How to punish unscrupulous borrowers through the courts?

click fraud protection

Despite the fact that in our country, the overall level of cultural and moral values ​​in recent years has increased significantly, many people often behave in good faith and do not pay the bills on its debt obligations.What to do with these people, and how to punish them?

The main thing you need to pay attention when you give money to a loan - it's well-written promissory note (the contract).That it makes it possible to affect the attacker as debt collection through the courts always require any specific evidence.It is worth noting that the oral contract to prove the guilt would be very difficult, and sometimes impossible.

most important document that can assist in the return of debts through the courts, and that is the beginning of the trial, a statement of claim.It specifies the conditions under which to lend money, as well as other documents are attached, including the IOU.It should be noted that the assistance of the court paid state duty, which is 4% of the amount of the claim (in the amount of up to 20,000 rubles).The statement of claim made in duplicate.One gets along with the agenda of the future of the defendant, and the second is composed of a court case.

first phase of the trial - a challenge to judge both sides for some explanation, which will later be used in the case, as well as to supply further evidence.At this stage there is still the opportunity to peacefully resolve the conflict.

Then begins the second stage of the debate - the initial hearing.First presented conflicting parties, the secretary of the judge, and also there is the announcement of the lawsuit.I give the floor to the plaintiff.

After spoke plaintiff passed the word to the defendant.The defendant may be expressed as agreed and disagreed with claims.He also has the right to put forward in its favor certain evidence and facts.

next step the judge offers the parties an opportunity to turn to him with requests and petitions on the merits.Here you can request additional evidence, the evidence, as well as extension and business deposits.

in the final stages of both parties again took turns to speak, where the plaintiff and the defendant can again be described in a concise manner their true position on the claim.When the monologues are finished, the judge removed for decision making.The decision on the outcome of the case the judge shall personally in a special room, where he is no one can stop.First imposed primary resolution that tells you whether the claim is satisfied, and if satisfied, to what parts.Five days after that will be made a final court decision (motivated).Further there is appeal against the decision.

whole process of litigation - a long and often difficult.The plaintiff is usually faces some difficulties - is considerable and payment of state fees and payment for the services of an experienced lawyer, and the collection of all necessary documents.Before you give someone money in the debt, you should consider how his decision.