A relationship agreement may be concluded between the parties different ways. One of them is drawing up a receipt. According to the document, one party undertakes to return funds to the other within the agreed period.

The procedure is simple and clear in theory. In practice, there are often cases when individuals violate the terms of the agreement. As a result, the rights of one of the parties in case of non-payment of the debt under the receipt are not respected.

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You can restore justice by contacting the judiciary. The plaintiff needs to study the sample statement of claim to the court on a receipt in order to correctly draw up the document.

The essence of the procedure

Civil Code Russian Federation(clause 2 of Article 808) prescribes the legal force of the receipt. The document confirms the fact of transfer Money from one person to another.

Important attention is paid to the receipt when concluding a loan agreement in writing, when the parties do not comply with this clause. Then the receipt confirms the transfer of money.

In order for a document to be used in court, it is necessary to correctly draw up a receipt:

• It is necessary to fill out a receipt in person by the person agreeing to pay the funds. It is better not to use printed forms.
• It is worth noting contact information about the parties, as well as personal and passport data.
• The receipt indicates the fact of transfer of money to the borrower.
• The date the document was drawn up and the time when the debtor received the amount must be indicated.
• It is necessary to indicate the nature of the transfer of funds in the form of a loan, and you also need to indicate the amount in numerical and alphabetic terms.

The refund date is not specified. It is determined on the basis of the Civil Code of the Russian Federation (clause 2 of Article 314).

If the return period has already arrived and the money has not been transferred, you can file a claim. But it is not mandatory. If the debtor refuses to return the money, a claim can be filed. To do this, you need to study a sample statement of claim to the court on a receipt.

Main formalities

When drawing up a claim, it is worth knowing the requirements for both the receipt and the application that will be submitted to the court. In accordance with them, the content of the documents is determined.

Information and content requirements

In most cases, the judiciary requires a peaceful resolution of the conflict between the parties. The person must be able to confirm attempts to communicate with the debtor (testimony of witnesses, availability of documents). If pre-trial negotiations do not produce results, then it is allowed to go to court.

It is important to remember that cases of debt repayment against receipts have statutes of limitations. They are three years from the date of violation of the rules of the contract.

Statement of claim drawn up indicating the requirements of the injured party.

Among them are:

• return of the full amount of debt;
• payment of late fees on receipt or in accordance with the refinancing rate;
• reimbursement of legal costs.

The court considers only correctly completed and competent applications.

Therefore, it is important to check the contents of the document for compliance with certain requirements:

• The claim must indicate the official name of the judicial body to which the application is being filed.
• The details of the plaintiff and defendant are entered in full. In addition to personal information, the registration address and place of residence are noted.
• The document indicates the full amount that must be collected from the debtor. It is necessary to write down all the components of the specified number.
• Confirmation of the legality of the actions of the person filing the application is a receipt, as well as other documents that are indicated in the claim.
• It is necessary to describe the features of the situation, the reasons for its occurrence and the measures that were taken to resolve the conflict peacefully.

It is important to support every word written in the claim with documents, otherwise the court may rule in favor of the debtor, since there will be no grounds for satisfying the claim

It is worth finding out what requirements apply to the receipt so that it can be accepted by the court as a legal document:

• At the preliminary stage of preparing the receipt, you need to sketch out the main points on a draft. This will make it easier to clearly structure the data in the final version.
• It is worth finding out and reflecting in the document all information about the borrower. Subsequently, it will be easier to find out the location of the person.
• You should not shorten your last name, first name, patronymic, date of birth, registration and residence address. Be sure to note your passport details.
• The receipt must have a clear structure. It is important to write that the money was loaned and not gifted or paid as wages.
• The amount of debt must be indicated correctly. You need to write down the loan amount in numbers and letters. Demands to repay the debt are made in accordance with the same currency in which it was transferred to the person.
• The document indicates the consequences and measures that will occur and will be taken if the terms of the receipt are violated.

Compilation rules

In order for a receipt to be accepted by the court, certain rules for its preparation must be followed.

