in court and assists in any legal disputes.
The firm employs lawyers, lawyers, arbitration managers, professional appraisers and experts. All employees have extensive practical experience and qualifications, confirmed by diplomas and certificates. The cost of debt recovery services is from 9,000 rubles.
The limitation period is the period during which the creditor has the right to apply to the court for debt disputes. According to civil law, such a period is 3 years.
The report starts from the first day of delay in payment. The limitation period for interest is calculated separately from the principal amount. If the plaintiff has a good reason, the statute of limitations may be extended by a court decision.
So, if the creditor found the debtor's failure to fulfill his obligations, he has the right to file a claim with the court within 3 years. In the case of bank loans, the report claim period starts from the moment the client makes the last payment.
And finally, a few useful tips debtors. To repay debts is, of course, right, but not to repay is not good. However, in life there are different situations - including those when there is no way to return the money.
So, what you have been waiting for so long has happened. Finally, you have received a writ of execution on the recovery of a very decent amount of money from the debtor and are looking forward to the return of your "hard money". It's good if your debtor has money, and even better if he has a desire to return it to you. But it is no secret that cases of quick and easy repayment of overdue debt are quite rare. Most likely, by the time you received the writ of execution, you had already tried a lot: you negotiated with the debtor to pay off the debt, sent him claims with detailed description legal consequences of debt evasion, filed a lawsuit, won the process and received a decision. At the same time, a significant period of time has passed: on average, typical accounts receivable cases last from six months to a year. As practice shows, in most cases, winning the court is only half the way that the claimant has to go. The second half, if your debtor is not financially sound, falls precisely on the enforcement of a court decision.
There are several options for how you can present a writ of execution for collection. According to federal law"On Enforcement Proceedings", you have the right to submit an enforcement document to the territorial office of the Service bailiffs. This may be a branch located both at the place of residence (registration) of the debtor, and at the place of his stay (actual location), as well as at the location of his property.
In addition, you can bypass the appeal to bailiffs and submit a writ of execution to the bank where the debtor's current account is opened. To find out which bank the debtor uses, contact any tax authority with an application for the provision of information about the accounts of the debtor - and you will be able to receive this information after 7 days. And if your debtor is a citizen from public sector, then you can start with Sberbank: given the share of the banking market that it occupies, the chances of writing off the debtor's money “at random” are quite high. The bank that received the executive document from the recoverer is obliged to independently establish accounts and write off cash from all available accounts within the amount specified in the writ of execution.
Finally, an executive document can be presented to an organization that pays periodic payments to the debtor-citizen (salary, pension, stipend). This can be the debtor's employer, a pension fund, an educational institution, etc. The legislation allows this method of recovery if the amount of the debt does not exceed 25,000 rubles, or if harm to health is compensated under an executive document, alimony or other periodic payments are collected.
If it is impossible to collect a debt with the help of banks, an employer and other organizations, then you should contact the Bailiff Service.
Enforcement proceedings are initiated by a bailiff-executor on the basis of an application by the recoverer or his representative. The original writ of execution and the power of attorney of the representative (if he himself signs the application) is attached to the application for initiating enforcement proceedings.
Before filing a writ of execution, it is important to check whether the three year term to present a writ of execution, whether all necessary information the executive documents are indicated (see the list of requirements in Article 13 of the Federal Law “On Enforcement Proceedings”) and whether there are errors in the executive document. Otherwise, the bailiff is obliged to refuse to initiate enforcement proceedings. However, it should be noted that, for example, in recent years arbitrage practice is critical of refusals to initiate enforcement proceedings due to the lack of information on the place of birth of the debtor in the writ of execution, pointing out the insignificance of this identifying information (see Resolution Arbitration Court of the Urals District of October 7, 2015 in case No. A60-19042/2015).
Particular attention should be paid to the power of attorney, that is, the powers of the representative. The text of the power of attorney must indicate the right of the authorized person to present and withdraw the executive document. Otherwise, the bailiff will issue a decision to refuse to initiate enforcement proceedings and return the writ of execution. It is also worth knowing about other powers of the representative, which are specifically stipulated in the power of attorney. These powers are:
Thus, when preparing a power of attorney, it is necessary to check whether the scope of the powers specified in the power of attorney corresponds to the powers that are really necessary when representing the interests of the claimant.
It is important to carefully consider the content of the application. In the application, you must indicate petitions for the seizure of property that you know about:
Sometimes, due to a lack of information in the application, the bailiff conducts enforcement proceedings for several months, while this could be done much faster.
We recommend that when submitting documents to the office of the bailiff department, immediately ask which of the bailiffs-executors will receive the writ of execution, find out the number of his office and contact number. The claimant's application and the executive document are transferred from the office to the bailiff within 3 days. It is important to monitor compliance with this deadline (you can call or come again). In enforcement proceedings, non-working and holidays are not taken into account when determining the time limit. In practice, there are cases when, without any legal grounds, an executive document can lie in the office for more than a year.
