Debt collection in court

Stages of debt collection

There are three stages of debt collection:

• pre-trial proceedings. During this period, both sides are looking for compromises;
• judicial debt collection. The borrower and lender seek help from a judge, who reviews the claims in detail on an individual basis;
• seizure of property or accounts. If the borrower has collateral, it is taken away as payment for the loan.

The deadline for collecting tax debts in court is determined depending on many factors. Most often this is 2 months from the date of consideration of the claim.

Let's consider the procedure for debt collection by bailiffs. First, a statement of claim is filed and a writ of execution is generated, which is submitted to the FSSP within three days from the moment they are received by the bailiff department. After this period, an order is issued to begin enforcement proceedings. The FSSP refuses to initiate enforcement proceedings when the legal document contains errors or does not contain the necessary data. A refusal will also occur if the judge’s seal and signature are missing.

If enforcement proceedings have begun, the bailiffs will seize the property, seize it and sell it to pay off the debt. You will have a short period before the sale of real estate or vehicles to pay off the debt. If this does not happen, the property will be sold at a bailiff auction, and the funds will be used to pay off the debt and interest.

The work procedure of bailiffs for debt collection and the hours of reception of citizens at the FSSP are determined depending on the unit. You can check the nuances on the official website of the FSSP or by calling the contact center.

Accounts receivable is the total amount of debts that are owed to an organization from legal entities or individuals as a result of contractual relationships with them. Most often, such debts arise as a result of sales on credit.

There is a claim and judicial procedure for collecting funds. In a voluntary procedure, the parties do not go to court, and the debtor pays off the debt. Collection of receivables in court involves filing a statement of claim with the appropriate arbitration court.

Regarding tax disputes, the collection system has its own characteristics. Forced collection of tax debts in court is carried out:

• at the expense of funds in bank accounts;
• from accounts receivable;
• by selling seized items;
• by issuing company shares at a special price.

The procedure is carried out in order to collect debt by court order.

Pre-trial collection

The pre-trial debt collection procedure allows the creditor to return his funds without involving the court. To do this, the lender needs to convince the debtor that the debt will still have to be repaid, but it is better to do this without involving third parties.

If repayment on the appointed date is impossible for some reason, the parties agree to postpone the “X-hour” to a later time or agree to restructure the loan. In this case, the terms of the loan change.

Judicial collection

Legal proceedings are a very effective way to return funds, provided that the fact of transfer of money is documented and proven. In the case of bank loans, there will be no problems with evidence, since the creditors have in their hands a contract drawn up in accordance with all the rules.

In the case of private loans, the main evidence is a receipt, also drawn up in accordance with all the rules. If there is no such receipt, the chances of winning the case are reduced. To prove the fact of a debt, you need witnesses or other evidence of the transfer of money.

The following is considered evidence:

• Internet correspondence with relevant content;
• SMS messages confirming the fact of the debt;
• audio and video recordings.

The result of a successful trial for the creditor is a writ of execution or an order for the forced return of funds. The debtor has the legal right to appeal the judgment within a specified period.

True, the presence of a writ of execution does not guarantee a 100% return of money. This document still needs to be “cashed out”. The writ of execution is handed over to the bailiffs, who choose the most appropriate method of collection.

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For example, they can seize the debtor's property and then sell it at auction. Or the sheet is sent to the borrower’s place of employment, and the funds are debited from his salary. The document can be transferred to a pension fund, an educational institution or to the debtor’s bank, if it has funds in its account.

Extrajudicial collection

The creditor has the right to assign the debt to third parties - companies that professionally engage in debt collection. These organizations are called collection agencies. They operate on a commercial basis and charge up to 50% of the existing debt for their services.

Transferring the collection procedure to third parties is especially popular among banking institutions. Loan agreements usually contain a clause that gives banks the right to resort to this method of influencing debtors in the event of the latter’s failure to fulfill their obligations.

Fortunately for negligent payers, the powers of collectors have recently been strictly limited by law. In fact, they have no more rights than employees of so-called bank call centers. Their main function is to inform the client about the occurrence of debt.

Claimants are prohibited from:

• threaten the health and property of citizens;
• humiliate the dignity of the debtor;
• address certain categories of citizens - in particular, mothers of children under 1.5 years of age and pregnant women;
• mislead the debtor about the debt;
• disturb more than three times a week.

