One day, one of my seminar students made a mistake and read “debt extermination” instead of “debt collection” on her business card. This reading error only confirms a subconscious negative attitude towards the debt collection procedure. In fact, the demand for debt is not speculation in debts, not legal blackmail, but a situation where “hard-earned money” is not returned. What to do in this case? Debts don't come out of nowhere. The main thing is to prevent the occurrence of bad debts. Even at the negotiation stage, it is possible to discuss securing obligations. A bill of exchange, a pledge of property or a surety will help. So, for example, during the cooperation of the parties, the solvency of the enterprise-customer of the service began to “melt before our eyes.” Meanwhile, the director of the enterprise himself belonged to the category of people from whom “there is something to take.” In this situation, the contractor convinced the director of the customer company to personally vouch for his own company. Six months later, the customer company stopped working, the assets were not enough to make payments - the guarantee came to the rescue. It was this agreement, as well as energetic steps to collect the debt, that helped the contractor not lose his earnings. It is equally important to continue the relationship with the debtor and find a reason for dialogue. This is a very important point in the theory of conflictology. By our behavior we set a scenario that the debtor implements in practice. If we believe a priori that the debtor is a fraudster and a thief, and we reinforce this belief with practical actions, then most likely we will be right, to our regret. Meanwhile, if we ignore cases of fraud, then the majority of debtors are people who want to pay us off under certain conditions. Give the debtor a deferment, sign a payment schedule, discuss compensation options. Even bankruptcy procedures do not exclude a settlement agreement with the debtor. Note that it is better to gain at least something after years than to lose everything. I know of one interesting case when a small door manufacturer owed a very considerable amount for accounting services. The debtor was in “subscriber unavailable” mode for a long time, but finally, before the annual report was due, he appeared in the office and explained the reason for the difficult financial situation. Then the creditor helped sell the debtor's doors to the bank where his current account was opened. From the first advance, the accounting services were fully paid for. However, so far we have considered situations where the debtor does not intentionally avoid fulfilling the obligation. But, for example, the leadership in the debtor’s organization has changed, and the new leader has a “new vision” regarding old obligations to the creditor. In this case, negotiations often reach a dead end. For example, filing an application with the court simultaneously with a request to apply interim measures against the debtor (seize property, prohibit making payments through third party accounts or using bills of exchange, and so on) may force the debtor to the negotiating table. I would like to emphasize the importance of negotiations before trial and during legal proceedings. A settlement agreement, as a rule, is preferable to a court decision, since the text of the settlement agreement is developed by the debtor and creditor themselves, and the decision is made by the court. No one wants to implement a decision that was imposed on him and which he considers unfair. In conclusion, let’s look at a classic example from the “decent debtor avoiding responsibility” series. Svetlana loaned Alexey $30,000 on a receipt. Alexey did not repay the debt within the specified period, citing financial difficulties. The debtor did not refuse meetings, behaved quite correctly, but constantly found more and more reasons for delay. Then Svetlana offered to sign a promissory note for her debtor with a deferred payment for three months. As a result, the creditor received her debt, as well as interest and penalties on the bill at the rate of the Central Bank of the Russian Federation. The tactic of granting even more deferment than the debtor asks for precludes further negotiations on the deferment. For example, the same tactics were used by a banker in relation to a borrower - an enterprise leasing premises. Only the bill was issued for a slightly larger amount than the amount of the debt. In addition, the creditor asked for a list of the debtor’s tenants with telephone numbers, and when “there was no money again,” the banker simply offered a discounted bill to several of the debtor’s large tenants. Three days later the loan was returned.

To go to court and file an application to initiate a case, you will have to pay a state fee. Its amount will not exceed 60 thousand rubles, but it can still be quite significant. So, for example, for a debt amount of 50 thousand rubles, the state duty will be at least 1,700 rubles.

If the court accepted the case for consideration and decided on the need for compensation, you can count on success. True, the debtor has the right to appeal the court decision. If he does not plan to do this, the case goes to the bailiffs, and they begin enforcement proceedings.

