Contractual relations today have long been the norm.Organizations or individuals enter into agreements on the implementation of specific work, provision of services, supply or sale of products, and sometimes just take the money borrowed under certain conditions.But not always the part properly perform its obligations.There is a conflict situation, which requires immediate resolution.Otherwise, the aggrieved party is entitled to claim damages.The contentious issue can be resolved peacefully.But often, the parties do not find understanding, resulting in one of the parties to the conflict have to seek the assistance of the competent authorities.Debt collection by the court in this case is the only opportunity to restore justice.This work is done by a special legal services and law firms.
There are two categories of debt between the parties:
- parties to the conflict are individuals, in this case, the question boils down to return funds borrowed for a specified period.The fact that the debt must be confirmed by a receipt or loan agreement.
- debtors and creditors - legal entities, and the amount of the debt was incurred as a result of failure of one of the parties in the period of its obligations under the prior contract.If the company has a lawyer, it can independently represent himself in court.
debt collection court begins with a study of the documents on which the claim is made then.It creditor must substantiate their claims against the debtor.Not every lawyer can properly make such a statement, so in this case it is better to seek assistance from a lawyer who specializes in such matters.A well-formed claim - is half the battle.An experienced lawyer should examine all materials and try to observe the pre-trial procedure.
To start with the debtor need to undertake the necessary work with claims.It must be drawn up an act of reconciliation, confirming the existence of the debt.This document confirms the fact of the debt.Together with the treaty itself, he will be the main evidence in court.If one of the parties refuses to sign the act, the creditor must be proof that the debtor repeatedly sent such a document.This can be a mail Receipt of registered mail with a copy of the letter.
There is another aspect that must be considered to debt collection court went well.This - the statute of limitations.As you know, the recovery is only possible within three years from the date of the indebtedness.After this time the recovery becomes almost impossible.This is used by many debtors.They lay in every way while payments delayed signing acts, trying to reach the expiry of the limitation period.In this situation, no one, even the best lawyer can not do anything.
Sometimes even such situation: at the time of filing a lawsuit in court the debtor was insolvent.Then, even if all the documents are prepared correctly and on time provided for the consideration, bring him to justice is almost impossible.Sometimes debtors are quite adventurous and try to hide the available assets.Therefore, you must carefully examine the pre-financial situation of the debtor, and only then take any action.If a case is already set in motion, and the lender has a fear of being cheated, he may apply to take the necessary measures against the debtor.In this case, the court has the right to seize the property, as well as all the accounts of the debtor, and to prevent concealment than the available funds."The hapless debtor" is devoid of choice, and recovery of the debt by the court to become a reality.
But these procedures can be avoided if the time to assess the situation and make the right decision.Debt collection through court - a necessary measure.To it usually resort in cases where a compromise between the parties is impossible.But even after filing a lawsuit can avoid unnecessary expenses by signing a peace agreement.A man should always use common sense and do not ignore the possible benefits.
The situation is similar in the case when the creditor and the debtor - physical persons.Often in life there are times when you want to buy any thing, but the money for the purchase is not enough.Some in this case apply to the bank for credit.But with the return of the amount will have to be taken in addition to pay a certain percentage.Therefore, most people prefer to borrow from relatives or friends.If such a transaction must be made into a loan agreement or a receipt.From a legal point of view is preferable, of course, the treaty.But the receipt can also be a good warranty and a powerful argument in court.Just make it to be appropriate: with exact details of parties, amount of the loan, the name of the currency in which it is granted, and the period of repayment.The most important thing is that we must have a complete understanding of the person to whom you give your money.We must be fully confident in its solvency and integrity.Otherwise you can not avoid litigation.
Sometimes people borrow money with a clear intention to return them.They can enter the lender misleading, exaggerating their income in words or citing an expensive property.The result is that the property actually belongs to another family member, or is under arrest, and therefore can not act as a guarantor of repayment.Debt collection under the contract in such a case can be difficult.Sometimes the situation is quite the opposite.Man has the necessary funds for debt repayment, but hides them.This once again underlines the fact that you need to collect as much information about who you are going to borrow money.The rest of the procedure return is the same as that in the case of entities.First, you are trying to negotiate, and then compose a statement of claim, and only after a competent court takes a decision.