In a civilized society, a professional debt collector is not a threatening figure, but a kind of “debt doctor” who helps “patients” find the most acceptable way out of the current situation.

Of course, professionals have their secrets and tricks that help them achieve success, but a person with minimal legal literacy is able to effectively resist the pressure of collectors and protect their legal rights.

In the table, the disadvantages and advantages of each debt collection method are presented in visual form:

Enforcement proceedings

If the defendant evades payment of the debt even after a court decision, forced collection of the debt is carried out. State enforcement officers are engaged in the enforcement of court decisions.

If there is a corresponding application from the collector, the executor can not only open enforcement proceedings, but also seize the debtor’s property until the debt is fully repaid. A corresponding resolution of the executive service is issued regarding this. From the date of the decision on the commencement of enforcement proceedings, the state executor has at his disposal a six-month period to carry out enforcement actions.

The opening of enforcement proceedings also implies the issuance of a resolution to search for property. The execution of a court decision is carried out by state executors at the place of residence, stay or service of the debtor or at the location of the property that belongs to him.

The state executive may resort to the following measures:

• foreclose on money and other property, including the property rights of the debtor, even if they are held by third parties;
• foreclose on any income of the debtor (earnings, pension, scholarship, etc.);
• confiscate from the debtor and transfer to the claimant certain items provided for by the court decision;
• take other measures if they are provided for by the decision.

Thus, debt collection is a complex procedure, during which various government bodies and services may be involved. Each stage of the procedure for ensuring debt recovery has its own characteristics and is regulated by certain legal norms. Creditors who are going to collect a debt need to know the correct procedure for carrying out this procedure so as not to delay its implementation.

Every individual and legal entity may be faced with the need to forcibly repay a debt. Therefore, knowledge of the legal norms governing this procedure can facilitate and speed up debt repayment. Take the debt obligations you take on seriously!

Whether you will be acting as a creditor or debtor, keep all documentation that is associated with the debt obligation. This will help you avoid losing money or being liable for debt obligations that you did not undertake.

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Debt collection in court is carried out on the basis of an official writ of execution, which is issued by a judge. He, in turn, is guided by the statement of the financial institution to collect the overdue loan and interest from the borrower. Court orders are much more popular among Russian creditors than statements of claim.

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Collection of debt based on a court order is a more efficient and profitable way to obtain writs of execution. For example, when filing a lawsuit in court, it takes from 2 to 12 months (in some cases more) to wait for writs of execution, and after the judge’s order, the decision begins to take effect after 2 months. After this, the case is transferred to the bailiff, and he can seize your property and accounts.

Preparing a claim

Debt collection is one of the most common procedures. Citizens turn to lawyers when debtors refuse to voluntarily fulfill their obligations.

The only legal option for collecting a debt in court is to file a lawsuit.

You can submit the application yourself, but then difficulties often arise:

• incorrect preparation or execution of the document;
• presence of errors and typos;
• you should know which court to go to, and so on.

There are two options for determining the court, according to jurisdiction and belonging to a certain territory. In the first case, the specifics of the dispute are taken into account:

• civil;
• arbitration;
• world.

Jurisdiction for judicial debt collection in court depends on the address of the debtor or the collector, which is indicated in the contract.

Statement of claim

According to the general principle, drawing up a statement of claim for the return of a debt through the court is similar to drawing up a claim to the debtor.

The first side of the document.

Continuation of the form.

Any claim should include details and other important information in detail so that the court has an objective view of the conflicting parties.

Also, when drawing up an application, you need to describe in detail the essence of the case:

• the circumstances that led to the legal relationship;
• method of formalizing financial obligations;
• moment of occurrence of the violation;
• amount of debt;
• debt repayment terms;
• penalties;
• other important facts and terms of the contract.

Documents confirming the requirements are attached to the application for debt collection in court:

• a copy of the receipt of payment of the state duty;
• a receipt or agreement confirming the transfer of funds.

Documents are certified by signature or seal. It is best to leave the originals for presentation during the trial. Additional copies of documents during judicial debt collection are left for the Defendant. An application for debt collection through court must comply with the rules of procedural and substantive law. The help of a lawyer is important not only when drawing up a claim; his participation in the trial is of great importance for achieving the desired result.

