A statement of claim to the court for the recovery of funds against a receipt. Statement of claim for debt collection to the arbitration court (sample)

19.10.2019

Who issues a court order to collect a debt? Where can I find a sample statement of claim for debt collection? What are the ways to resolve the situation with a debtor when filing a claim?

Welcome to the popular online magazine “HeatherBeaver”! Denis Kuderin is in touch.

The topic of this publication is a statement of claim for debt collection. The material will be useful primarily to those who are faced with the problem of debt collection, as well as to everyone who is interested in current financial and legal issues.

At the end of the article you will find a useful bonus - an overview of professional companies involved in the settlement of debt disputes.

1. What is a debt collection claim and where is it filed?

Debt disputes cannot always be resolved out of court. Sometimes the creditor has no choice but to go to court to collect the debt - this is the most civilized and effective way to resolve the debt issue.

In accordance with the rules of the Civil Procedure Code of the Russian Federation, in order to go to court, it is necessary to draw up a statement of claim. Without this document, no legal proceedings can begin. No claim - no case.

– an official document in which the plaintiff indicates the purpose of the claim, the reasons for its occurrence and determines the amount that he expects to receive from the defendant upon successful completion of the proceedings.

The application is submitted to the court at the place of residence of the defendant (and not the plaintiff) or at the location of the organization, if the case concerns the debts of legal entities. It happens that the creditor does not know where his debtor lives at the moment. In such cases, the claim is filed at the location of the defendant’s property or at the debtor’s last known residential address.

In case of debt disputes not related to business activities, the application is submitted to a court of general jurisdiction (district or world court, depending on the amount of debt). If legal entities are involved in the case, they apply to the arbitration court.

The claim is accompanied by accompanying documents - receipts, calculation of claims, receipts.

If there is additional evidence of the fact of the debt (witness testimony, private correspondence) - great, all of it will be useful for making a positive decision in the case.

Civil cases involving debt disputes are among the most common processes in judicial practice. Usually they do not cause any particular difficulties for judges and are considered in a relatively short time.

Of course, difficulties may arise in any process.

Example
The plaintiff presents the court with a receipt in which the defendant confirms the transfer of funds and undertakes to repay the debt within a specific time frame. At the trial, the debtor declares that the signature on the receipt is not his, and in general he sees this document for the first time.
In such cases, a handwriting examination is assigned to the case, which aims to determine the authorship of the signature. Such research, of course, increases the time of the proceedings and requires additional costs from the plaintiff.

However, ideally, if the court decision is positive for the plaintiff, all of his costs for legal services and examinations must be covered by the defendant. If the creditor entrusts the case to a professional or lawyer, the specialist seeks exactly this outcome of the trial.

What can you demand in a statement of claim? First of all, of course, the amount of the principal debt, then interest calculated according to the terms of the agreement, penalties for late payments (again, if such a clause is specified in the agreement or receipt for the transfer of money).

2. Who and when issues a court order to collect a debt?

There are two options for conducting legal proceedings for debt collection - claim proceedings and writ proceedings.

In the first case, the result of the trial is a writ of execution. This document is handed over either directly to the plaintiff - if the amount of debt is small and the defendant is ready to pay it immediately - or handed over to the bailiffs.

In the second case, the judge issues a court order for forced collection of the debt. Writ proceedings are characterized by an accelerated procedure.

The decision is made unilaterally by the judge personally, and the process itself takes 5 days from the date of filing the claim. No preliminary hearings, proceedings or additional meetings are held. The presence of the plaintiff and defendant at the trial is not required.

Writ proceedings are initiated in the following cases:

the loan agreement contains a corresponding clause under which the notary has the right to initiate expedited legal proceedings in the event of failure by the creditor to fulfill its obligations (see article “”);
the defendant fully acknowledges the fact of the debt and is ready to pay it on the creditor’s terms;
there is indisputable evidence of the debtor’s violation of its obligations.

Since June 2016, banking organizations have the right to apply a simplified collection procedure, and since January 2017, utility services can also collect debts in a simplified manner. To make a court decision, the presence of the defendant at the hearings is not required.