There are some features of document design for 2019:

• When a receipt is drawn up, it is necessary to involve at least one witness in signing. It is best if he has certain legal skills or similar specialized education. The fact of his presence is confirmed by the signature on the document.
• It is better not to issue a receipt if the loan amount exceeds 10 minimum sizes wages. Then it is necessary to conclude an agreement, as well as issue a check and invoice. Only these documents can be presented in court to collect the debt.
• The receipt is drawn up on behalf of the borrower. He must draw it up and sign it in the presence of the creditor.
• Signing a blank form is prohibited. In this case, the borrower runs the risk of taking one amount in fact, and returning a completely different amount under the agreement. You also need to sign immediately below the text. Otherwise, an unscrupulous creditor may add another clause to the agreement without the knowledge of the other party.
• The receipt is issued in accordance with the legislation of the Russian Federation.
• Only normative vocabulary can be used in the document.
• It is allowed to indicate the amount of the penalty for late deposit of funds. However, even if this clause is not specified, the penalty will be calculated based on the refinancing rate ( 8,3% per annum).
• It is worth double-checking the details of the borrower’s documents and the information specified in the receipt. If errors are made, the document is considered invalid.
• It is necessary to ensure that the purpose of the loan does not indicate running a business. In this case, the debtor may attribute the impossibility of returning the money to unforeseen risks. Then the borrower will not receive the debt.

How to fill out a sample statement of claim to the court using a receipt

A receipt is a document confirming the transfer of funds from the lender to the borrower. It proves the existence of a contractual relationship between the parties. The loan agreement comes into force from the moment the money is transferred to another person.

Refunds can be made without involving the court. In this case, the creditor can try to resolve the dispute amicably. But if the demands were not satisfied within the agreed time frame, then a claim must be prepared.

The statement of claim is a document for starting legal proceedings to collect the debt. Refunds will be issued based on court decision. If the debtor continues to refuse, then the case is transferred for execution. bailiffs who make the collection.

The statement of claim for repayment of a debt by receipt contains the following standard information:

• name of the court;
• personal and contact details of the parties;
• description of the situation;
• time and place of money transfer;
• loan terms.

State duty amount

All applications submitted to the courts must be paid.

The state fee is charged for conducting the case, and its amount may vary depending on the amount specified in the statement of claim:

Attached documents

A certain package of documents must be attached to the statement of claim.

Among them are:

• copies of claims for all debtors (if there are several);
• payment receipt state duty;
• papers confirming the fact of the defendant's debt to the plaintiff;
• documents that confirm that the plaintiff has made attempts to peacefully resolve the issue (testimony of witnesses);
• calculation of the amount of debt with a description of additional surcharges (interest, legal costs, attorney fees, examination);
• a notarized power of attorney, if his representative acts on behalf of the person.

Despite the fact that the receipt is a full-fledged document for presentation in court, it is not always taken into account. In order for the court to consider the document and give the opportunity to repay the debt in accordance with it, it must be properly executed, taking into account all the rules.

To the Kuibyshevsky District Court of Omsk

Plaintiff: B., resident:
Omsk region, ..., ...

Respondent: I.,
resident: Omsk,
st. Lermontova/Kuibysheva, d. ..., apt. ...

claim price: 82,353 rubles 91 kopecks

Statement of claim
on collection of debt by receipt, interest on the loan amount,
interest for illegal use of funds

September 25, 2009 B. (plaintiff) transferred money to I. (defendant) in the amount of 69,300 rubles, in confirmation of which B. was issued a receipt from the recipient of the loan.

However, the defendant did not fulfill his obligation and did not return the funds in the amount of 69,300 rubles.

The interest provided for in paragraph 1 of Article 811 of the Civil Code of the Russian Federation is a measure of civil liability. The specified interest collected in connection with the delay in repaying the loan amount is accrued on this amount without taking into account the interest accrued on the day of repayment for the use of borrowed funds, unless there is a direct clause in the rules binding on the parties or in the agreement on a different procedure for calculating interest."

According to the Directive of the Central Bank of the Russian Federation, dated May 31, 2010. N 2450-U “On the amount of the refinancing rate of the Bank of Russia”, discount rate bank interest is 7.75 percent per annum.

The following is subject to collection:

1. amount of debt on receipt - 69,300 rubles;
2. interest on the loan amount (Article 809 of the Civil Code of the Russian Federation) - 6713 rubles 44 kopecks;
3. interest for the illegal use of other people's funds (Articles 395, 811 of the Civil Code of the Russian Federation) - 6340 rubles, 47 kopecks.