Lawyer's work

Conventionally, debt collection in an arbitration court consists of three stages:

• pre-trial dispute resolution (negotiations with debtors regarding voluntary fulfillment of obligations);
• trial;
• execution of the decision.

After preparing documents confirming the debt and filing a statement of claim, a period begins during which the court considers the case. The trial is necessary to certify the debtor's obligations and formalize them.

The creditor may file a motion for security. Its execution is possible at the stage of consideration of the case or after the decision has been submitted for execution.

Instructions for claim

Now we will provide a small manual, following which you can effectively carry out the procedure. Remember that these are only general postulates and provisions. They do not take into account the specifics of each specific case. After all, if there is collateral, we are talking about a secured transaction, then the approach will be completely different.

Stage 1, we write a letter to the borrower

The initial stage is always a formed claim. This is not so much a way to demonstrate your own claims, but rather necessary evidence for filing a further claim. A legal basis by which the court can be involved in resolving the current situation. Accordingly, it is important in this letter to clearly and clearly indicate what the essence of the claim is and to demand the return of financial resources in a strictly established amount. And besides, rely on the receipt received when transferring money. And if the deadline does not appear in it, then indicate it in the letter. But you should not set the deadline closer than a month after writing. Otherwise, actions may be considered illegal pressure. Remember that the methods and procedure for collecting debt from an individual are determined by current legislation.

Stage 2, forming the evidence base

It will be important for the court to find out the full specifics. Therefore it must be provided. Do not forget that any correspondence is evidence. If you communicated with the debtor via SMS or on social networks, attach printouts and copies. And if you call each other, be sure to record all calls and save audio recordings.

Stage 3, preparing a claim

Drawing up the claim itself will not cause any difficulties. There are samples online that you can use to create your own form without any experience or any legal knowledge. The main thing is to indicate the requirements in exact figures, as well as the grounds for the claim. Well, pay the state fee. Without it, the application will not be considered.

Stage 4, legal proceedings

Often such cases are resolved in one meeting. And a court debt from an individual can be obtained directly from the authorities executing the decision. But if the opponent has many counterarguments that could delay the process, as well as in the case when key players do not appear on time, the consideration may be postponed. And on average, in this case, it drags on for up to a month.

Stage 5, formation of the writ of execution

This is already the competence of bailiffs. Using such a document, they can seize the borrower’s accounts, enter his apartment to evaluate the property, and send a request to the employer, who will automatically withhold part of the employee’s salary. If the debt exceeds 30 thousand rubles, the debtor will also be prohibited from leaving the country. And if he is hiding, evading his duties, he may be put on the wanted list.

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Stage 6, work of bailiffs

Actually, there is no longer any need for you to participate in the process. These authorized persons are well aware of the procedure for collecting debts from individuals. But if there is such a desire, you can actively monitor the process.

Stage 7, we receive cash payments

Don't think that this is a quick process. And that the funds will be immediately returned in full. How does the sale of property work?

• Property that is subject to confiscation is identified.
• It is being checked whether there are legal grounds for its seizure.
• Actual seizure, and in the presence of the debtor without fail.
• Valuation of property at market value.
• A bankruptcy estate is being formed.
• An auction is held where all participants can become buyers.
• Repeated auction if the property was not sold the first time. The second time the price will be reduced.
• Sale and transfer of funds to the plaintiff.

How to cancel a debt collection order

Court orders are convenient for banking organizations, and a lawsuit is much more profitable for the borrower. Many people do not understand the difference in these concepts and cannot defend their rights.

Advantages of a claim:

• the borrower acts as a defendant and has the opportunity to receive all the documents in his case and defend his case with a lawyer;
• the borrower will be informed about all court hearings and can personally attend them. There he will have a chance to challenge the court decision, reduce the amount of penalties and interest;
• The borrower can sue the bank for the return of withheld fees, insurance, and demand a delay in enforcing the court decision.

If you have already received a court order to collect debt and interest, then you need to send a letter of objection to the court no later than ten days from the date of receipt of the document. This is your legal right. Note: when receiving such letters, you need to put not only a signature, but also the date and exact time of receipt (down to minutes). Urgently send your objections in writing, and the judge, based on this document, will cancel the previous order. The collectors, in turn, will receive notice of the cancellation of the order and can bring a claim against the defendant in the proper manner. Copies of documents about the court decision are sent to both parties three days after it is signed.