True, within 10 days from the date of issuance of the order, the defendant has the right to present his objections regarding the amount of recovery or other points with which he categorically disagrees.

The table clearly demonstrates the difference between a writ of execution and an order:

More information on this topic is in the article “”.

3. How to draw up and submit a statement of claim for debt collection - step-by-step instructions

The Civil Code states: as soon as one citizen transfers a sum of money to another on the terms of repayment, they enter into material and legal relations. Provided, of course, that the fact of transfer of money is documented by both parties.

Thus, the borrower assumes obligations to repay the funds. For failure to comply with the terms of the agreement, penalties are imposed on the debtor. If the loan recipient does not repay the money on time, the creditor has the right to demand repayment of the debt both pre-trial and through the court.

If it is not possible to reach an amicable agreement, the lender files a claim and initiates litigation.

And now - step-by-step instructions for drawing up and submitting a claim document.

Step 1. Filling out the header of the document

Since this is an official legal document, it must be drawn up with the utmost care and in accordance with established rules.

In the upper right part of the document the following must be indicated:

the name of the court to which you are applying;
Plaintiff's full name, address and telephone number;
Defendant's full name, address and telephone number;
claim price.

The price is confirmed by relevant documents in the annex to the claim.

Step 2. In the main part of the application we note to whom and when the amount of money was provided

Next comes the actual statement of claim. In the main part, you need to describe the essence of the matter very clearly, without unnecessary details. Indicate how and under what circumstances the debt arose, and what you did to resolve the issue out of court.

All facts stated in the description must be documented. The plaintiff’s task is to convincingly prove to the court that there is a specific debt that the defendant does not want or cannot repay voluntarily.

Example
On November 20, 2016, the defendant Vasily Fedorovich Makarov borrowed money from me in the amount of 150,000 (One hundred and fifty thousand) rubles. A loan agreement was concluded between us and a receipt was drawn up. The documents were signed by the defendant himself.
According to the agreement, the debt was to be repaid on December 20, 2016, but the money was not returned within the specified period. I have made attempts to repay the debt through verbal and written reminders, which were unsuccessful.
Citizen Makarov V.F. an official claim was also sent, but this did not help to repay the debt. The defendant again refused, citing a lack of money.
In connection with the above, I am forced to go to court with a request to recover from the defendant the money I transferred (150,000 rubles) on the basis of Articles 807, 808, 810 of the Civil Code.

If, in addition to the principal debt, the agreement provides for the return of interest, be sure to indicate this circumstance.

Step 3. We provide documents confirming the fact of debt

The more documents you have confirming the fact of the debt, the better for you and the worse for the defendant.

The following documents are submitted to the court for consideration:

a copy of the claim sent to the debtor;
any documents confirming the fact of outstanding debt - receipts, contracts, agreements, invoices and invoices;
calculation of the amount of the claim, which takes into account interest and costs for the return of funds in pre-trial proceedings (if any);
receipt of payment of state duty.

If audio or video files, witness statements, or email correspondence are presented as evidence, this circumstance must also be reflected in the application.

If a professional lawyer or an authorized person acts on behalf of the plaintiff, a notarized power of attorney is required.

Step 4. We pay the state duty

Payment of the fee is a mandatory condition for filing a claim. The amount depends on the amount of the claim and is calculated as a percentage.

If the case is successful, the fee is written off from the defendant as legal expenses.

Step 5. We file a claim in court

All that remains is to submit the application in the required number of copies to the court office or to the judge on duty.

Be sure to make sure that the officer of the law who accepted the application makes an appropriate note of acceptance on it.

Now you just have to wait for a summons to a meeting or a court decision on the case.

1) Lawyer

The Pravoved company was initially created as a resource for remote legal assistance to ordinary citizens. Today, thousands of professional lawyers and attorneys cooperate with the site and are ready to provide qualified assistance in any area of law, including debt conflicts.

The algorithm for interaction with specialists is extremely simple. You ask your question in an interactive chat or just call. Both free consultations and paid services are available.

If necessary, you can order the filing of a claim online or even full support in court. If you require direct contact with a lawyer to transfer documents, find a specialist from your region through the website and arrange a personal meeting.