The bailiff-executor within three days from the date of receipt of the executive document to him makes a decision to initiate enforcement proceedings or to refuse to initiate enforcement proceedings. This process also cannot be ignored: if necessary, you need to remind the bailiff of the deadline established by law.
It is noteworthy that the claimant has the opportunity to receive information about the progress of enforcement proceedings using Email. To do this, you must provide your e-mail address in the application for the initiation of enforcement proceedings or in a separate notice. In addition, it became possible to send electronic appeals through Personal Area parties of enforcement proceedings on . Electronic interaction in this field is still being improved, but it is already yielding its modest fruits, allowing you to quickly receive and transmit information, statements and petitions.
Information on the initiation of enforcement proceedings and the data of the bailiff who conducts the proceedings can also be obtained from the Data Bank of enforcement proceedings on the website of the Bailiff Service. In addition, you can subscribe to changes in information on the enforcement proceedings of your debtor, which is very useful.
In addition, we recommend that you subscribe to the change of information about the debtor on the site. If a bankruptcy case is initiated against the debtor, you will have two months (from the date of publication) to include your claims in the register of creditors' claims for their subsequent satisfaction from the bankruptcy estate of the debtor. At the end of the procedure, the bankrupt organization will be excluded from the register legal entities, and a bankrupt citizen can be released from paying debts.
After the initiation of enforcement proceedings, the bailiff sends electronic requests to Rosreestr, the Federal tax service, traffic police, Pension Fund Russian Federation, to banks with which it is organized electronic document management, registry office, GIMS, Rostekhnadzor, mobile operators, the Federal Migration Service. Answers to requests, as already noted, come to the bailiff within a few days, and some - within a few weeks.
If there is an urgent need to seize the debtor's property, then it is necessary to agree with the bailiff on a joint departure, if possible, providing vehicles. It is best to go to the debtor in the very first days of enforcement proceedings, that is, while he still does not know about the initiation of the enforcement procedure. In this case, the debtor may not have time to transport liquid property to another place or “draw” documents confirming the disposal of property from his property.
During the departure, insist (or better, agree with the bailiff in advance) on the preparation of an act-inventory of the property, the issuance of a decision to seize the property and transfer the seized property for safekeeping to you (with the exception of real estate, which cannot be transferred to the claimant for safekeeping). If property, when an arrest is made on it, is transferred for safekeeping to the debtor or members of his family, then the debtor must be warned in writing about criminal liability under Art. 312 of the Criminal Code of the Russian Federation "Illegal actions in relation to property subjected to an inventory or arrest or subject to confiscation."
If the amount of the debt is more than 2,250,000 rubles, remind the bailiff of the need to warn the debtor of criminal liability under Art. 177 of the Criminal Code of the Russian Federation "Malicious evasion of repayment accounts payable". In the future, this may give additional features to induce the debtor to repay the debt.
If the debtor interferes with the bailiff or refuses to comply with his legal requirements, then he may be held administratively liable under Art. 17.14 Administrative Code of the Russian Federation. By the way, under this article, any persons and organizations that do not comply with the requirements of the bailiff to provide information, transfer money, etc. can be fined.
The bailiff has the right to restrict the debtor from leaving the Russian Federation for six months if:
If the amount of recovery is from 10,000 to 30,000 rubles, then such a measure may be applied after the expiration of two months provided for the voluntary execution of a judicial act.
If six months after the issuance of the judicial act, the debtor still has not repaid the debt, the bailiff may re-impose a ban on leaving Russia. It is important for the recoverer to monitor the completion of the specified deadlines and remind the bailiff of the need to re-issue a decision to restrict the debtor from traveling abroad.
The first step is to collect money from the debtor. Until all his bank accounts are checked, the seized property will not be put up for sale. Therefore, it is important to find out whether the debtor's existing accounts have been checked, whether there are bank responses in the case. If there is no money in the debtor's bank accounts or there is not enough money, the bailiff begins the assessment and sale of the seized property.
The assessment and sale of the debtor's property is carried out by specialized organizations. At an open auction in the form of an auction, the following are sold:
The Federal Property Management Agency is in charge of organizing and conducting the auction. Information on the sale of property at auction is published in periodicals and on.
If the property is not sold after the first auction, then the bailiff reduces its value by 15% and puts it up for auction again. If the repeated auction did not take place, the bailiff offers the claimant to take the unsold property with a decrease in value by 25% from the initial price to pay off the debt. If the creditor does not take the unsold property within five days after receiving the offer, then it is returned to the debtor. By law, the sale of property is carried out within two months, but in practice this procedure takes three months to two years (this depends on the promptness of the bailiff, appraiser, seller, as well as on the involvement of the claimant in the process of selling).
It is impossible not to mention the simplified procedure for the sale of property worth less than 30,000 rubles. In the event of seizure of such property, the debtor has the right, within ten days from the date of notification of the assessment, to file a petition for its independent sale. The bailiff may give the debtor the opportunity to sell the property within ten days. The claimant, after receiving the property valuation, also has ten days to file an application to retain the property. In the absence of a petition for independent sale by the debtor or the unsuccessful sale of property by the debtor, the bailiff offers the property to the claimant in repayment of the debt. If the claimant refuses to accept it, the property is transferred for compulsory sale in the usual manner.