The biggest problem for the borrower may be ignorance about the collection of utility debt through the courts. They may even forcefully debit funds from the account without his knowledge. You have 10 days to cancel such a document.

Reasons to challenge the act:

• if the amount of the required payment is too high. You can calculate the optimal amount based on bills and receipts;
• if part of the required debt is expired;
• in case of non-compliance with the requirements of current legislation (it is better to additionally consult with a lawyer).

This is also important to know:
In what cases is an employee obliged to compensate the employer for damage caused to him?

Collection of arrears of alimony in court is carried out after filing a claim for payment. Alimony payments can be made not only for the maintenance of minor children, but also for incapacitated parents.

Claim negotiations as a method of debt collection before trial

Claim negotiations are the initial pre-trial method of resolving a debt conflict with debtors. Negotiations on debt collection are conducted in writing, according to the terms approved in the contract, and in the absence of such, according to the legal norms of business conduct (turnover).

If a written agreement is concluded, then it, as a rule, regulates the procedure for collecting the resulting debt or the procedure for repaying it before trial. The dialogue between the person interested in collecting the debt (lender or creditor) and the person who has violated contractual obligations (borrower or debtor) begins with a claim for breach of contract. The legal grounds for making a claim are specified in each agreement, be it an agreement for the supply of goods, rental of premises, provision of services, or a regular loan of funds.

It is important to understand that the success of claims for debt repayment without trial largely depends on a professionally completed and well-drafted document, i.e. the claim itself, in which all legal requirements must be met.

In legal practice, there is an opinion that it is better to resolve the issue of debt collection through pre-trial proceedings. The conclusion of a settlement agreement on debt repayment is considered a successful result of pre-trial work. As a result of negotiations, new mutually beneficial agreements can be reached and further actions to fulfill the violated obligations can be prescribed.

For each stage of debt collection and repayment (through court or before court), a certain time frame is allocated. It is important to take a legally competent approach to solving problems with debtors and be sure to follow the procedure before going to court, as well as during the entire trial.

Negotiations based on claims and their impact on the debt collection procedure

The concept of “claim negotiations” in legal terminology represents an entire preliminary process during which the parties to a conflict that has arisen around debt obligations negotiate to resolve the situation without going to court or involving bailiffs.

Negotiations take place in writing. The position of the conditional favorite in this process is played by the creditor, who tries to reduce the main focus of communication to the terms of the agreement for the transfer of funds on credit, placing the main emphasis on the need to repay the borrowed funds. If an agreement has not been drawn up, then all communication takes place according to the rules and norms of business communication.

In general, claim negotiations are the main way to resolve a conflict situation, the subject of which is debt obligations, without resorting to a bailiff.

The agreement signed by the parties at the time of loaning money usually prescribes methods for returning the money. Alternative options may include other methods of repaying the resulting debt without taking the debt to court.

The start of the dialogue of claims between representatives of the creditor and the debtor begins when the latter is addressed with a claim for violation of agreements on the return of funds. Moreover, all claims must be legally justified and documented. Debt collection through court can be avoided if you competently and, most importantly, draw up a high-quality document of claims in compliance with all the rules, regulations and requirements of Russian legislation.

Lawyers with extensive experience in resolving issues with recovery by court decision agree: for both parties, the optimal and most profitable option is to resolve all controversial issues at the pre-trial stage. The debtor returned all the funds owed - great! In this case, a peace agreement is signed and the conflict is considered settled. If the arguments and arguments of the creditor during the negotiations turned out to be empty words for the debtor, then judicial collection cannot be avoided.

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How to collect a debt through court. Judicial procedure for debt collection

Commercial and government organizations, as well as ordinary citizens, may face failure to fulfill contractual or oral obligations on the part of their partners or other individuals at almost any time. Systematic violations of payments or a complete refusal to fulfill its obligations by one of the parties is considered a good reason for starting a debt collection procedure in court.

It is important to find out how to actually repay a monetary debt, i.e. check the financial condition of the borrower, because any legal proceedings are quite expensive.

As soon as all the legal grounds for going to court have been received and the financial potential of the debtor has been verified to repay the debt, and pre-trial proceedings have not brought the expected result, you should move on to the next step - debt collection through the court.

