Debt collection from individuals is not an easy task. How to return money from a debtor in a legal way, what is the collection procedure, what to do if the debtor is bankrupt, and also whether it is possible to return a debt issued without a receipt in the material.
How to get the debtor to return the money
Debt collection is a procedure for returning funds if the debtor refuses to give them voluntarily. According to the law “On the protection of the rights of individuals in the implementation of activities for the return of overdue debts” there are several ways to influence an unscrupulous debtor, negotiations and filing claims, appeal to collection agencies and the court. At the same time, a private person can collect a debt through a court if its amount is at least 10 thousand rubles and there is a receipt. If the amount exceeds 50 thousand rubles, then you can apply for help to one of the organizations specializing in debt collection and included in the corresponding state register of legal entities. Choosing the Debt Collection Agency London is the best option there.
Debt collection can be done in different ways:
Debt collection under a loan agreement
A loan agreement between individuals is an agreement between two parties that one of them transfers and the other accepts cash or other assets for temporary use for a specified period. In case of delay under the loan agreement, you can resort to judicial protection of the violated interests, because, by law, the borrower is obliged to return the money on time. You need to go to court at the place of residence of the defendant. When preparing an application to the court, the lender is obliged to substantiate each of his statements with documents. If all the papers are drawn up correctly, then it is quite possible to repay the debt.
Debt collection by receipt
Debt collection on receipt, which from the point of view of the law is a loan agreement, also takes place in court. At the pre-trial stage, the lender can send a letter to the debtor demanding the return of the amount of the debt. Also, the letter can indicate the collection of interest and the obligation to reimburse legal costs by the borrower in case of going to court. If the debt was not returned at the pre-trial stage, you need to go to court. For the process, it is better to hire a lawyer to avoid mistakes that could affect the outcome of the case. Making the selection of the Debt Collectors London is the best option here.
How to collect a debt without a receipt
It is quite difficult to repay a debt without a receipt, but you can try some options. First, contact the police with the evidence available. This can be a bank statement on the transfer of funds, screenshots of correspondence with the borrower. The security forces are obliged to accept the application and conduct a check. The debtor will be called to the police for an explanation. Judging by practice, in this case, most likely the case will not be initiated, but if the debtor has admitted his guilt, then this can be used in court.