Thus, the first debtor is granted the right to sell property worth less than 30,000 rubles. Then the right to take the property on account of the debt is granted to the claimant. If there are several claimants who filed an application, then the first one will be the one whose requirements are higher in the order established by Art. 111 of the Federal Law “On Enforcement Proceedings”, and if the claimants belong to the same queue - the one whose sheet was submitted for compulsory execution earlier than the other.
It is important to take into account that the debtor-citizen has executive immunity, established by Art. 446 Code of Civil Procedure of the Russian Federation. Residential not subject to sale real estate, which is the only suitable for the debtor and his family to live.
Disputes regarding the granting of immunity to multi-meter houses and apartments of the debtor still do not subside. The Constitutional Court of the Russian Federation recommended that the legislator develop the necessary legislative framework to overcome immunity living space exceeding social norms for housing, and there were several bills that failed. Nevertheless, the issue is being discussed, and someday it will be put to rest.
It is worth noting two important aspects. Firstly, immunity implies a prohibition of sale, while the seizure of property is not prohibited. Therefore, when opening an inheritance within the value of the inherited property, the heirs will be responsible for the debts of the testator, and if the property is escheated, it will be inherited by the state represented by the Federal Property Management Agency or the municipality (if inherited land or Residential Properties). It is important that the arrest imposed on the debtor's residential property is maintained and that the enforcement proceedings are not erroneously terminated or terminated.
Secondly, while the legislator is thinking about how to properly foreclose on a part of the debtor's multi-meter residential premises, a judicial practice has appeared that makes it possible to allocate part of the property (one or several rooms) and sell it at auction. It's pretty bold, progressive, but not too common.
In enforcement, an important issue is whether the debtor has common property acquired in marriage. Sometimes all property is registered to the spouse, and here the bailiff has a rarely used opportunity to request information about such property and seize it until the issue of allocating the debtor's share from the common property of the spouses is resolved.
By law, the requirements contained in the executive document must be executed by the bailiff within two months from the date of initiation of enforcement proceedings. This does not mean that the debt will be collected in two months. Also, this does not mean that the bailiff will issue a decision to end the enforcement proceedings.
The expiration of the deadlines for the performance of enforcement actions and the application of enforcement measures does not entail consequences in the form of the end of enforcement proceedings. The executive document may lie with the bailiff for years. Therefore, an appeal against the inaction of the bailiff due to a delay of two months may turn out to be futile. A higher official (senior bailiff of the department) or the court will refuse to satisfy such an application.
In practice, appealing against the actions of the bailiff leads to excessive formalism in his work on your case. Therefore, it is better to have a trusting relationship with the bailiff.
We recommend complaining to a senior bailiff, prosecutor's office or court only when it comes to a significant violation of your rights (for example, if the bailiff commits illegal actions or if there is information and facts that the bailiff is in collusion with the debtor). We recommend that you notify the bailiff of your intention to file a complaint: perhaps the bailiff will correct the mistakes made or stop inaction, and you won’t have to complain.
The article was written specifically for the site
bankruptcy, execution of judgments, collection services
The economic situation in recent years is such that the problem of overdue debts is particularly relevant. Often there are such debt disputes, the resolution of which is possible only in court. The reasons for non-payment of debt are many, including not only insufficient funds, but also unwillingness to pay. The most effective method of recovering borrowed funds is to go to court. Non-related debt cases entrepreneurial activity, are considered in the world and district courts, debt disputes between legal entities - in arbitration. Debt collection, both from individuals and legal entities, is a process that requires certain knowledge and considerable work experience. The specialists of our legal agency "YurFact-MSK" will advise you on all issues, as well as provide qualified protection for your debt dispute.
Debt collection from legal entities: features
Not every commercial company fulfills contractual obligations in a timely manner. Business partners do not pay for goods and services for various reasons, but any enterprise is interested in increasing income, sales market and sphere of influence. It is possible to collect debt from a legal entity not only in court. This is an extreme measure, which is usually resorted to when all methods of repaying debts have been exhausted. In half the case, the dispute can be settled by amicable agreement. But, if this method did not give a result, you should not waste time - file a claim for debt collection in court.
If the plaintiff has documentary evidence of the debt, the likelihood of its return in court is quite high. These can be documents such as a receipt, contract, testimony of witnesses and other written evidence indicating the transfer of money. The specialists of our legal bureau "YurFact-MSK" are competent in matters of debt recovery and have sufficient experience to solve such problems. We are ready to provide you with professional support, both at the pre-trial stage of the settlement of the issue, and during the trial. Cooperating with us, you will be able not only to repay the debt, but also to obtain compensation for the delay and legal costs.