The site operates 24 hours a day, without days off or breaks. The resource has an archive that contains issues already resolved by the company’s lawyers.

The Center for Financial and Legal Protection of Citizens and Legal Entities “Legal Adviser” provides a wide range of legal services. Clients have access to professional advice over the phone and in person with the company’s lawyers.

The period of operation of the company is 20 years. The average number of requests per month is 8000. The organization guarantees confidentiality and the development of an individual strategy for each client. Our specialists will help you recover receivables and pay off civil debts.

Leader in the field of legal assistance to citizens and legal entities. Will help in solving civil, family, inheritance, housing and debt issues. The main principles of the company's work are transparency and mutual trust. No hidden fees or forced services.

Lord's lawyers guarantee competent advice in pre-trial proceedings and in court. They will help creditors speed up enforcement proceedings after a court decision and act as mediators in negotiations between the parties.

5. What are the ways to resolve the situation with the debtor when filing a claim - an overview of the main methods

There are different ways to resolve a debt dispute. The creditor and debtor have several options for resolving the situation.

The main thing is that the borrower and lender come to a mutually beneficial agreement.

Method 1. Debt restructuring

If the debtor does not have the physical ability to return the money on time, the parties may agree to postpone the “X-hour” to a later date.

It is also possible to write off part of the debt, cancel fines and penalties, and exchange debt for other property benefits - for example, for a share in the property of a commercial company.

Method 2. Assignment of claims

The creditor has the right to assign the debt to third parties - for example, commercial companies that professionally collect debt obligations.

This is often done by banks, which give collectors the right to collect problem debts for an appropriate fee.

Method 3. Debt transfer

In this case, the debt obligation remains in force, but the debtor himself changes. Such a procedure is possible if the obligation to repay the debt was assumed by a relative of the defendant or his legal successor. Debts are often transferred by legal entities if one company for some reason wants to assume the obligations of another organization.

The Procedural Code provides for a procedure initiated by the creditor for the return of all debts that were not returned to him out of court. According to the average person, a debt is considered to be a sum of money transferred to relatives or friends, the return of which did not occur within the time period agreed upon by the parties.

In fact, the reasons for the formation of debt obligations can be different and stem from the financial and legal relationships of persons (subjects). As a rule, a debt is a consequence of the failure to fulfill obligations stipulated by a contract, contract or agreement by one of the parties.

This situation may arise when one of the parties to the contract does not perform the agreed actions (payments) in favor of the other, as well as if his actions led to damage or harm.

Most often, citizens file lawsuits with the courts to recover debts arising as a result of borrowers’ failure to repay sums of money (loans), pay rent, services provided, work performed, etc., as well as violations of other terms of the contract.

What may be the plaintiff’s claims in the event of collection of debts incurred under the terms of the loan agreement?

In accordance with Article 807 of the Civil Code, loan agreements begin from the moment of transfer of valuables. That is, the citizen who handed over a sum of money to a relative or acquaintance on the terms of return, and the citizen who received it, are already considered to have entered into a substantive relationship. In essence, a loan agreement began to operate between the parties.

Participants in a transaction, the amount of which is equal to or exceeds 10 times the minimum wage established by law, are required to formalize the transaction in writing. The same rule applies to situations where one of the parties is represented by a legal entity, regardless of the amount of the contract.

The borrower's obligations to repay the debt are defined in Article 810 of the Civil Code. Article 811 establishes penalties (interest) for late fulfillment of the obligation to repay the loan for the entire overdue period. When drawing up a statement of claim, the plaintiff has the right to demand not only full reimbursement of the debt amount, but also payment of interest for the entire period of delay.

Data that must be indicated in the claim

In accordance with the rules of judicial records management in civil cases, all appeals from citizens are made only in writing, taking into account the requirements of Article 131 of the Civil Procedure Code.

The application must contain the following information:

name of the judicial authority;
surname, name and patronymic of the plaintiff (his representative), place of residence (registration);
last name, first name and patronymic of the defendant, place of residence (registration). For legal entities, it is necessary to indicate the full name of the enterprise, legal and actual address;
the total amount of the claim, with the attachment of calculations for the debt;
attachment of all documents serving as the basis for claims.