For a receipt and about what? and in any case you are obliged to repay the loan. now figure out how. further. How to reclaim what was taken from Yes, yours. further. An acquaintance borrowed money without a receipt. He paid off the debt with household appliances because he had no money. Write to pay back the debt with appliances.

The bailiff service, as you say, collects the debt on the basis of a writ of execution, a court decision, or a resolution to initiate enforcement proceedings.
Before you demand that the bailiffs collect the debt from your debtor, you need to file a statement of claim in court, and there, if you prove that your debtor owes you (cases of receipts are very difficult), then you will be given a court decision, a writ of execution. With these documents, contact the bailiff service with an application to initiate enforcement proceedings.
Only after these actions will you be able to write to the prosecutor’s office and other authorities about the illegality of actions/inactions of bailiffs

How to claim a debt without a receipt

Can I demand repayment of the debt on a receipt earlier than it is agreed upon due to the fact that the debtor is hiding? Well, include a clause stating that the person who lends money has no right to claim it earlier than the period specified in this receipt, otherwise the debtor will.

You have the right to go to court to recover the amount specified in the receipt. At the same time, it is necessary to keep in mind the following: if the receipt does not indicate a specific date for repayment of the debt, then you need to contact the debtor in writing with a demand to return the money to you. after 30 days you have the right to go to court. the receipt does not have to be notarized, and witnesses are not needed either. the main thing is that the receipt is written or signed by the debtor, it indicates to whom, how much is owed, the date of issue of the receipt, etc.

How to claim a debt without a receipt

How to repay a debt without a receipt is a question that is gaining immense interest among the population every day. The Internet is full of advertisements: debt repayment, debt repayment, debt repayment and the like. Colorful offers beckon, especially since all possibilities have been exhausted. Here salvation is a colorful sign, like a straw to a drowning man. Is it worth applying for such services? Decide for yourself. It is not news that there are several ways to repay a debt, both legal and illegal. The most correct and sure thing is to repay the debt through the court, which, as a rule, is feared and with faith and hope they wait for a miracle with a full wallet that comes in a dream. Using an illegal method can lead to an illegal response! There is little choice.

Debt repayment legally, through court, without receipt. The decision was chosen correctly and there is nothing to be afraid of. All you need is a statement of claim, a receipt from the debtor, witnesses (if any), hope for success. You can draw up a statement of claim yourself, but there is a chance of getting it back to correct the shortcomings. Ordering from a legal consultation is expensive!

How to repay a debt without a receipt or witnesses - three methods to solve the problem

For example, divide the amount of debt over a certain amount of time. So it’s easier to return 500 rubles a month than 2000 at once. If there is no trust in the borrower, you can contact a notary (third party), who will document an agreement to repay the debt in installments.

1. Audio and video recordings of conversations in which the borrower himself does not deny the fact that he owes money, as well as exactly how much.
2. Recordings from voice recorders that confirm the fact that the borrower does not want to repay the debt, as well as the reason for this.
3. Correspondence on the Internet, as well as SMS messages on the phone.

How to claim a debt without a receipt

Before contacting the police, you need to send an official letter to the debtor. In the letter you should write everything that was indicated in the email correspondence and in the telephone conversation. The letter must be registered so that you have notification of delivery to the recipient. You can also use telegram.

If you do not want to contact the police, then You can immediately write a statement to the court directly and do not wait for a decision from the internal affairs bodies. But in this case, you will have to prepare all the evidence of the debt yourself and, perhaps, even pay a good lawyer.

Repay the debt without a receipt

And you won’t have to carry out the following actions. But if the document has been received and the deadline for repayment of the debt has passed, you can now safely go to court with a receipt. A sample statement of claim can be viewed below. It is the receipt that is considered documentary evidence of the debt and is the basis for going to court.