Many, for sure, have heard the popular proverb "We borrow other people's money, but we have to give our own." So that the loan does not turn into an unbearable burden, this issue should be approached reasonably and civilized. Our experts with considerable experience in debt collection provide the following services:
Debt collection in court guarantees a full refund, of course, provided that there is evidence of the transfer of money. If the court decides in favor of the borrower, he receives a writ of execution, on the basis of which the debt is paid. There is also such a mechanism for collecting debts from individuals as an order production. Such cases are considered faster, without trial in court, and the result is issued in the form of an order for the enforcement of debt collection.
The procedure for collecting debt in court from individuals and legal entities is practically the same. The only difference is that in the case of legal entities, the responsibility lies with the commercial structure. Debt collection in court is carried out in several stages:
The law firm "YurFact-MSK" will help resolve debt cases of any complexity. Entrust your problem to our qualified lawyers who will help you get your money back in a short time.
The specialists of our debt collection agency are highly qualified and constantly improve their level of knowledge. Thanks to our extensive experience, we can prevent failure and get the desired result for the client. In our activities, we comply with the law, which renders unfounded any claims made by the defendants. Our law office guarantees that all actions taken are legal, every document is verified, and the debt collection period is strictly observed.
By contacting our experienced lawyers, you can save not only money, but also time. As you know, debt collection, both from individuals and from legal entities, takes a lot of time. By entrusting this problem to us, you get more time to run your business. We will also do our best to ensure the claim, because often the counterparty in debt urgently sells the property. We guarantee the return of the debt, as our specialists know all the nuances of resolving debt cases and have considerable experience in the legal field.
Our consultants will quickly answer all your questions and recommend tactics further action and, if necessary, provide full support for your case. For more information about our services, please fill out online application or by contacting us by phone. We guarantee high quality of services, individual approach to each client, successful solution of any problems.
Litigation for the recovery of debt
Actually trial- this is the third part of the civil process, in which the court of first instance considers and resolves the civil dispute on the merits. At this stage, the court directly applies the norms of substantive (CC RF) and procedural (CPC RF) law.
The trial is carried out in accordance with the regulations and according to the rules enshrined in the Code of Civil Procedure of the Russian Federation. General term The period allotted by this Code for consideration and resolution of a dispute is two months, it is calculated from the moment the plaintiff applies to the court until the court makes a decision on the case. This rule applies to legal proceedings carried out in courts of general jurisdiction. The time limit for considering a civil dispute by a justice of the peace has been reduced to one month and is calculated from the moment the application is accepted for proceedings. In relation to a certain category of cases, the two-month period can also be reduced to a month, for example, in cases of reinstatement, recovery of alimony, etc.
The trial of a civil case takes place in a court session with the obligatory notification of the persons participating in the case of the time and place of the session.
The leading role in the court session is assigned to the presiding judge, i.e. the judge who carries out the proceedings. In the event that the consideration of a civil case is carried out by a panel of judges (usually three federal judges) in district court of the city, one of the judges considering the case, or the chairman of the relevant court is appointed presiding. In sessions of other courts, for example in court municipality In addition to one of the judges participating in the consideration of the case and the chairman of the court, the deputy chairman of the relevant court may also be appointed presiding.
The duties of the presiding judge include creating conditions for a comprehensive and complete study of the evidence and circumstances of the case, observing the rights and legitimate interests of the parties. The presiding judge analyzes and eliminates from the trial everything that is not related to the case under consideration. In case of objections of any of the participants in the proceedings regarding the actions of the presiding judge, these objections are recorded in the protocol of the court session. If disagreements arise between the members of the panel of judges considering the case, they are resolved by voting. In this case, the judge presiding at the meeting votes last.
The presiding judge explains to the participants in the process their rights and obligations, gives explanations regarding their actions, and in the case of a collegiate consideration of the case, explanations are given by the entire composition of the court. The duties of the presiding judge also include taking the necessary measures to ensure order in the court session. The instructions given by the presiding judge during the court session are obligatory for all participants in the process, as well as for citizens present in the courtroom. If a participant in the process or those present in the courtroom violates the order in the court session, the presiding judge has the right to reprimand the violator, remove him from the courtroom or impose a fine on him.
The most important rules for the consideration of a case in a court session are the immediacy, orality and continuity of the trial.
Rule immediacy of the case due to the fact that, in accordance with Art. 195 of the Code of Civil Procedure of the Russian Federation, the court makes its decision based only on the evidence that was examined during the trial. In fact, this rule obliges the court to examine the evidence in its original source. Thus, the testimony of a witness can be considered as evidence only if he was summoned to the court session and interrogated directly by the judge. The exception is cases where the evidence is presented by the court that executed the letter of request. In other cases, the court must directly hear the explanations of the parties and third parties, the testimony of witnesses, expert opinions, consultations and explanations of specialists, familiarize themselves with written evidence, examine material evidence, listen to audio and watch video recordings.
In accordance with oral rule The trial takes place orally and with a fixed composition of judges. The meeting is held in Russian, while a person who does not speak the language of the court proceedings is provided with an interpreter. If during the consideration of a case one of the judges is replaced, for example due to illness, the consideration of the case in the new composition of the court must be carried out from the very beginning.