All facts specified in the application must be supported by documents or testimony. The purpose of filing a claim is to prove to the court the existence of a debt and the fact of its non-repayment by the defendant. The application must necessarily have the signature of the plaintiff (authorized representative, official representative).

List of documents attached to the statement of claim

Article 132 of the Civil Procedure Code defines a detailed list of documents that must be attached to the statement of claim. The plaintiff is obliged to submit to the judicial authority:

a copy of the claim (in the number of defendants in the case);
a financial document (payment order, receipt) confirming payment of the state fee;
all papers confirming the occurrence of outstanding debt;
documents evidencing the plaintiff’s actions taken to repay the debt. Data is required to be submitted if such actions were stipulated in the contract (legislation);
calculation of the amount of claim, taking into account the unrepaid loan, accrued interest for the overdue period, as well as the plaintiff’s expenses for actions aimed at collecting the debt in pre-trial order;
power of attorney for the authority of an official representative if he acts in court on behalf and on behalf of the plaintiff.

Sample of filling out a claim

Litigation is a rather complex and time-consuming process. In order to ensure that the entire package of documents is completed correctly, competently and correctly, you should contact a professional lawyer. With its help, you can significantly simplify the task by avoiding errors and inconsistencies. The costs of legal services can also be included in the amount of the claim, confirming them with documents.

Each individual case has its own characteristics and nuances, which cannot be foreseen. In this regard, drawing up a formal application form is impractical, but a generalized example of a statement of claim for debt collection can be given.

To the Leninsky District Court of Belokamensk
Plaintiff: Zhigarev Ippolit Vitalievich
Address: Belokamensk, st. Chernomorskaya, house 151, apt. 45
Defendant: Osipenko Alexander Yakovlevich
Address: Belokamensk, st. Kochetova, house 16, apt. 12
The cost of the claim is 120,000 (one hundred twenty thousand) rubles

STATEMENT OF CLAIM
on debt collection under a loan agreement

On March 1, 2012, the defendant approached me with a request to lend him money. I expressed my consent, and a loan agreement was concluded between us. Citizen Osipenko A.Ya. I personally received 110,000 (one hundred and ten thousand) rubles from me. on the basis of a preliminary agreement, the loaned amount was to be repaid before September 1, 2012, as indicated by the defendant in the receipt drawn up by him.
The terms of the transaction were violated by citizen Osipenko A.Ya., since the money was not returned within the agreed period. I have repeatedly made attempts to repay the debt, but neither regular reminders nor requests to repay the debt voluntarily led to a positive result. The defendant refused me every time, citing the fact that he did not have any funds at the moment. In this regard, I was forced to go to court with a statement of claim for the return of the debt.

Taking into account the circumstances of the case described above, and based on Articles 807, 808, 810 of the Civil Code of the Russian Federation, as well as Articles 131, 132 of the Civil Procedure Code of the Russian Federation,
Ask:
To demand from the defendant the repayment of the debt in my favor, on the basis of a loan agreement, in the amount of 110,000 (one hundred and ten thousand) rubles. To collect from citizen Osipenko Alexander Yakovlevich the payment of interest for the use of funds in the amount of 10,000 (ten thousand) rubles.
All legal costs for the proceedings shall be borne by the defendant in my favor.
Applications (on six sheets):

copy of the statement of claim – 1 copy;

receipt of citizen Osipenko A.Ya. about the existence of a debt (copy) – 2 copies;

calculation of the amount of interest for the use of funds – 2 copies;

original financial document confirming payment of the state fee – 1 copy.

(Size: 24.0 KiB | Downloads: 2,760)

When lending money to someone, it is advisable to make a receipt in case your borrower decides not to return the borrowed funds. If you are going to borrow an amount greater than 10 minimum wages (minimum wage is the minimum wage), then drawing up a receipt is a mandatory requirement under the Civil Code of the Russian Federation. Its preparation is also mandatory if you are lending money as a legal entity.

