In cases where the debtor is not going to take the time to return the money, the creditor may apply to the courts.If the debt was formed due to the relationships that are inextricably linked to entrepreneurial activity, then this kind of business will be considered in the arbitration court.Note that in this case developed a statement of claim for the recovery of debts submitted to the court at the location of the debtor.
course, there are exceptions, which include the fact that the debtor's place of residence is simply unknown.In this case, the claim is served on the location of any property.It should be noted that a claim for recovery of the debt may be submitted and the place of performance of the contract concluded between the parties.
Before filing a claim should take some action to recover the debt.For example, before going to court the debtor must send a written claim for the recovery of damages.In the case of the failure to conduct this procedure the court has the right not to accept the claim filed for consideration.The claim must be made in such a way that the recipient understands clearly what is at stake.It should specify which obligations must comply with the debtor, what documents prove the debt, to clarify the obligations for which there was one or the other debt.Further, it should register the full amount of the debt, as well as other circumstances, which will help resolve the matter out of court.
How to make a claim for recovery of arrears?
immediately drew attention to the fact that all the mandatory requirements of legislators enshrined in Article 125 of the APC.If a person has enough experience for the preparation of the statement of claim should be required to fulfill the conditions required.At the beginning of the application, but rather in his hat, indicate the name of the court, as well as his address.The following information about the claimant to indicate its data and information about the defendant.
If the party to the proceedings is a legal entity, it is necessary to pay attention to the correct designation is the legal address of the organization.If the defendant is more than one, you must specify all the addresses.You can also specify the coordinates of a third party - of course, if their presence is necessary.The statement of claim for the recovery of debts should be written in several copies, that was enough for everyone in the business entities.The text of the lawsuit should be phased to paint all the circumstances which confirm the position of the plaintiff.There are no special requirements that govern the writing of the content of the text does not exist, but available information still stands as a structure.In this case, the judge will not have any additional questions.
If, for example, a claim to recover the debt under the loan agreement will not properly executed, the court clerk has the right to return it to the applicant to correct certain inaccuracies and deficiencies.For these reasons, you should use the advice of competent and experienced lawyers who can help create the right document.