To do this, you can invite the debtor to draw up a document with a real date, or the actual date of receipt of the loan. It depends on whether you intend to receive interest on the borrowed amount. In the case of interest, it is better to date the actual borrowing.

Is it possible to sell an individual's debt to collectors?

Collection agencies perform an important function - they are professional debt collectors. Until recently, their methods of influencing debtors were effective and brought results. Today, the activities of collectors are greatly limited by law, so not all agencies buy out bad debts.

Of course, buying debt is beneficial for collectors, especially when it comes to large amounts and high chances of collecting the debt. After all, before agreeing to a deal, agents carefully calculate all the risks and assess the solvency of the would-be borrower. And the higher the risks, the lower the transaction amount.

Are there ways to repay a debt without a receipt?

• all the circumstances of the situation that has arisen,
• time and place of money transfer,
• exact details of the debtor (full name, passport data, date of birth, place of residence),
• the amount of time that has passed since the day on which the debt was supposed to be repaid,
• requests for verification for crime.

Almost every sane person who finds himself in this situation understands that his chances of the debtor returning the money are slim. This is obvious and quite logical, because if the return of debt without a receipt becomes a precedent, imagine how many people will appear who want to raise money in this way, by fabricating imaginary debtors.

How to collect a debt from a debtor without a receipt

Did the defendant take possession of your funds through breach of trust? Does not repay the debt, taking advantage of the fact that you do not have documented evidence of the fact of the financial transaction. Yes it is. Consequently, he is a fraudster and will be held accountable to the law under this article.

Firstly, this is SMS correspondence. If you have one, you can print it out and have it certified by a notary - the court accepts and considers this kind of correspondence without any problems. However, this option cannot be called 100% reliable either, because... the debtor may begin to justify himself by saying that he did not have the phone at the time of such correspondence and that someone else sent the messages to the plaintiff. It is extremely difficult to prove or disprove the veracity of such statements, so for greater reliability it is recommended to prepare several types of evidence.

05 Aug 2018 207

There are often cases when acquaintances or friends ask for a loan of money, and few people think of bothering with receipts or witnesses to the loan.

The way society has developed is that nothing is spared for friends and acquaintances, but the consequences of such a loan can not only ruin friendships, but also affect the financial situation of the “savior” himself.

Oral agreements have their own dangers, as they do not provide guarantees that the debt will be repaid.

This practice exists even among families, but if it is 10-20 rubles, the loss is small, but if the amount exceeds 1000 rubles, it makes sense to think about it. We will find out further why people cannot or do not want to repay a loan, as well as how a debt can be repaid legally without a receipt and witnesses.

How to collect a debt from a debtor without a receipt? If the fact of transfer of money was not recorded and documented by a third party, debt collection becomes a real problem.

It is extremely difficult to prove when you lent to whom and how much if there is no evidence. However, human rights activists argue that legislation can support and also create all the conditions for the debt to be repaid.

There are three main methods of debt collection that have legal grounds. Among them:

• a statement to the police about fraud;
• trial;
• settlement agreement.

It is recommended to use these methods of debt repayment, since they are not only legal, but also do not pose a threat to the life and health of the borrower (as is the case when using the services of collection services).

The most cruel and dangerous for both parties are the services of debt collectors. For a certain amount, specially trained people are ready to literally knock out money and find it where there is none. It is better not to get involved with such organizations that operate illegally and can harm the life of the borrower. Be that as it may, no amount of money can replace a good friend and comrade, not to mention relatives. Let's consider ways to collect funds that are more effective and also operate within the law.

When collecting a debt, it is extremely important to take into account the moral side of the situation. If the person who owes money is really in a difficult financial situation and does not deny this, you can try to negotiate.

For example, divide the amount of debt over a certain amount of time. So it’s easier to return 500 rubles a month than 2000 at once. If there is no trust in the borrower, you can contact a notary (third party), who will document an agreement to repay the debt in installments.