So, you lent some money, but it seems no one is going to pay it back. How to return a debt on a receipt and where to go? If you have a correctly drawn up written agreement with the borrower, you can immediately go to court.

To be able to collect money from the debtor, the receipt must be properly executed. It must indicate:

Full last name, first name, patronymic – yours and the borrower’s.
Passport details of both parties.
The amount that is borrowed.
The interest you would like to receive along with the debt.
If the funds are not returned on time, there may be penalties.
The deadline by which the borrower agrees to repay all the money.
Place and date of signing the receipt.
Both parties must sign and write a transcript.

The legislation provides for the preparation of an ordinary written form. It is not necessary to involve witnesses and have the contract certified by a notary. But if the case has to be decided in court, fulfilling these conditions will be to your benefit.

Another important condition when drawing up a receipt is that it be written in your presence. Otherwise, the debtor may claim that he did not sign anything and will have to conduct an additional examination.

Going to court to collect a debt

If the money is not returned to you by the due date, you will have to resolve the matter in court. But before this, you must additionally notify the debtor by sending him a warning about your appeal to the judicial authorities. If you do this via registered mail with notification, you will also be able to show in court that you have taken all measures to independently resolve the problem.

If the borrower did not respond to your warning and did not make an attempt to resolve the situation peacefully, it is time to prepare a statement.

Keep in mind that the court can resolve your situation only if the statute of limitations of three years has not expired.

How to fill out an application:

First you will have to pay the state fee; The amount depends on the amount that you are going to collect.
The application is submitted either to the magistrate for an amount of less than 50 thousand rubles, or to the district court for a larger amount.
The claim is sent to the court at the place of residence of the debtor.
When drawing up a claim, it is possible to include the amount of the state duty, the cost of legal services and interest on the debt.
The statement of claim must indicate, as a guarantee, a requirement to seize the debtor’s property, for example, a car.

We wrote in more detail about drawing up a statement of claim in. You take the completed application, receipt of payment of the state fee, and copies of the receipt to the court corresponding to the debtor’s place of residence.

How is a decision made in court?

To make a decision, the following are taken into account:

The receipt is considered valid from the day the borrower receives the money.
You can challenge the return of money only with the help of written evidence.
Interest on the debt is accrued only in the amount indicated in the receipt and only for the period indicated in it.
When the receipt does not indicate the amount of interest, it will be calculated taking into account the bank refinancing rate.
When borrowing money without interest, the debtor is obligated to repay only the amount owed.
If the receipt does not contain a deadline for returning the amount provided, it is appointed by the court - 30 days.

The court made a decision - what next?

To begin with, you receive a writ of execution, with which you apply to the bailiffs. If the bailiff is inactive and the debt is not repaid, you will have to contact the management or go to the prosecutor's office and how to write and draw up a statement correctly is written.

For your own peace of mind, you can entrust the matter of collecting a sum of money against a receipt to a qualified lawyer. And if you indicate in your application that the costs for it are borne by the debtor, then you can hire him completely free of charge.

It is customary to lend money to friends, relatives and good acquaintances on trust without drawing up a promissory note.

Non-repayment of money happens quite often and the creditor has to collect any evidence of its transfer to protect its rights. Everything should be recorded - from SMS and video recording of conversations with the debtor.

What it is?

If there is a trusting relationship between people, for example, friends or relatives, a loan is often used “on my word of honor,” that is, without a basic promissory note. If we are talking about large sums, and persuasion to return voluntarily does not help, then you need to contact the police and (or) the court.

In addition to written contracts, there is also a category of oral transactions. This concept is described in Article 159 of the Civil Code of the Russian Federation. A loan agreement without writing a receipt can also be included in this category of transactions. The fact of concluding an agreement will be considered the direct transfer of money to the borrower.

A claim for debt collection without a receipt means a procedure for repaying such a loan through the court. This is possible, but it is necessary to collect detailed evidence. The real obstacle to getting your money back will be if the defendant is able to prove that the transaction was without money. There are often cases when the borrower proved that the money was given to him free of charge.

Is it possible to collect a debt without a receipt, agreement and witnesses?