This procedure occurs in the following order: collection of necessary documentation; writing and submitting a statement of claim to the courts; participation in trials; making a decision by the court and its execution together with bailiffs.

When a lawsuit is initiated to collect a debt from a debtor, the main burden falls on the shoulders of the plaintiff. Therefore, the conduct of the case is entrusted either to the lawyers of their organization or to an engaged lawyer. A lawyer or lawyer can find out the real financial capabilities of the debtor, check who else has sued and is suing this person (organization). Responsibilities for preparing the entire package of pre-trial and court documents also lie with the lawyer or lawyer. In many respects, the result of the court decision will depend on the professionalism of the specialist.

Collection through court at the expense of the debtor.

It is important to note that the plaintiff can recover from the debtor through the court both the principal amount of money and additional fines, penalties, penalties, damages for overdue debt, in accordance with the law or contract. Please note that all attorney fees paid by the plaintiff are recovered and paid for by the defendant. In addition, the court can collect additional interest for the debtor’s late fulfillment of obligations regarding property or money.

Who can apply for debt collection in court?

As a rule, creditors, that is, persons who lent other persons a certain amount of money on repayment terms, apply to collect debts. At the same time, the other party does not want to voluntarily repay its debt. Lenders can be individuals and legal entities, such as:

• banks and other financial institutions that issued loans to their clients;
• enterprises and individual entrepreneurs who act as creditors in relation to their debtors (transferred a sum of money or shipped goods for which the debtor does not pay, which results in overdue accounts receivable);
• individuals who borrow money under the terms of a note or other written promissory note.

How is a court decision to collect a debt enforced?

When the creditor has a decision that has entered into legal force, as a positive result of debt collection in court, the stage of enforcement proceedings begins. This is the final step towards getting your money back. The process of enforcement proceedings is usually carried out by bailiffs, whose responsibilities include monitoring the implementation of judicial acts.

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Collection of expenses for a representative in arbitration proceedings

At this final stage, it is important to interact with the bailiffs as often and as closely as possible. Planned procedures are carried out with the debtor to control the repayment of the debt, and among the measures taken by the bailiffs may be: seizure of the debtor’s property, blocking or seizure of his accounts, imposing a ban on the borrower’s travel outside the Russian Federation.

If you are faced with the problem of collecting a debt from an optional partner or borrower, it is important to remember that time is against you in such a situation. Turning to specialists for help will greatly facilitate the solution of debt problems, since any rights of claim have their own legal lifespan, and it is much easier to prove the fact that the borrower has a debt “without delay”.

What measures does the court use to collect debt?

The goal of any litigation is the actual or actual repayment of the debt. This is why the court applies measures to secure the claim. Often the debtor, the defendant in the claim, “hides” his money and property from collection in advance. The most popular methods: closing bank accounts, money transfers to hidden accounts, re-registration of movable and immovable property to trusted persons.

There are appropriate laws to protect the plaintiff from possible actions of the defendant. The plaintiff has the right to submit to the court an application to secure the statement of claim, both at the beginning of the process and during it, before a court decision is made. It is better to submit the application as quickly as possible, without giving the debtor time to hide material and other valuables.

The court will use the main measures to secure the claim - this is an urgent seizure of the debtor's accounts and property. The bailiff service, having a court order in hand, will make an inventory of the debtor’s valuables, prohibiting their disposal, and possibly confiscate the most expensive property. Such measures will ensure real debt collection and repayment of the debt at the stage of execution of the court decision.

The plaintiff must submit only an honest and correct application to secure the claim, as well as prove to the court the need for its use. Otherwise, the defendant may file a counterclaim to cancel the seizure of his material and other assets. It is necessary to thoroughly prepare for all the debtor’s tricks and legally competently substantiate your arguments and demands to the court.

Debt collection through the court is carried out in cases where it was not possible to achieve repayment of the debt in pre-trial order, and negotiations with debtors, their notifications and warnings, as well as other measures are unsuccessful. The person evades payment of loan payments and interest, avoids contact with employees of banks and creditors, aggressively defends his innocence and with all his actions makes it clear that he does not intend to repay the debt.

The consequence of such a situation, as a rule, is debt collection in court, the enforcement authorities of which are almost impossible to evade.

What's the end result?