Continuity of proceedings means that the court session in each case takes place continuously. If the court session is delayed, the judge announces a break for rest. From the moment of consideration of each individual civil case until the end of its consideration on the merits or the issuance of a decision to postpone the trial, the judge has no right to consider other civil, criminal or administrative cases.
Rules of conduct for participants in a court session in the process enshrined in Art. 158 Code of Civil Procedure of the Russian Federation. These rules have developed over a long period of time and are dictated by the traditions of respect for the court as a representative of state power. Respect for the participants in the process and those present in the courtroom is expressed in the fact that when judges enter the courtroom, all those present in the hall stand up. The announcement of a court decision, which ends the consideration of a civil case on the merits, as well as the announcement of court rulings, which ends the case without making a decision, for example, a decision to postpone the trial, refuse to satisfy the claim, etc., all those present in the courtroom listen while standing. Similar rules apply after the end of the court session. So, the judge leaves the hall first, while the judge leaves the courtroom, the persons present in the hall stand up.
According to paragraph 2 of Art. 158 Code of Civil Procedure of the Russian Federation, participants in the process address the judges with the words: “Dear Court!” (in practice, the appeal "Your Honor" is widespread). Testimonies and explanations are given by the participants of the process while standing. With the permission of the presiding court, individual persons may be allowed to deviate from this rule, for example, when a citizen is limited in movement for health reasons.
The trial takes place in conditions that ensure proper order in the court session and the safety of the participants in the process. In most cases, in civil proceedings, this rule is observed by the parties without further reminders, however, in individual cases When excessively “active” behavior of the participants in the process or persons present in the courtroom does not allow the judge to fully concentrate on the consideration of the dispute, such “hooligans” can be removed by the presiding judge from the courtroom, or a bailiff is invited to maintain order.
The presence of representatives of the press at the court session is quite relevant. In this case, even before the start of the court session, the judge assigns certain places to journalists in the courtroom. If during the court session photo and video filming or representatives of funds mass media wish to broadcast the process on television or radio, these actions must be carried out at the places indicated by the court in the courtroom. In addition, in these cases, the court is obliged to take into account the opinions of the persons participating in the case. By decision of the court and taking into account the opinion of the participants in the process, television and radio broadcasting may be limited in time.
In the event that a citizen who is a participant in the case or who is in the courtroom violates the order, for example, interrupts the speaker, makes comments aloud or performs other actions that interfere with the normal conduct of the dispute, the presiding judge, on behalf of the court, announces a warning to him. If, after the announced warning, the person participating in the case, or his representative, repeated violation, they may be removed from the courtroom, which is formalized by a court ruling. Removal may be made for part or all of the time of the court session. If the person participating in the case leaves for a certain time, for example, during the interrogation of the victim, after returning to the courtroom, the presiding officer is obliged to acquaint him with the procedural actions performed in his absence. If a repeated violation of the order is committed by a person present at the court session, by order of the presiding judge, this person is removed from the courtroom for the entire duration of the court session.
For violation of order in the courtroom, the court has the right to impose a fine of up to 10 minimum wages on the perpetrators. If there are signs of a crime in the actions of a person who violates order in a court session, the judge sends the relevant materials to the prosecutor for initiating a criminal case against the violator. In practice, there were cases when during the trial the defendant insulted the plaintiff with foul language, threatened with reprisal, a fight broke out between the parties, during which the defendant was injured. In such cases, it is not possible to restore order in the courtroom without the intervention of bailiffs.
If during the court session violations of order by the citizens present at the court session become widespread, the court may remove from the courtroom all citizens who are not participants in the process. Further, by decision of the judge, the trial of the case may be continued in a closed court session or adjourned.
Now, having familiarized ourselves with the general rules for organizing a court session, we will proceed directly to the consideration of the order court proceedings on business. Let us analyze the stages and procedure for holding a court session to consider a statement of claim for the recovery of the amount of debt and interest on the amount of the loan using an example.
On December 3, 2004, Alexander Ivanovich Sergeev (creditor) and Vasily Andreevich Kryuchkov (debtor) concluded a loan agreement, according to which the creditor transferred to the debtor a sum of money in the amount of 50,000 rubles as a loan. According to the agreement reached between the parties, the borrower was obliged to pay monthly interest on the loan amount at a rate of 3% per month. The loan repayment date is set for June 3, 2005.
During the first four months, the debtor duly fulfilled the obligation to pay interest, but then the payments stopped, the debtor did not comply with the deadline for repayment of the borrowed amount established by the agreement. On July 7, 2005, trying to settle the dispute without going to court, the creditor applied to the debtor with a demand to return the loan amount and interest on the loan amount, but did not receive a response from the debtor. On August 9, 2005, the creditor filed a lawsuit to recover from Kryuchkov V.A. the amount of the loan in the amount of 50 000 RUB., unpaid interest on the amount of the loan in the amount of 6300 RUB., as well as court costs: paid state duty in the amount of 2189 RUB. and expenses for the services of a representative in the amount of 5000 RUB.