Total: 82,353 rubles 91 kopecks (69,300 + 6713.44 + 6340.47).

In connection with the above, I ask the court:

1. To collect from defendant I. in favor of plaintiff B. 69,300 rubles of debt under a loan obligation, confirmed by a receipt dated September 25, 2009;
2. To collect from the defendant I. in favor of the plaintiff - B. interest on the loan amount in the amount of 6713 rubles, 44 kopecks;
3. To collect from defendant I. in favor of plaintiff B. interest for the illegal use of other people's funds in the amount of 6340 rubles, 47 kopecks.

Total to recover: 82,353 rubles 91 kopecks

Application:

1. copy of the receipt dated September 25, 2009;
2. calculation of the amount to be collected;
3. receipt of payment of state duty to the court;
4. a copy of the statement of claim for the defendant;
5. copy of the representative’s power of attorney;
6. application for consideration in the absence of the plaintiff;
7. request for notification at a different address.

Signature _________________________ /representative A.A./

In this video I will show you how to draw up a statement of claim using a receipt. Which court to file, how to calculate the cost of the claim, calculate interest and state fees, what to ask the court for and how to form attachments for the statement of claim. A sample statement of claim based on a receipt, useful links, and you will see with your own eyes how a claim based on a receipt is drawn up.

Links and useful materials:

Text version of this video.

We will draw up a statement of claim based on a receipt. I’ll just say that this is not an easy task, so be prepared to have to do several approaches. Because a claim based on a receipt is rarely drawn up in one sitting.
But the good news is that if you have a receipt, the trial will definitely take place in your favor.

So. First, download a sample statement of claim based on a receipt, which is located at the link under this video. I will say that this is an excellent example, we submitted it to different courts in our country, everywhere it was accepted with bread and salt, and the courts considered cases in our favor.

The first thing you need to figure out.

In which court should we file a claim based on a receipt?
Here we are guided by two rules:

1. If the amount on the receipt is higher than 50 thousand rubles, we go to the district or city court, if the amount is less than or equal to 50 thousand rubles, then we go to the magistrate’s court.
2. We file a lawsuit at the defendant’s place of residence, which is indicated in the receipt.

That is, if the debtor lives in the Leninsky district of Krasnodar, then we file a claim with the Leninsky district court of Krasnodar, Krasnodar Territory. Go to the court's website to find out its correct name.

Parties to the case.

The plaintiff is you. The defendant is your debtor. Enter the required information in the fields.

Be sure to include your phone number and email. Make it as easy as possible for court staff to find you the first time.

Cost of claim.

The cost of the claim consists of the amount of the principal debt and all the interest that you intend to collect from your debtor.
We'll get to the numbers later. Now let’s fill in the rest of the information in the text: indicate the dates of your loan and get to this important point:

“The receipt (loan agreement) indicates the repayment period: “___” ___________ 20__ year...” If your receipt indicates the repayment period, then you fill out this field. The provided sample statement of claim for a receipt contains paragraphs for both this case and the following: read carefully and leave only the necessary lines in it.

It happens that the return period is not specified in the receipt. And the receipt only indicates what the debtor received from you sum of money. In this case, it is considered that the debtor is obliged to return the money upon your first request. That is, before filing a claim on a receipt, you must send a letter to the debtor by mail demanding that the money be returned to you. This is a mandatory condition in the case when the debt repayment period is not indicated in the receipt. It is advisable to send such a letter even when the return period was indicated in the receipt. Because the court treats better those plaintiffs who tried to resolve their issue first on their own, and only then they went to court.

Download a sample request (or claim) from the link below the video.

So, we believe that you already have such a requirement. We indicate the date of sending such a letter in our statement of claim.

And now we move on to percentages.

There are two types of interest: for the use of your funds (Article 809 of the Civil Code of the Russian Federation), they begin to accrue from the moment the debtor received the money until the moment of its return, and interest for unlawful withholding of funds and evasion of their return (Article 395 of the Civil Code of the Russian Federation ). This interest is calculated from the moment the debtor fails to repay you. That's two different types interest and they are collected at the same time. Art. tells us this directly. 811 of the Civil Code of the Russian Federation.