The situation when money is borrowed without documentary evidence is much more difficult from the point of view of the prospects for returning it through the court.

The fact that there are no witnesses or witnesses in the form of relatives of the creditor only complicates the matter. But from the point of view of the law and judicial practice, it is possible to get your money back.

There are at least three legal options for this:

Peaceful agreement;
Writing a claim (demand) to the debtor;
Filing a police report about fraud;
Filing a claim with the courts.

Some people advise using the services of collection agencies, but they often use semi-legal methods to get your money back. This can result in serious problems for the lender, so it is better to use civilized methods within the framework of the law.

Peaceful agreement

If the person to whom the money is lent is really in a difficult situation, then it is better to try to negotiate peacefully. For example, stipulate the return of the borrowed amount in fractional parts that are feasible for the borrower.

If necessary, you can visit a notary and have a new return schedule notarized. It would be reasonable to invite witnesses and have a conversation with them about fractional repayment of the debt. This can serve as significant evidence in the future.

Writing a complaint

After verbal persuasion, you should use the direction of the claim to the debtor (). The fact of its writing can not only convince the debtor to repay the debt, but also serve as arguments in court. The claim should be sent by registered mail with notification or delivered in person against signature.

In case of non-repayment, the borrower will face a case before the police and court. Moreover, in addition to the main debt, he will have to pay a fine for the unlawful use of other people's money and a state fee for filing a property claim.

Contacting the police

If the debtor ignores requests for repayment of the debt, the borrower has the right to contact the police with a statement. According to paragraph 1 of Article 159 of the Criminal Code of the Russian Federation, the acquisition of the right to someone else's property by deception and abuse of trust is considered fraud.

What must be indicated in the application:

the circumstances under which the amount of money was lent - goals, terms and other conditions of the oral agreement;
exact place and time of money transfer;
persons present at the conclusion of the transaction;
personal data of the debtor;
description of all attempts at peace negotiations, writing a claim and reaction to it, etc.;
any evidence of the transfer of money;
request for verification to determine whether there is a crime.

If you receive a refusal to initiate a criminal case, you should proceed to the next step - filing a lawsuit.

Video: How to make

Writing and filing a statement of claim for debt collection without a receipt

The composition of such a statement is no different from a regular claim for collection under a loan agreement. Only in this case the loan agreement was concluded orally.

name of the judicial authority;
Full name and actual address and registration of the plaintiff;
Full name and actual address and registration of the defendant;
Title of the document;
a description of the circumstances under which the money was given and under what conditions;
the wording of the requirements is to repay the debt, interest (penalty) and state duty;
calculation of the claim price;
list of applications;
date of compilation and signature with transcript.

In the list of attachments, it is necessary to provide the entire evidence base, as well as a receipt for payment of the state duty, a calculation of the cost of the claim, as well as a copy of the statement of claim for the defendant.

Cost of claim

The law limits the amount that can be collected without a receipt - it must be no more than 10 minimum wages. For larger amounts, written proof of the loan is required and an oral agreement is not suitable as a basis for repayment.

The minimum wage (minimum wage) is revised annually by the statistics service.

The claim price consists of the following components:

main debt;
interest on the use of money (if there was such an agreement);
interest on arrears.

Oral agreements usually do not talk about interest for the use of money. But the penalty for unlawfully withholding someone else’s money (in case of delay) is provided for in Article 395 of the Civil Code of the Russian Federation. The basis for their calculation is the key rate of the Central Bank.

Formula for calculating the penalty (percentage):

Amount of interest = Amount of overdue debt × Central Bank rate / 360 × Days of overdue.

The Central Bank rate may be changed by the judge to a fairer one if during the period of delay it made large jumps.

Proof

Providing the maximum amount of evidence will be the decisive factor in the litigation, since there is no main document, namely the contract.

The following facts may be included as evidence:

video recordings of negotiations;
audio recordings of telephone conversations where the borrower acknowledges his debt;
printed and notarized correspondence on the Internet;
a certificate from the telecom operator stating that the number holder of this telephone number is the defendant;
a copy of the claim and the fact of its delivery;
other evidence.

