debt recovery

[Anonymous]

1.5 years ago, I lent a large sum to my friend. Money was given for 3 months. Until now, the money has not been returned to me. A friend wrote a receipt with his own hand, but the transfer of money took place without witnesses. The receipt was not certified by a notary. Can I count on winning a case if I go to court?

 

[Бедеров Игорь Сергеевич]

You can. A bond receipt must be properly executed, for example: ----------------------------------------- --------------------------------------- IOU, ___________________________________________ living at - ____________________________________________ passport ___________ issued ____________________ took from ______________________________ Resident at: _____________________________________________ Passport ___________ issued _____________________, 100 (with t) rubles for a period of 1 (one) year. I undertake to return (exact date) _______. Number Signature Last Name Initials ---------------------------------------------- ---------------------------------- CC Chapter 42. Loan and credit. Article 808. The form of a loan agreement 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 if 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. p. 2. Article 314 of the Civil Code of the Russian Federation : “An obligation not fulfilled within a reasonable time, as well as an obligation, the deadline for which is determined by the time of demand, the debtor must fulfill within seven days from the date the creditor submits a demand for its fulfillment, if the obligation to fulfill at another time does not follow from the law, other legal acts, conditions th obligation, business customs or the essence of the obligation ”Also p. interest received in the amount of these funds is received or saved at the expense of another person. The interest amount is determined by the lender existing in the place of residence.

 

[Детективное агентство. Украина. Харьков. Львов.]

Of course you can. But count on the fact that this event (trial) may drag on for some time.

 

[Детективное агентство Италия Рим]

Svetlana! Take a percordion and when meeting with the debtor, pull it out for a conversation and write it down. This will be indirect evidence in case of his refusal of debt. It will be useful in court.

 

[Адвокат]

Hello Svetlana. I fully support the opinion of the forum participants who took part in the discussion of your question, and will supplement their answers a little. According to Article.196 of the Civil Code of the Russian Federation, the total limitation period is set at three years. Therefore, you should not put off a lawsuit. As for the form of the transaction, in addition to Article 808 of the Civil Code of the Russian Federation, the condition on the form of the transaction is also contained in Part 1 of Article 161 of the Civil Code of the Russian Federation, according to which: “Transactions must be made in simple written form, with the exception of transactions requiring notarization: 1) legal transactions persons among themselves and with citizens; 2) transactions of citizens among themselves for an amount exceeding at least ten times the minimum wage established by law, and in cases provided by law, regardless of the amount of the transaction. ” It follows that the loan agreement (in your case, the receipt) must be notarized if the loan amount is ten times higher than the minimum wage established by law. However, in practice, the courts, as a rule, take the side of the creditor and do not take into account the requirements of part 1 of article 161 of the Civil Code of the Russian Federation. I know a large number of examples when the court, on the basis of a receipt (not certified by a notary and written without witnesses), satisfied the claims for amounts equal to 1–2 million rubles, and the court of second instance upheld such decisions. Therefore, you have great chances to win the case. To increase these chances, it is necessary to take into account that on the basis of part 1 of article 812 of the Civil Code of the Russian Federation, the borrower has the right to challenge the loan agreement for its lack of money, proving that the money or other things were not actually received by him from the lender or received in less than indicated in the contract. Therefore, it makes sense, before going to court, to gather evidence that you gave money to a particular person on credit, for such a period, with such and such conditions. As follows from your appeal, no one except you and the debtor was present during the transfer of money, therefore all the evidence that you can collect will be indirect, but the court will have to take them into account.

 

[Матушкин Андрей Николаевич]

Thank!