We first calculate the interest on the use of your funds. If the receipt indicates that you lent money at interest, then calculate how much money has accrued to date. If the receipt does not indicate anything about interest, then know that such interest is still provided for by law. And this interest rate equal to the refinancing rate of the Russian Federation, it is small, but still money becomes cheaper over time and you should not suffer from this. It is best to calculate such percentages using a calculator. Link to calculator.

There is no need to make a full calculation in the statement of claim itself. We make the calculation on a separate sheet and attach it to the appendices to the claim.

Now we calculate interest according to Article 395 of the Civil Code of the Russian Federation.

This is interest for the fact that the debtor did not repay you on time. If the interest that we considered above is interest for the use of your money, and it begins to accrue from the moment the debtor received your money for use, then interest under Art. 395 of the Civil Code of the Russian Federation - this is interest for the unlawful withholding of your funds and evasion of their return. Already outside the scope of your loan agreement with him. In other words, these are penalties.

First, we calculate the period for which we must calculate interest. For example, the debtor was supposed to repay the debt on August 31, 2016, and today is September 30, 2017. We go to the same calculator that is indicated under the video and indicate these dates, it will calculate everything for us.
We also do not describe the calculation in the claim, but indicate only the amount. We attach the calculation to the statement of claim as an appendix.

We calculate the cost of the claim and the state duty.

Now we know the percentages under Art. 809 of the Civil Code of the Russian Federation, which we calculated first, we know the interest under Article 395 of the Civil Code of the Russian Federation, which we calculated second and add them to the amount of the principal debt. % according to art. 809 of the Civil Code of the Russian Federation +% under Article 395 of the Civil Code of the Russian Federation + amount of debt = price of the claim on receipt.

The state duty is calculated from the price of the claim.

The state duty is calculated using this calculator.

This brings us to legal costs.

Legal costs are the costs that you had to incur in connection with going to court. That is, the defendant violated the plaintiff’s right, he had to go to court, and therefore the plaintiff incurred corresponding costs. Of course, the plaintiff asks to reimburse him for these expenses. Typically these include postage costs, state fees and legal fees. All costs are supported by documents and are also attached to the statement of claim.

To those who contact us for help, we send the original agreement on the provision of legal services with your signature and seal and you also attach this agreement to your statement of claim and the court will recover these costs from the defendant.

Now we list all the expenses we incurred and fill out the petition part of the statement of claim. That is, what we ultimately ask the court to do.

1. Collect the principal amount.
2. Collect interest for using our money.
3. To collect interest for the unlawful withholding of our money.
4. Collect state duty.
5. Recover legal costs.
6. Indicate yours Bank details to transfer money.

In the annex to the claim we attach everything Required documents in such quantity that they are enough for all parties to the case: for the court and for the defendant. Perhaps the defendant will have a representative. We copy it and send it to the court along with the statement of claim.

Download full step by step instructions to collect debts by receipt, you can do it for free.

The Procedural Code provides for a procedure initiated by the creditor for the return of all debts that were not returned to him out of court. According to the average person, a debt is considered to be a sum of money transferred to relatives or friends, the return of which did not occur within the time period agreed upon by the parties.

In fact, the reasons for the formation of debt obligations can be different and stem from the financial and legal relationships of persons (subjects). As a rule, debt is a consequence of failure to fulfill obligations, provided for by the agreement, contract or agreement, of one of the parties.

This situation may arise when one of the parties to the contract does not perform the agreed actions (payments) in favor of the other, as well as if his actions led to damage or harm.

Most often, citizens file lawsuits with the courts to recover debts arising as a result of borrowers’ failure to repay sums of money (loans), pay rent, services provided, work performed, etc., as well as violations of other terms of the contract.

What may be the plaintiff’s claims in the event of collection of debts incurred under the terms of the loan agreement?

In accordance with Article 807 Civil Code, the validity of loan agreements begins from the moment of transfer of values. That is, the citizen who handed over a sum of money to a relative or acquaintance on the terms of return, and the citizen who received it, are already considered to have entered into a substantive relationship. In essence, a loan agreement began to operate between the parties.

Participants in a transaction, the amount of which is equal to or exceeds 10 times the minimum wage established by law, are required to formalize the transaction in writing. The same rule applies to situations where one of the parties is represented by a legal entity, regardless of the amount of the contract.