The best option is to contact a notary, who will draw up a settlement agreement, indicating the rights and obligations of the two parties, indicating:

• loan repayment period;
• sum;
• consequences that entail liability in case of refusal to further repay the debt.

You can also draw up a receipt in which the borrower himself indicates that he borrowed money from a specific person (indicating his full name and surname, year of birth and actual address), and also undertakes to return it within the specified time frame. The document is valid after certification by a notary, and can also later be used in court as material evidence.

If, on the contrary, a person is hiding, has changed his place of residence, or is deliberately avoiding contact, then a trial cannot be avoided.

First of all, you need to try to come to an agreement on your own. This will not cause further discord in the relationship, nor will it ruin the reputation of both parties. Law enforcement is a last resort when the situation is truly out of control and requires third party intervention.

There is no need to be afraid to stand up for your rights. Many people are ready to forgive a large sum to their debtor, just to avoid the situation becoming public.

In addition to the fact that the money will be returned, you can also claim moral compensation, which the borrower will definitely pay if his guilt in failing to pay the debt is established by the court.

Contacting the police

If the borrower, without substantiating the reason, refuses to repay the debt, you can contact the nearest police station and write a statement about fraud, in which you indicate in detail all the details of the situation.

Within a certain time, it will be considered, and the borrower will be summoned for questioning, the result of which will determine the further course of action.

During the interrogation, if the borrower categorically denies the fact of borrowing money, the investigator will transfer the case to court, where further proceedings will be carried out.

Usually, the police department makes the borrower understand the seriousness of the situation, as well as the burden of responsibility that awaits him in the event of further refusal to collect the debt. If, even after these convictions, “things are still there,” then the court will deal with further proceedings.

Statement of claim to court

Let's look at how to collect money from a debtor without a receipt through the court.

If the amount is serious, and the borrower behaves boorishly, categorically refusing to return the money received as a loan, you can skip the previous point and go straight to court.

It is advisable to support the judicial statement with any evidence, among which you can use:

1. Audio and video recordings of conversations in which the borrower himself does not deny the fact that he owes money, as well as exactly how much.
2. Recordings from voice recorders that confirm the fact that the borrower does not want to repay the debt, as well as the reason for this.
3. Correspondence on the Internet, as well as SMS messages on the phone.

The more evidence is collected, the faster the debt collection case will move forward. It would also be useful to know that the borrower is quite capable of repaying the debt. This may be evidence in the form of a certificate from your place of work about wages for the last 3 months, as well as photos of purchases made during the loan.

Usually the defendant is explained in detail that he will not only return what he owes, but also moral compensation for what is happening. This is quite enough to sign a settlement agreement, as well as agree on a debt repayment scheme in the presence of third parties. The prospect of paying what you owe and also compensation for moral damage is not particularly encouraging, forcing you to think about your own behavior and repay the debt as quickly as possible, putting an end to numerous disputes and trips to court.

You need to understand that in some cases it is extremely difficult to prove that the borrower owes money. This significantly aggravates the legal process and can also make its outcome not in favor of the plaintiff.

Let's look at two key factors that significantly influence debt collection:

1. Presence or absence of evidence. If in court there is nothing to present except a claim with the stated situation, the probability of debt repayment sharply decreases to 12%.
2. The behavior of the borrower, as well as his denial or agreement to repay the debt. If a person is friendly, but due to the current difficult financial situation, he does not have the opportunity to return the entire amount, you can always compromise by agreeing on the timing of the return of the money. If the fact of the loan is not recognized, the case may be closed due to the lack of corpus delicti and evidence.

Loans and credits are something without which modern life is unimaginable. Funds are used in difficult financial situations, in cases where a certain amount is needed to purchase property or open a business. However, this positive opportunity often turns into a nightmare for the lender. Debts are often not repaid. Sometimes the debtor's obligations can be very large, and therefore difficult to forgive.

How to repay a debt? There are legal and other instruments for this. They can be used individually or in combination. For each specific situation, the measure that will be most effective is selected.

