Debt collection from physical persons - a very difficult and lengthy exercise.There are several categories of such cases:
1. The dispute over the debt between the two individuals.
2. The dispute between the legal entity and an individual debtor.
Litigation between individuals
very common situation where two citizens enter into a loan agreement.In most cases, these relations not documented.Typically, they borrow money from friends or acquaintances with relatives.And receipts take a bit awkward, because people know each other for a long time.But if we are talking about a large sum, it is a very slippery slope.The law provides that loans worth more than a thousand rubles must be furnished in writing.If you did not, you will not be able to give evidence in court, that the loan did take place.Even the presence of witnesses will not help you - there is no document, there is no evidence.Debt collection from natural persons in such cases unpromising.It may be advisable in this case to initiate the conversation by e-mail, ensure that your debtor began to answer you.It may turn out that in the context of the correspondence he recognizes that the loan was issued and it is in arrears.Then your lawyer will be able to build a case that proof.Debt collection from individuals are successful, if there is a receipt.On the basis of Article 122 of the Civil Procedural Code of the Russian Federation, with receipt in hand, you apply to the court for the issuance of the writ.The court will review your case, the presence of the debtor is not required.Issued as a result of the court order is tantamount to court order.Debt collection from individuals in this form does not take much time and the duty to be paid, will be less than half the ordinary proceedings.
Litigation between the legal entity and citizen
There are cases when the recovery of the debt from individuals requires organization.For example, an employee has a duty to the employer, or the case brought against the financially responsible person who caused harm or damage to the property of the organization.For such debt is less than the time within which the claimant may apply to the court.It limits the range of workers who may be subject to such liability.
The most common case is now as debt collection of individuals holding the bank.Banks usually require immediately arrest the debtor's property.If a citizen of a small debt may make postponement of debt repayment, such as to resolve the disputed issues in the pretrial order.In most cases, banks are going to meet the debtor and sue only when they see no other way to carry out debt collection from individuals.
In all the above cases, the claim for recovery of debt - this is only the first step.Now we have to somehow get the debt in cash.Sometimes it turns out that the debtor has no money, no property.There really need help of a qualified lawyer.