Statement of claim was accepted and after the preparation of the case for trial, a hearing was scheduled.
Preparatory part of the trial. The opening of the court session begins with the fact that at the time appointed for the trial of the case, the presiding judge opens the court session and announces which civil case is to be considered. In our case, it looks like this: "A civil case is being considered on the claim of Sergeev Alexander Ivanovich to Kryuchkov Vasily Andreevich for the recovery of the loan amount and unpaid interest on the loan amount."
Further, the secretary of the court session checks the attendance of the participants in the process. He reports to the court which of the persons summoned in the civil case has appeared, whether the persons who have not appeared have been notified and what information is available about the reasons for their absence. The chairman establishes the identity of the participants in the process who have appeared - checks the passports, and also establishes the identity and powers of their representatives on the basis of studying the text of the power of attorney.
If any of the participants in the process does not speak Russian, an interpreter is invited to translate. An interpreter can be invited both from a specialized organization and at the suggestion of persons participating in the case.
The presiding judge in the process explains to the interpreter his obligation to translate explanations, testimonies, statements of persons who do not speak the language in which the proceedings are conducted, and to persons who do not speak the language in which the proceedings are conducted, the content of the explanations, testimonies, statements of the persons participating in the case , witnesses and disclosed documents, audio recordings, expert opinions, consultations and explanations of specialists, orders of the presiding judge, court rulings or decisions. The interpreter has the right to ask questions to the participants of the process present during the translation to clarify the translation, get acquainted with the minutes of the court session or a separate procedural action and make comments on the correctness of the translation, which are to be entered in the minutes of the court session. The presiding judge warns the interpreter about the liability provided for by the Criminal Code of the Russian Federation for knowingly incorrect translation. The interpreter gives a signature about this warning, which is attached to the minutes of the court session.
If a person who has the skills of sign language interpretation is invited as an interpreter, the rights and obligations listed above also apply to him.
The chairman also explains to the invited expert and specialist their rights and obligations, warns the expert about criminal liability for giving a deliberately false conclusion. The expert gives a signature about this warning, which is attached to the minutes of the court session.
Further, the witnesses who have appeared are removed from the courtroom. In accordance with Art. 163 of the Code of Civil Procedure of the Russian Federation, the presiding officer is obliged to take measures so that the interrogated witnesses do not communicate with witnesses who have not yet been interrogated by the court. Unfortunately, in practice this is quite difficult to do, since court buildings often do not have special rooms for accommodating witnesses, so they have to wait for a call for interrogation in a common corridor.
After the removal of the witnesses, the presiding judge announces the composition of the court: introduces himself, informs who participates in the court session as a prosecutor, secretary of the court session, representatives of the parties and third parties, as well as an expert, specialist, translator, and explains to the persons participating in the case, their right to declare self-withdrawals and challenges. In the example we are considering, the announcement of the composition of the court would take place as follows: “The composition of the court is announced. The case is considered by the presiding judge Viktor Petrovich Ivanov. Secretary of the court session Frolova Ekaterina Vitalievna. The plaintiff Sergeev Alexander Ivanovich, the representative of the plaintiff Andreev Valery Igorevich, the defendant Kryuchkov Vasily Andreevich. Are there any challenges to the composition of the court?
In accordance with Art. 16 Code of Civil Procedure of the Russian Federation the judge cannot hear the case and is subject to challenge, if he:
1) during the previous consideration of this case, participated in it as a prosecutor, court session secretary, representative, witness, expert, specialist, translator;
2) is a relative or relative of any of the persons participating in the case, or their representatives;
3) is personally, directly or indirectly interested in the outcome of the case, or there are other circumstances that cast doubt on his objectivity and impartiality.
During a collegial consideration of a case, persons who are related to each other cannot be members of the court.
An application for challenge or self-withdrawal of the composition of the court may be filed only at this stage of the consideration of the case, with the exception of cases when the grounds for challenge or self-withdrawal arose or became known during the court session. Applications for recusal must be motivated, they are resolved by the judge by a ruling, which he makes in the deliberation room.
If no challenges have been received and the judge has not declared self-withdrawal, the consideration of the case continues further. The persons participating in the case are explained their rights and obligations. The judge reads out to the participants in the process the procedural rights assigned to them by law, at the same time explaining their content, meaning and possible consequences of their use. The parties, in addition to procedural rights, are explained the right to change the claim, refuse the claim, recognize the claim, conclude a settlement agreement and the consequences of these actions. After explaining to the parties their rights, the judge asks if, at this stage of the trial, the persons participating in the case have petitions on issues related to the trial of the case. Received petitions are resolved on the basis of court rulings after hearing the opinions of other persons participating in the case.
The most common motion at this stage of the trial is a motion to postpone the trial due to the absence of any of the persons participating in the case. For example, the plaintiff may file a motion to adjourn the court session due to the absence of his representative or a witness whose testimony is essential for the proper consideration and resolution of the case.