How can I repay my debt?

Most debt collection issues are resolved at the pre-trial stage. Negotiations are underway between both parties, as a result of which a compromise option for the return of funds is found. This is the easiest way to get money. But it is not always working and, if a person does not want to give up the funds, the creditor can take more serious measures.

How can you force a debtor to pay money on your own?

Involves independent conflict resolution. A person needs to study the laws, consult with a lawyer and prepare a list of articles that the debtor violates. In this case, there must be documents confirming the existence of debt. Such documents may be an invoice, an act of acceptance of work or goods, or, for individuals, a receipt. Read how this happens on our website.

Then, with a list of demands, the creditor turns to the person who has the debt. This is a measure of psychological pressure. It is required to notify the debtor of what measures will be taken if he refuses to pay the money.

Another independent measure is filing a claim. must contain requirements for the person, as well as the time frame within which he must pay the money. If the conditions are not met, you can proceed to the next stage.

Going to court is one of the most effective ways.

Trial

How to force a person to repay a debt? Going to court is one of the most effective ways. To initiate proceedings you need:

• Draw up an appropriate claim;
• Attach to the claim documents that confirm the existence of the debt and its amount;
• File a claim in a magistrate or district court. If the amount of the claim is less than 50,000 rubles, the issue can be resolved through a magistrate.

The method is effective because the bailiffs who will conduct the enforcement process have legal leverage over the debtor. For example, this is the seizure and sale of property, withdrawal of funds from wages. How are debts collected under writs of execution? A lawsuit will be most effective in the following cases:

1. The debtor has assets, property, bank accounts from which money can be obtained;
2. The statute of limitations expires, and the creditor has the last opportunity to resolve the case through the court;
3. All documents confirming the amount of debt and late payments are available.

But solving the problem through the courts has many disadvantages. Until the defendant’s guilt is proven, the costs of conducting the case are borne by the creditor. This is a lengthy procedure that does not always solve the problem.

How to collect a debt by contacting unofficial law enforcement agencies?

How to get out of debt? Often a desperate creditor comes up with the idea of ​​turning to unofficial structures to forcefully resolve the issue. However, this measure has not been relevant for a long time. Firstly, the time of gangs and authorities resolving issues through violence has already passed. Secondly, the influence of law enforcement agencies has increased, and the creditor may suffer serious punishment for his initiative.

In the event of illegal debt collection, the debtor has all the tools to bring those involved in the pressure to justice. This brings with it problems with the law and damage to your reputation.

Institutions that help to collect debt from a person

This measure is appropriate both at the pre-trial and trial stages. The creditor can contact the following structures:

• Security Service. A package of documents about the debtor is transferred to the company's security service. This may be personal information, information about relatives, if the latter is specified in the contract. Service employees try to contact the person and put pressure on him within the framework of the law;
• Collection agencies. This is the most popular measure for getting money. The agency can only receive a portion of the amount owed. You can also sell the debtor's obligations to him. The intervention of collectors is very effective, because they themselves are interested in getting money.
  The agency uses various psychological measures of pressure on the debtor. The range of his rights is quite limited, and therefore situations of violation of the law often occur in the process of pressure. The person who has the obligations, in this case, can file a lawsuit complaining about illegal actions;
• Mediator service. Mediators are specialists who help resolve conflicts peacefully. They are responsible for finding a compromise between the two parties and conducting negotiations. Such services are becoming increasingly in demand. They are legal and beneficial for the creditor and debtor.

How to collect a debt? To do this, you can choose one of the listed measures, or combine them.

The creditor can turn to collectors in order to receive money after receiving the writ of execution. Since bailiffs do not always carry out their work efficiently, turning to the relevant structures will help speed up the process.

How to force a person to repay a debt? The lender has quite a few effective tools to get money. But to apply them, you must first familiarize yourself with the law:

• Firstly, these are the measures that are taken when funds are provided. The creditor can and must protect himself from the debtor’s dishonesty.
• Secondly, these are judicial and extrajudicial measures that allow the recovery of money issued earlier.