Where to submit

Since we are talking about a transaction between individuals, the place of filing depends only on the value of the claim.

The claim must be submitted:

for an amount of 50 thousand rubles - to a magistrate;
over 50 thousand rubles - to the district court.

Please note that the requirement for reimbursement of state duty is not included in this amount. According to the law, the statement of claim is filed at the place of residence of the defendant.

Arbitrage practice

Judicial practice can be examined using an illustrative example. Citizen N (plaintiff) transferred by money transfer to another citizen Z (defendant) an amount of xxxx rubles

By verbal agreement, money was transferred to buy a car for the plaintiff. But after xx months, the defendant has not taken any action to purchase and transfer the car, and also does not return the money.

The defendant, represented by citizen Z, does not deny the fact of receiving the money, but claims that it was given to him for transfer to third parties. The plaintiff filed a statement of claim asking for the return of funds, penalties for using other people's money and state fees.

The court of first instance of the city of Vladivostok ruled that the money should be returned and the state duty compensated; the request for a penalty was rejected. The Primorsky Regional Court overturned this decision, arguing that the money was a “donation”. The reason is the absence of a document that would confirm the purpose of transferring money, namely to buy a car.

The Judicial Collegium of the Supreme Court, as the last instance, recognized the decision of the Primorsky Court as erroneous. The dispute was considered from the perspective of Articles 1109 and 1102 of the Civil Code of the Russian Federation, which state that only those funds and other things that were transferred “to charity” are not subject to return.

In addition, the defendant must prove the fact of the gift, even though the defendant himself did not indicate the fact of the gift.

The described example had evidence of the transfer of funds in the form of a transfer receipt, but even in this case, the dispute caused ambivalent opinions among judges at various levels. But the possibility of a return, subject to high-quality legal work, is quite possible.

Similar situations may arise if there is a receipt without indicating that the amount was lent.

In practice, an oral loan agreement based on trust is often used. It is extremely difficult to return funds borrowed without a receipt in the absence of written proof of the fact of their transfer and the terms of return.

In such cases, before contacting the judicial authorities, lawyers advise filing a complaint with the police and recording all conversations, SMS, etc.

In this video I will show you how to draw up a statement of claim using a receipt. Which court to file, how to calculate the cost of the claim, calculate interest and state fees, what to ask the court for and how to create attachments for the statement of claim. A sample statement of claim based on a receipt, useful links, and you will see with your own eyes how a claim is drawn up based on a receipt.

Links and useful materials:

Text version of this video.

We will draw up a statement of claim based on a receipt. I’ll just say that this is not an easy task, so be prepared to have to do several approaches. Because a claim based on a receipt is rarely drawn up in one sitting.
But the good news is that if you have a receipt, the trial will definitely take place in your favor.

So. First, download a sample statement of claim based on a receipt, which is located at the link under this video. I will say that this is an excellent example, we submitted it to different courts in our country, everywhere it was accepted with bread and salt, and the courts considered cases in our favor.

The first thing you need to figure out.

In which court should we file a claim based on a receipt?
Here we are guided by two rules:

1. If the amount on the receipt is above 50 thousand rubles, we go to the district or city court, if the amount is less than or equal to 50 thousand rubles, then we go to the magistrate’s court.
2. We file a lawsuit at the defendant’s place of residence, which is indicated in the receipt.

That is, if the debtor lives in the Leninsky district of Krasnodar, then we file a claim with the Leninsky district court of Krasnodar, Krasnodar Territory. Go to the court's website to find out its correct name.

Parties to the case.

The plaintiff is you. The defendant is your debtor. Enter the required information in the fields.

Be sure to include your phone number and email. Make it as easy as possible for court staff to find you the first time.

Cost of claim.

The cost of the claim consists of the amount of the principal debt and all the interest that you intend to collect from your debtor.
We'll get to the numbers later. Now let’s fill in the rest of the information in the text: indicate the dates of your loan and get to this important point:

“The receipt (loan agreement) indicates the repayment period: “___” ___________ 20__ year...” If your receipt indicates the repayment period, then you fill out this field. The provided sample statement of claim for a receipt contains paragraphs for both this case and the following: read carefully and leave only the necessary lines in it.