Generally appearance at the court session of the persons participating in the case, is not a duty but a right. Therefore, if the plaintiff (or defendant) does not wish to participate in the court session and does not object to the consideration of the case in his absence, he through his representative or personally notifies the court of this by submitting an application for the consideration of the case in his absence. If the reason for non-appearance is of a valid nature, the persons participating in the case are also obliged to notify the court about this and provide evidence of the validity of the reasons.
If any of the persons participating in the case did not appear at the court session and the court does not have information about their proper notification, the trial of the case is postponed in any case. When the court has information about the proper notification of the persons participating in the case regarding the time and place of the court session, the trial of the case may be adjourned only if the court recognizes the reasons for their failure to appear as valid. Otherwise, the court has the right to consider the case in the absence of the person who did not appear, including the defendant.
If a witness, expert or specialist did not appear at the court session, the issue of the possibility of considering the case in the absence of these persons is resolved by the court, taking into account the opinion of the participants in the case present in the courtroom. If a witness, expert, specialist or interpreter fails to appear at the court session for reasons recognized by the court as invalid, he may be fined up to 10 minimum wages. With regard to a witness who did not appear in court on a second call, such a measure as a forced drive may be applied.
Decision to postpone trial is accepted if the court finds it impossible to consider the case at this court session due to the absence of any of the participants in the process, the filing of a counterclaim, the application by the party of the petition for the need to provide additional evidence in the case, which takes time to obtain, the application for the request for additional evidence , which it is not possible to obtain by the party on its own, as well as if it became necessary to involve other persons in the case or to perform other procedural actions.
In the event of a court ruling adjournment orders the date of a new court session is set, taking into account the time required to call the participants in the process or to demand evidence, about which the persons who appear are announced against a receipt that is kept with the case. Persons who did not appear and are again involved in the process are notified of the time and place of a new court session by a summons.
If the trial of the case is adjourned due to circumstances not related to the non-appearance of the parties to the court, the court has the right to interrogate the witnesses who have appeared. The testimonies given by these witnesses can later be used in resolving the case without their repeated summons to court. Secondary summoning of witnesses interrogated in the presence of the parties to a new court session is allowed only if it is necessary to clarify or clarify the testimony given by them or change the composition of the court.
By general rule after the adjournment of the case, the proceedings begin again. However, if the parties do not insist on repeating the explanations of all participants in the process, are familiar with the case materials, including the explanations of the participants in the process, given earlier, the composition of the court has not changed, the court has the right to provide the participants in the process with an opportunity to confirm the previously given explanations without repeating them, to supplement them ask additional questions.
If all the persons participating in the case have appeared at the court session and there are no other reasons for adjourning the case, the court proceeds to the next stage of the trial - it considers the case on its merits.
Consideration of the case on the merits. This stage of the trial begins report of the presiding judge or any of the judges. The report is a summary by the judge of the statement of claim: the circumstances that served as the basis for the plaintiff's appeal to the court, and the claims of the plaintiff addressed to the defendant.
The presiding officer then asks whether the plaintiff supports his claims. If the plaintiff has no grounds to abandon the claim, change the subject and grounds of the claim, and the defendant did not voluntarily satisfy the plaintiff's claims in whole or in part, the plaintiff maintains his claims in full.
Next, the judge determines whether the defendant acknowledges the claims of the plaintiff, set out in the statement of claim, and whether the parties do not want to end the case by concluding a settlement agreement. Depending on the position of the defendant in this case, he may not recognize the claims of the plaintiff or recognize them in whole or in part. Suppose that in the example we are considering, the defendant admitted the claim in part. He agrees to return to the plaintiff the amount of the debt and unpaid interest for the last two months. He refused to pay the interest that the defendant asks to recover for the time elapsed before going to court and until the actual execution of the court decision. In addition, he agrees to return the loan amount and interest for two months only after the New Year.
The statement of the plaintiff on the refusal of the claim, the recognition of the claim by the defendant shall be entered in the minutes of the court session and signed by the plaintiff or the defendant. If a settlement agreement is concluded between the parties, its terms are recorded in the minutes and signed by both parties. If these statements were received from the parties in writing, they are attached to the case, as indicated in the minutes of the court session.
If the plaintiff has withdrawn the claim and this statement accepted by the court, the court issues a ruling, which simultaneously terminates the proceedings. When the parties conclude a settlement agreement, it is approved by the court ruling simultaneously with the termination of the proceedings. This definition must fully reflect the terms of the settlement agreement reached by the parties. If the defendant recognizes the claim and accepts it by the court, the court decides to satisfy the claims stated by the plaintiff in full.
If the court for some reason did not accept the refusal of the claim declared by the plaintiff, the recognition of the claim by the defendant or did not approve the amicable agreement reached by the parties, this is reflected in the ruling issued by the court. Consideration of the case on the merits continues.
After the presentation of the case, the court hears explanations of the plaintiff and a third party participating on his side. The plaintiff sets out the essence of the claim: when and with whom the loan agreement was concluded, how it was executed, whether all the terms of the agreement were observed by the defendant, what served as the basis for the plaintiff to go to court and what claims he puts forward.