How to collect a debt? To do this, you can use the following levers of influence on the debtor:

You can repay the debt at the pre-trial and judicial stages.

You can learn more about how to repay a debt by legal means from this video:

How to collect a debt? The lender has a lot of leverage. Litigation is expensive in terms of time and money. Contacting debt collectors may result in their illegal actions, which will result in legal liability for the creditor. The best way out is to find a compromise with the debtor, since other methods have their drawbacks. At the negotiation stage, about 60% of debts are repaid. It's safe and really works.

What are the features of the simplified debt collection procedure? How does the debt collection service work when returning utility debts? When and by whom is it possible to purchase debts?

Hello everyone who visited our site! We have an expert with you - Denis Kuderin.

We continue the series of articles about loans, debts and their timely repayment. The topic of this publication is “Debt Collection”. The material will be of interest to both debtors and creditors.

Those who read the article to the end will receive a guaranteed bonus - advice on how to deal with a debt collection service in order to avoid trouble and maintain mental health.

1. What is debt collection?

In recent years, due to the worsening economic situation in Russia, many citizens' income levels have decreased.

At the same time, prices for services and goods are constantly rising, which negatively affects solvency and the ability to repay debts on a timely basis, including loans and borrowings.

According to economic dictionaries, duty- this is a sum of money taken by one person from another person for a specific period under certain conditions and must be returned.

The final part of the definition is especially important. The debt must be repaid in full - with interest due and on time. Failure to repay the debt entails the accrual of fines, late fees, and other sanctions from the creditor.

But what to do when the debtor does not repay the debts? In this case, the creditor has the right to initiate debt collection proceedings.

There are three stages or types of debt repayment:

• pre-trial procedure;
• judicial;
• extrajudicial.

The lender has the right to use any method of debt repayment that it deems necessary. The most preferable option for both parties is pre-trial settlement of the dispute. In this case, there are no costs for legal proceedings and the time of the collection procedure is reduced.

In some situations, it is more profitable for the creditor to initiate legal proceedings. Financial organizations and individuals can collect debts in a simplified manner. To do this, the situation must satisfy certain conditions.

For example, you need a loan agreement providing. Either there must be unconditional recognition of the fact of the debt by the debtor himself or the presence of a receipt as indisputable evidence of the transfer of money.

In such cases, writ proceedings are initiated, which, unlike executive proceedings, are carried out in an accelerated manner and do not require the presence of the defendant at the court hearing. The result of accelerated paperwork is an order to forcefully collect the debt or reclaim the debtor’s property.

Since January 2017, authorized structures have the right to collect debts for utility bills in a simplified manner. Organizations initiate legal proceedings, the court, based on the evidence presented, issues a writ of execution, which is sent either directly to the debtor’s bank or to his place of work.

As a result, the required amount is debited from the defaulter’s account or salary. In this case, no one asks the debtor for consent to the procedure - the decision is made unilaterally. However, a citizen has 10 days to appeal the court decision.

The procedure is undertaken in relation to willful 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 can be found in the article “”.

2. What are the types of debt collection - 3 main types

Creditors 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 settlement option if he does not have time to return the money within the agreed period.

Now let’s learn more about the most common methods of debt collection.

Type 1. Pre-trial collection

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 the debt will still have to be repaid, but it is better to do this without involving third parties.

If repayment on the appointed date is impossible for some reason, the parties agree to postpone the “X-hour” to a later time or agree to restructure the loan. In this case, the terms of the loan change.

View 2. Judicial collection

Legal proceedings are a very effective way to return funds, provided that the fact of transfer of money is documented and proven. In the case of bank loans, there will be no problems with evidence, since the creditors have in their hands 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 a debt, you need witnesses or other evidence of the transfer of money.

The following is considered evidence:

• Internet correspondence with relevant content;
• SMS messages confirming the fact of the debt;
• audio and video recordings.