It happens that the receipt does not specify the return period. And the receipt only indicates that the debtor received a sum of money from you. In this case, it is considered that the debtor is obliged to return the money upon your first request. That is, before filing a claim on a receipt, you must send a letter to the debtor by mail demanding that the money be returned to you. This is a mandatory condition in the case when the debt repayment period is not indicated in the receipt. It is advisable to send such a letter even when the return period was indicated in the receipt. Because the court treats better those plaintiffs who tried to resolve their issue first on their own, and only then they went to court.

Download a sample request (or claim) from the link below the video.

So, we believe that you already have such a requirement. We indicate the date of sending such a letter in our statement of claim.

And now we move on to percentages.

There are two types of interest: for the use of your funds (Article 809 of the Civil Code of the Russian Federation), they begin to accrue from the moment the debtor received the money until the moment of its return, and interest for unlawful withholding of funds and evasion of their return (Article 395 of the Civil Code of the Russian Federation ). This interest is calculated from the moment the debtor fails to repay you. These are two different types of interest and they are collected simultaneously. Art. tells us this directly. 811 of the Civil Code of the Russian Federation.

We first calculate the interest on the use of your funds. If the receipt indicates that you lent money at interest, then calculate how much money has accrued to date. If the receipt does not indicate anything about interest, then know that such interest is still provided for by law. And this interest rate is equal to the refinancing rate of the Russian Federation, it is small, but still money becomes cheaper over time and you should not suffer from this. It is best to calculate such percentages using a calculator. Link to calculator.

There is no need to make a full calculation in the statement of claim itself. We make the calculation on a separate sheet and attach it to the appendices to the claim.

Now we calculate interest according to Article 395 of the Civil Code of the Russian Federation.

This is interest for the fact that the debtor did not repay you on time. If the interest that we considered above is interest for the use of your money, and it begins to accrue from the moment the debtor received your money for use, then interest under Art. 395 of the Civil Code of the Russian Federation is interest for unlawful withholding of your funds and evasion of their return. Already outside the scope of your loan agreement with him. In other words, these are penalties.

First, we calculate the period for which we must calculate interest. For example, the debtor was supposed to repay the debt on August 31, 2016, and today is September 30, 2017. We go to the same calculator that is indicated under the video and indicate these dates, it will calculate everything for us.
We also do not describe the calculation in the claim, but indicate only the amount. We attach the calculation to the statement of claim as an appendix.

We calculate the cost of the claim and the state duty.

Now we know the percentages under Art. 809 of the Civil Code of the Russian Federation, which we calculated first, we know the interest under Article 395 of the Civil Code of the Russian Federation, which we calculated second and add them to the amount of the principal debt. % according to Art. 809 of the Civil Code of the Russian Federation +% under Article 395 of the Civil Code of the Russian Federation + amount of debt = price of the claim on receipt.

The state duty is calculated from the price of the claim.

The state duty is calculated using this calculator.

This brings us to legal costs.

Legal costs are the costs that you had to incur in connection with going to court. That is, the defendant violated the plaintiff’s right, he had to go to court, and therefore the plaintiff incurred corresponding expenses. Of course, the plaintiff asks to reimburse him for these expenses. Typically these include postage costs, state fees and legal fees. All costs are supported by documents and are also attached to the statement of claim.

To those who turn to us for help, we send the original agreement on the provision of legal services with a signature and seal, and you also attach this agreement to your statement of claim and the court recovers these costs from the defendant.

Now we list all the expenses we incurred and fill out the petition part of the statement of claim. That is, what we ultimately ask the court to do.

1. Collect the principal amount.
2. Collect interest for using our money.
3. To collect interest for the unlawful withholding of our money.
4. Collect state duty.
5. Recover legal costs.
6. Provide your bank details for transferring money.

In the appendix to the claim we attach all the necessary documents in such quantity that they are sufficient for all parties to the case: for the court and for the defendant. Perhaps the defendant will have a representative. We copy it and send it to the court along with the statement of claim.

Download full step-by-step instructions to collect debts by receipt, you can do it for free.