The borrower's obligations to repay the debt are defined in Article 810 of the Civil Code. Article 811 establishes penalties (interest) for late fulfillment of the obligation to repay the loan for the entire overdue period. When drawing up a statement of claim, the plaintiff has the right to demand not only full refund amount of the debt, and payment of interest for the entire period of delay.

Data that must be indicated in the claim

In accordance with the rules of judicial proceedings in civil cases, all appeals from citizens are made only in writing, taking into account the requirements of Article 131 of the Civil Procedure Code.

The application must contain the following information:

• name of the judicial authority;
• surname, name and patronymic of the plaintiff (his representative), place of residence (registration);
• last name, first name and patronymic of the defendant, place of residence (registration). For legal entities it is necessary to indicate the full name of the enterprise, legal and actual address;
• total amount claim, with the attachment of calculations for the debt;
• attachment of all documents serving as the basis for claims.

All facts specified in the application must be supported by documents or testimony. The purpose of filing a claim is to prove to the court the existence of a debt and the fact of its non-repayment by the defendant. The application must mandatory have the signature of the plaintiff (trustee, official representative).

List of documents attached to the statement of claim

Article 132 of the Civil Procedure Code defines a detailed list of documents that must be attached to the statement of claim. The plaintiff is obliged to submit to the judicial authority:

• a copy of the claim (in the number of defendants in the case);
• financial document ( payment order, receipt) for payment of state duty;
• all papers confirming the occurrence of outstanding debt;
• documents indicating the plaintiff’s actions taken to repay the debt. Data is required to be submitted if such actions were stipulated in the contract (legislation);
• calculation amount claimed, taking into account the unrepaid loan, accrued interest for the overdue period, as well as the plaintiff’s expenses for actions aimed at collecting the debt pre-trial;
• power of attorney for the authority of an official representative if he acts in court on behalf and on behalf of the plaintiff.

Sample of filling out a claim

Litigation is a rather complex and time-consuming process. In order for the entire package of documents to be completed correctly, competently and accurately, you should contact professional lawyer. With its help, you can significantly simplify the task by avoiding errors and inconsistencies. The costs of legal services can also be included in the amount of the claim, confirming them with documents.

Each individual case has its own characteristics and nuances, which cannot be foreseen. In this regard, drawing up a formal application form is impractical, however, a generalized example of a statement of claim for debt collection can be given.

To the Leninsky District Court of Belokamensk
Plaintiff: Zhigarev Ippolit Vitalievich
Address: Belokamensk, st. Chernomorskaya, house 151, apt. 45
Defendant: Osipenko Alexander Yakovlevich
Address: Belokamensk, st. Kochetova, house 16, apt. 12
The cost of the claim is 120,000 (one hundred twenty thousand) rubles

STATEMENT OF CLAIM
on debt collection under a loan agreement

On March 1, 2012, the defendant approached me with a request to lend him money. I expressed my consent, and a loan agreement was concluded between us. Citizen Osipenko A.Ya. I personally received 110,000 (one hundred and ten thousand) rubles from me. on the basis of a preliminary agreement, the loaned amount was to be repaid before September 1, 2012, as indicated by the defendant in the receipt drawn up by him.
The terms of the transaction were violated by citizen Osipenko A.Ya., since the money was not returned within the agreed period. I have repeatedly made attempts to repay the debt, but neither regular reminders nor requests to repay the debt voluntarily led to a positive result. The defendant refused me every time, citing the fact that he had no money this moment No. In this regard, I was forced to go to court with a statement of claim for the return of the debt.

Taking into account the circumstances of the case described above, and based on Articles 807, 808, 810 of the Civil Code of the Russian Federation, as well as Articles 131, 132 of the Civil Procedure Code of the Russian Federation,
Ask:
To demand from the defendant the repayment of the debt in my favor, on the basis of a loan agreement, in the amount of 110,000 (one hundred and ten thousand) rubles. To collect from citizen Osipenko Alexander Yakovlevich the payment of interest for the use of funds in the amount of 10,000 (ten thousand) rubles.
All legal costs for the proceedings shall be borne by the defendant in my favor.
Applications (on six sheets):

• copy of the statement of claim – 1 copy;
• receipt of citizen Osipenko A.Ya. about the existence of a debt (copy) – 2 copies;
• calculation of the amount of interest for the use of funds – 2 copies;
• original financial document on payment of state duty - 1 copy.

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