The result of a successful trial for the creditor is a writ of execution or an order for the forced return of funds. The debtor has the legal right to appeal the judgment within a specified period.

True, the presence of a writ of execution does not guarantee a 100% return of money. This document still needs to be “cashed out”. The writ of execution is handed over to the bailiffs, who choose the most appropriate method of collection.

For example, they can seize the debtor's property and then sell it at auction. Or the sheet is sent to the borrower’s place of employment, and the funds are debited from his salary. The document can be transferred to a pension fund, an educational institution or to the debtor’s bank, if it has funds in its account.

View 3. Extrajudicial collection

The creditor has the right to assign the debt to third parties - companies that professionally engage in debt collection. These organizations are called collection agencies. They operate on a commercial basis and charge up to 50% of the existing debt for their services.

Transferring the collection procedure to third parties is especially popular among banking institutions. Loan agreements usually contain a clause that gives banks the right to resort to this method of influencing debtors in the event of the latter’s failure 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 so-called bank call centers. Their main function is to inform the client about the occurrence of debt.

Claimants are prohibited from:

• threaten the health and property of citizens;
• humiliate the dignity of the debtor;
• address certain categories of citizens - in particular, mothers of children under 1.5 years of age and pregnant women;
• mislead the debtor about the debt;
• disturb more than three times a week.

In a civilized society, a professional debt 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 secrets and tricks that help them achieve success, but a person with minimal legal literacy is able to effectively resist the pressure of collectors and protect their legal rights.

In the table, the disadvantages and advantages of each debt collection method are presented in visual form:

№	Collection method	Advantages	Flaws
1	Pre-trial	The creditor does not incur legal costs	Return not guaranteed
2	Judicial	High probability of refund	Litigation costs time and money
3	Extrajudicial (assignment to third parties)	Debt recovery activities are carried out by professionals	Collectors charge up to 50% of the debt amount for their services.

3. What tools are used to collect debt?

We've sorted 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 informed about the existing debt and motivate him to repay the funds.

1) Phone calls

Calling the debtor is the first thing bank employees do when they discover overdue payments. First, a call to a mobile or home phone is made 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 generally put pressure on your psyche. You will simply be reminded that you have a debt and will be given a specific deadline when the debt needs to be repaid.

Further conversations will be more tough and 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 lender's proposals, he has the right to move on to the next phases of influence.

2) SMS notification

In addition to calls, creditors and their representatives use SMS to inform the debtor. The content of such messages varies from extremely restrained to close to threatening.

Examples

“To avoid calls to your employers, urgently pay your loan debt. Best regards, NNN Bank."

“The longer you don’t pay, the larger 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 add you to the black list of persistent defaulters.”

Advice to debtors is to save all messages from the bank. May be useful in court proceedings.

3) Letters

Another type of influence is letters. They can also be neutral in content and threatening. In the latter case, save the document - again, to present it in court if the matter comes to trial.

4) Visit of a bank employee to the debtor’s home or work

If calls and letters have no effect within a month or two, the lender resorts to more effective procedures. Bank representatives or private lenders can come to the borrower’s home or contact them at their place of work.

Again, no one has the right to threaten the property, much less the health of the debtor, but such measures can cause psychological discomfort, a feeling of shame and a desire to pay off debts. And this is already enough for the lender.

5) Involvement of collection agencies

As a rule, banks do not sell debt directly to collectors or do so in extreme situations. Typically, collectors act on the basis of an agency agreement with a financial company.

That is, collectors, in fact, act as representatives of banking organizations, although they act on their own behalf.

The actions of collectors are not always limited to legal limits. Even if they do not directly resort to threats and personal contacts, they can search for incriminating 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 full detail the consequences of non-repayment of the debt. Or post leaflets with relevant content in the entrance and on the doors.

4. How debt collection occurs - 7 main stages

Debt recovery in a situation where the debtor is not eager to pay off as quickly as possible is a gradual and lengthy undertaking.