In the example we are considering, the defendant's explanations may have the following content: “Dear Court! On December 3, 2004, a loan agreement was concluded between me and Kryuchkov Vasily Andreevich, according to which, as well as a receipt drawn up between us dated the same date, I transferred Kryuchkov as a loan a sum of money in the amount of 50,000 rubles. An agreement was reached between us that monthly, on the third day of each month, Kryuchkov would pay me interest on the loan amount in the amount of 3% of the loan amount, which is 1,500 rubles. per month. Kryuchkov was supposed to return the borrowed amount on June 3, 2005. From the moment the contract was signed until April 3, 2005, that is, during the first four months, the debtor paid interest on the loan amount, but then the payments stopped. In connection with the delay in the next payment, I called him on the phone to find out the reason for the non-payment. Kryuchkov explained that he was going to leave on a business trip, he needed money, and when he returned, he would make a calculation. However, no payments were received from him. On July 7, 2005, trying to settle the dispute without going to court, I applied to Kryuchkov with a written demand for the return of the loan amount and interest on the loan amount, which I sent by registered mail. However, no response has yet been received from the debtor. Based on the foregoing, please recover from Kryuchkov V.A. the loan amount in the amount of 50,000 rubles., unpaid interest on the loan amount in the period from April 3 to August 9, 2005 in the amount of 6300 rubles., as well as court costs: state duty in the amount of 2189 rubles. and 5,000 rubles spent by me to pay for the services of a representative.
Next are heard explanations of the defendant and a third party participating on his side. The defendant explained: “I do not deny that this agreement was concluded between us. I do not refuse to return the amount of the debt and interest for the two months that I have not paid, however, I will be able to return this amount closer to January 2006, I refuse to pay the rest of the interest, I will not pay legal costs, since I believe that Sergeyev did not have grounds for going to court. I don't refuse to pay him back!"
Note that, in accordance with Art. 812 of the Civil Code of the Russian Federation, the borrower has the right to challenge the loan agreement for its lack of money, proving that the money or other things were not actually received by him from the lender or received in a smaller amount than indicated in the agreement.
After the explanations of the parties, the court hears explanations of other persons involved in the case. If a prosecutor is involved in the case, representatives government agencies, local governments, organizations, citizens who applied to the court for the protection of the rights and legitimate interests of other persons, they give explanations first. After one of the participants in the proceedings gives explanations, the persons participating in the case have the right to ask him questions. Judges have the right to ask questions to the persons participating in the case at any time when they give explanations.
If the persons participating in the case did not appear at the court session and submitted their explanations in writing, these explanations shall be attached by the judge to the case materials and announced at the court session. Written evidence obtained by the sent letter of request, court ruling on seizure of property, inspection protocols. After examining this evidence, the persons participating in the case may give their explanations.
If the materials of correspondence and telegraphic messages of citizens are subject to disclosure, in order to protect the secrecy of correspondence and telegraphic messages, these materials may be announced and examined by the court in an open court session only with the consent of the persons between whom these correspondence and telegraphic messages took place. If these persons have not given their consent to the disclosure of these materials, their disclosure and examination are carried out in a closed court session. Similar rules apply when deciding whether to reproduce and examine an audio or video recording containing personal information.
After hearing the explanations of the persons participating in the case, and taking into account their opinions, the court establishes the sequence evidence research. In the example we are considering, such evidence as a loan agreement, a receipt, a demand for repayment of a debt, a postal notice of delivery, a receipt for payment of state duty, an order agreement and credit note legal education, confirming the amount of expenses incurred by the plaintiff to pay for the services of a representative.
If during the trial the witness is interrogated the presiding judge establishes his identity, explains to him the rights and obligations of a witness and warns of criminal liability for refusing to testify and for giving knowingly false testimony, about which a signature is taken from the witness, which is attached to the minutes of the court session.
To a witness under the age of 16, the presiding judge explains the obligation to truthfully tell everything known to him in the case. A minor witness is not warned about liability for unlawful refusal to testify and for giving knowingly false testimony, since liability for this crime comes from the age of 16.
Each witness is interrogated separately. At the beginning of the interrogation, the presiding judge ascertains the attitude of the witness to the persons participating in the case: whether they know each other, what relations have developed between them, whether the witness is a relative of one of the persons participating in the case. Then the witness is invited to state everything known to him personally about the circumstances of the case under consideration.
The witness may then be asked questions. The first to ask questions is the person on whose application the witness was summoned, the representative of this person, and then other persons participating in the case, their representatives. Judges have the right to ask questions to the witness at any moment of his interrogation. During the interrogation, the witness has the right to use written materials if the testimony given by him is connected with complex numerical calculations or other data that are difficult to keep in memory. The materials used in the interrogation of a witness shall be shown to the participants in the trial, and, if necessary, may be attached to the case file.
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Statement of claim for the recovery of debt under a loan agreement To _____________________________ district (city) court ____________________________ (name of the subject of the Russian Federation) Plaintiff: ___________________________ (full name, address) Respondent: ___________________________ (full name, address) under the loan agreement "____"
