How to repay a debt if there is no receipt and witnesses: recommendations and practical advice

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

Everyone is familiar with the situation when you have to lend money to colleagues, friends or relatives. At the same time, only a few take a receipt from the debtor, the rest are guided by the fear of being ashamed for distrusting a loved one. But later, when all the repayment terms are coming to an end, and the debtor is still in no hurry, the lack of written loan agreements can interfere with the calm sleep of the one who lent his hard-earned money. How to repay a debt if there is no receipt and is it possible in principle?

Should something be done?

In most cases, citizens who are at risk of being left without money begin to behave fundamentally wrong, which only aggravates their situation. Some are eager to immediately apply to the judiciary or the police department, others are trying to intimidate the debtor and return their money by force.

Another way out is to take the situation for granted and mentally say goodbye to money. Unfortunate creditors are sure that even repaying a debt on a receipt through the court is not an easy task, not to mention circumstances when the main proof of the loan is missing.

Any of these tactics are doomed to fail. However, it is still necessary to act, because even according to the decision of the Supreme Court, personal money must be returned if it is not a gift. And although the one who lent money will face difficult litigation, he still has a chance of success. Let's consider practical tips and recommendations that will tell you how to get a debt repaid without a receipt.

Step One – Peace Treaty

As a rule, they don't give loans to unfamiliar people. The debtor is usually a relative or close friend. In this case, it will not be superfluous to try to peacefully resolve the situation. You should ask about the motives for non-return, once again discuss the conditions and terms. You can try this time to draw up a receipt or a loan agreement.

Obtaining such a document changes the essence of the matter radically, because there is already official evidence of the transfer of funds from one person to another, indicating dates, dates and amounts. Then the question of how to repay the debt without a receipt and witnesses disappears automatically.

If there is no one to go to the peace, the debtor is hiding or actively avoiding meetings and conversations, then you need to proceed to the next step.

Step Two - Gather Evidence

Some citizens are sure that they know how to repay the debt if there is no receipt, but there are witnesses. In their opinion, it is possible to apply to the police in order to file an application to initiate a case, and attach the testimonies of witnesses to the application as evidence of the fact of the loan.

In fact, it is normal practice to start a lawsuit on the fact of misappropriation of personal funds through fraud or breach of trust. But the testimony of witnesses in this case is not considered evidence, and in 99% of cases the application will be rejected.

It is necessary to start collecting evidence of the fact of borrowing money. The main task is to record contact with the debtor using technical means or on paper. Any options are suitable - SMS, correspondence from social networks, recording of conversations. It is important that in these contacts people mention the loan, its terms and conditions, methods of repayment, and so on. The more "evidence" you can collect, the more likely you are to get yours back.

What is accepted as evidence

The court considers video and audio recordings that record the facts of borrowing money. It is good if the debtor names himself and his data in the record so that the authorities do not have any doubts.

Printouts of details, SMS, screenshots of correspondence from social networks and e-mail will do. If the correspondence is too long, then electronic media is allowed. All this must be certified by a notary, regardless of the content. The notarial protocol involves a personal inspection by an employee of the office of the computer from which the correspondence was made.

You should pay attention to the method of transferring funds. Today, bank transfers through a mobile bank or other electronic payment system are increasingly used. If possible, you shouldmake a printout, which will indicate the amount and date of transfer with the purpose of payment.

In order to collect all the data, you will have to spend time and money. Here's what else the decision to lend money without a receipt can turn into. How to repay a debt when you have all the documents and printouts on hand? Let's move on to the third step.

Third step - contacting the police department

After collecting all the evidence and facts, a citizen can go to the police in order to file a complaint. Further, everything can turn out as follows. Option one - the application is accepted and a case is initiated for subsequent transfer to the court. Option two - refusal. If the police do not accept the application, then it will be possible to find out about the fact of an official refusal in office work within 24 hours.

How to return the debt if there is no receipt, and the police department refused to accept the application? It turns out that even in case of refusal there are chances of a return. First, this result can be disputed. Secondly, the law does not prohibit in this case the filing of an application for civil proceedings on the fact of non-repayment of the debt. Then you should go straight to court.

Fourth step - application to the court

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 very significant. So, for example, for a debt of 50 thousand rubles, the state duty will be at least 1,700 rubles.

Next, you must fill out the application form and indicate all the documents that can be attached to the case(collected evidence). After that, you should wait for the decision of the judge.

Filing an application to the court itself does not guarantee that proceedings will be automatically started. Within 5 days, the judge will decide whether to initiate a case or refuse. Also, the application can be returned or frozen. All this is accompanied by official written notices.

Certain issues that the applicant will face will be too confusing or difficult from a legal point of view. If the amount of debt is large and worth all the hardships, it is better to contact a qualified specialist. The services of a lawyer will not be cheap, but there will be a guarantee of a positive result, because in general the law is on the side of the applicant.

The court is on the applicant's side. What's next?

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 against the decision of the court. If he does not plan to do this, the case goes to the bailiffs, and they begin enforcement proceedings.

To prevent this process from dragging on for years, visits to the bailiff service should be made periodically. Those, in turn, are obliged to collect data on the financial situation of the debtor and possible ways to return funds from his side. So, the presence of real estate, valuable property, accounts and deposits will be checked. Bailiffs can prohibit travel abroad or freeze accountsdebtor.

How to repay a debt on a receipt

A receipt must be taken from an individual if the amount of debt exceeds the minimum wage by 10 times. The document must contain the personal data of both parties, the date of compilation, the amount of the debt in figures and words, the conditions and terms for its return. In the receipt, you can specify the conditions for pen alties for failure to return on time and the total percentage for using other people's money. This is not a mandatory condition and is rarely enforced in practice, but is permitted by law and will be taken into account by the court. The receipt must include the signatures and transcripts of the signatures of both parties.

Suppose all the formalities were met, and the citizen gave a loan on receipt. How to return the money if the conditions of the receipt were not met? You can go to court. It is not worth delaying the process, since the document has an expiration date - 3 years from the date of the proposed loan repayment.

Next, the same procedure occurs as in the case of repayment of debts without a receipt. With one difference - the collection of additional documents and evidence in this case is not required. The receipt must be provided in two copies.

So, we figured out how to return the debt if there is no receipt. This process is not easy, but the lender has a chance of success. The main condition is the availability of evidence and facts of the transfer of money in debt. The more evidence is collected, the higher the chance of a refund.