requires repayment of debt

[Anonymous]

I borrowed from my friend a large amount of money against receipt. He returned the money in parts when in the presence of 1-2 witnesses, and when one on one. Debt fully repaid. But a friend sued me and demands that I return the money to him the second time. How should I be in this situation? I didn’t take receipts from my friend that I returned the money to him, but my receipt remained with him.

 

[Бедеров Игорь Сергеевич]

To clearly fix the transfer of money, you should:
- transfer them to the current account;
- use the receipt that the money is returned;
- use the act of transferring money for one-time payments;
- track the destruction of your receipt in the last payment;
- get your receipt with the signature "completed".

If the debtor issued a debt document to the creditor in evidence of the obligation, the creditor, accepting the execution, must return this document, and if it is impossible to return, indicate this in the receipt issued by him. The receipt may be replaced by the inscription on the returned debt document. The presence of a debt document with the debtor certifies, until proven otherwise, the termination of the obligation.

If the creditor refuses to issue a receipt, return the debt document or note in the receipt that it is impossible to return, the debtor has the right to delay the execution. In these cases, the creditor is considered to be past due - the law protects the debtor and allows not to repay the debt if it is refused to issue a receipt.

 

[Anonymous]

I already understood all this, but now how can I prove that I gave money? Do I have any chances, or a friend for the second time can get money from me?

 

[Бедеров Игорь Сергеевич]

The method, in the presence of good contacts in the Ministry of Internal Affairs. It is necessary to write a statement to the police about the fact of fraud, inform about witnesses of the transfer of money. The creditor will be called and try to take the explanation that he received all the money in full. These explanations will become your defense against persecution. Other methods seem to me completely illegal.

 

[Anonymous]

if this person had the audacity to file a lawsuit to recover a debt, he certainly prepared for a meeting with the police. It is unlikely that they will be able to split it. And I talked with witnesses, they saw that I transferred money to him, but with them we did not count the money and did not say why I give them

 

[Адвокат]

Unfortunately. you have practically no chance to win a lawsuit, because you do not have evidence that you repaid the debt, moreover, in addition to the main debt, your creditor has the right to demand recovery of interest for using borrowed money from you

 

[Матушкин Андрей Николаевич]

Thank!

 

[Anonymous]

In accordance with Part 1 of Art. 55 Code of Civil Procedure of the Russian Federation You have the right to prove your position, including testimony of witnesses. In your case - work for a good lawyer. Need help contact. All debt may not be repaid, but part is likely. We will advise for FREE.

 

[Адвокат]

If the loan amount exceeds at least 10 times the statutory minimum wage, receive legal a positive court decision is not possible.

The debtor's question was:
- about a large amount
- the lack of evidence of debt repayment, i.e. The debtor needs to prove the lack of money of the loan agreement.

And on this occasion, the Civil Code of the Russian Federation reads:
Article 812 of the Civil Code of the Russian Federation. Challenging a loan agreement
1. The borrower has the right to dispute the loan agreement for its non-cash, proving that the money or other things have not actually been received by him from the lender or received in a smaller amount than indicated in the agreement.
2. If a loan agreement must be completed in writing (Article 808), challenging it by lack of money by testimony is not allowed , unless the contract was concluded under the influence of fraud, violence, threat, malicious agreement of the representative of the borrower with the lender or a combination of difficult circumstances.

Section 808. Loan Agreement Form
1. A loan agreement between citizens must be concluded in writing if its amount exceeds at least ten times the minimum wage established by law, and in the case when the lender is a legal entity, regardless of the amount.
2. In support of the loan agreement and its conditions, a receipt of the borrower or other document certifying the transfer to him by the lender of a certain amount of money or a certain amount of things may be presented.

If you, Konstantin, have a positive experience of circumventing the provisions of the law I have indicated, or of ideas on how to circumvent this ban, please share them on our forum.

 

[Anonymous]

I already understood all this, but now how can I prove that I gave money? Do I have any chances, or a friend for the second time can get money from me?

Before applying to the police about the fact of fraud, bring in a private detective and try to track together the cash flow of both yours and the scammer, namely, when the scammer got money and where he could spend it. As a rule, if the amount of money is large, then purchases or the method of storing money are monitored, but when the amounts are small, then the expenses are appropriate. In exactly the same way, where did you come from and how did you get the money for settlement under the contract, who can confirm that you had the exact amount on the day of transfer, who was present at the time of the transfer, etc. By and large, a good detective with certain capabilities can provide you with such assistance. What region are you from?