Let's consider the main stages of this process.

Stage 1. Conducting a debt analysis

First of all, the creditor needs to analyze the current situation and try to find out why the debt arose. Perhaps the debtor is unable to repay the debt on time as a result of force majeure, illness, or dismissal.

If so, it is worth offering him to restructure the loan and postpone the repayment deadline. Sometimes such a 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 his recent holiday abroad on social networks. The lender must monitor such facts and choose the best course of action.

Stage 2. Notifying the debtor and finding out the reasons for delays

The debtor must know that the creditor has not forgotten about him and is patiently waiting for his money to be returned. To do this, bank employees or individuals inform their “client” by all means about the existence of a debt or overdue payment. We have already talked about influence tools above - calls, SMS messages, letters.

Stage 3. Submitting a claim to the debtor for non-payment

The next step is a formal complaint. 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 indicate the details of the debtor, the amount of debt, dates and deadlines. If the case goes to court, this document will need to be attached to.

Stage 4. Attracting collectors

If the steps listed above do not bring results, the creditor has the legal right to turn to third parties - collectors. These people know how to darken 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.

Stage 5. Sending a notice of preparation to transfer the case to court

If the claimant understands that all methods of influence are ineffective, he has only one option left - to go to court. Not only banks, but also individuals, as well as collectors or debt collectors hired by the creditor have the right to do this.

But first, the debtor will be sent a notice that the lender has exhausted all methods and is forced to initiate legal proceedings. The defaulter will be given one last chance to repay the debt - for example, within 10 days. If he does not do this, trial will not be avoided.

Stage 6. Preparation of debtor documents for transfer to the legal department

To confirm the rights to collect a debt, a bank or an individual must prepare a package of documents. This includes contracts, receipts, promissory notes, deeds of transfer of property, and invoices.

You will also need evidence of an appeal to the debtors with a request to repay the debt - copies of letters, claims, postal receipts.

Stage 7. Trial

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 order is not a guarantee of a refund. Enforcement of a court decision is a separate stage of collection, the duration of which no lawyer can predict.

For a clearer idea of ​​the methods and stages of debt collection, watch a short video.

5. Who carries out debt collection - review of the TOP 3 companies providing services

If the creditor does not want or does not have the time to collect the debt on his own, he delegates this process to professional organizations.

Especially for our readers, we have prepared a review of the three most reliable and competent companies of this profile.

Lawyer Igor Yurievich Noskov will help residents of Moscow resolve debt collection issues.

Pre-trial settlement of a debt dispute, judicial resolution of a problem, actual collection of debts - any of these situations requires the participation of a professional with extensive experience and an extensive portfolio of successful cases, capable of understanding the situation and advising any of the parties.

You can sign up for a consultation with Igor Yuryevich by filling out a simple form on the website. After submitting your 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 collection services. Staff 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 resolve the dispute out of court, provide support in court and speed up the enforcement process after a decision is made.

The International Collection Agency has been dealing with 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 statute of limitations has passed or the creditor does not have documents confirming the fact of transfer of money. If you don't know, just call the ICA and get advice.

OPG is a bar association 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's staff includes lawyers, advocates, arbitration managers, professional appraisers and experts. All employees have extensive practical experience and qualifications confirmed by diplomas and certificates. The cost of debt repayment services starts from 9,000 rubles.

6. What are the statute of limitations for debt collection?

Limitation period is the period during which a creditor has the right to go to court for debt disputes. According to civil law, this period is 3 years.

The report starts from the first day of late 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 court decision.

So, if a creditor discovers that the debtor has failed to fulfill his obligations, he has the right to file a claim in court within 3 years. In the case of bank loans, the period of claim begins from the moment the client makes the last payment.

7. How to deal with a debt collection service - useful tips for debtors

And in conclusion, some useful tips for debtors. Paying off debts is, of course, right, but not paying off is not good. However, in life there are different situations - including those when there is no way to return the money.