Debt collection by bailiffs is an extreme measure that can be bypassed if all obligations are fulfilled. It is also worth remembering that bringing a debt to trial has never been fun for either party. The legal process, which requires a lot of time and financial costs, very rarely goes smoothly and quickly.

This is important to know: How to submit a writ of execution to the bank for collection: procedure for presentation

That is why you should always give preference to resolving issues at the pre-trial stage, when everything can be corrected and resolved peacefully. When it comes to collection by bailiffs, then the borrower really should not hope for a positive outcome in his favor. We wish you all the best!

Features of debt collection in court

To request repayment of the debt, you must contact the judicial authority at the location of the debtor.

The collection period is 3 years from the moment when the debtor’s obligation should have been fulfilled, that is, repayment of the debt, payment for a service or product.

If the debtor at any time acknowledges or acknowledges the existence of his debt, the three-year period begins to run from the date of his recognition.

If the deadline for debt collection is missed for an important reason, it is worth filing an application with the court to restore the missed deadline.

Applying to a judicial authority with a claim to collect a debt must be accompanied by a selection of documents that confirm the existence of a debt. These are documents such as:

• invoices;
• acts of forms KS2, KS3;
• acts of acceptance and transfer;
• receipts;
• contracts, etc.

When filing a claim in court on this issue, you must pay a state fee in the required amount. After the end of the process, the court orders the payment of a fee by the losing party.

Consideration of the issue of debt in court is based on an analysis of available documentation. Of course, witness statements are also important and taken into account, but when it comes to financial matters, it is necessary to ensure that the relevant documents are drawn up correctly.

After the court makes a decision, the actual collection of the debt must be carried out. To do this, you need to obtain a letter of execution and contact the bailiff service.

Advantages of litigation for the debtor-borrower

It is worth considering that when a banking organization submits documents to the court, the accrual of annual interest stops. As a result, the total amount of debt becomes significantly lower in comparison with debt collection in other ways (when interest and penalties continue to accrue) .

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The debtor has every right to appeal the court decision. The debtor also has a guaranteed right to file a petition, where the following can be stated:

• return of already paid insurance portion;
• deferment of future execution of a court decision;
• a request to cancel already accrued penalties (or reduce them).

In the vast majority of cases, based on the results of judicial reviews, the courts release the payer from most of the debt and reserve the right to pay only interest at the rate specified in the loan agreement and the “body” of the loan itself.

All borrower clients need to know this right and use it if necessary. It is regulated by Article 333 of the Civil Code of the Russian Federation (the law on the “recalculation of fines”). But, according to statistics, only 10% of all cases the debtors filed such a petition. Moreover, given that most of the resulting debt consists of late fees and penalty interest.

Disadvantages of litigation

Of course, not everything is rosy when it comes to large loan debts. If the debtor is officially employed at the time of the trial, the judicial authorities may oblige the debtor to pay 50% of his salary monthly towards the debt. And if you have expensive property, seize it and subsequently sell it in favor of the creditor.

This is also important to know:
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But the most important thing is that your credit history (CI) will be seriously damaged. Information about this will go to a special register where bank payers are kept track of. And this means only one thing - a ban on further processing of any loans; they will refuse even when applying for credit for inexpensive household appliances .

Features of the claim from a citizen

When a company takes on credit obligations, this is a common occurrence. Moreover, a huge part of the authorized and working capital of any project, almost half (and sometimes 90%) consists of borrowed funds. This is a normal economic strategy that has proven itself well. And companies have well-established regulations for obtaining a loan, as well as a special expense item that is allocated for repayment.

But a citizen acting as a borrower is first and foremost a person. And he has psychological characteristics, he does not have a proven return scheme and simply, as a human being, does not want to give his money to someone. Although he understands that, in principle, he is obliged to do this.

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The question of how to collect a debt from an individual is especially often of interest to creditors, who are also ordinary citizens, and not representatives of credit companies. They are inexperienced in this matter, are not professional lawyers, collectors, do not know the specifics of their activities, and do not have the resources of banking structures. And for them, resolving a case pre-trial is a complex procedure.

Moreover, unlike a company, which can meet its obligations with all its property and liquidity, human rights in our country are much more extensive. Part of his property is inviolable; income can be withheld by no more than 50%. And with a large sum at stake, he can evade payment in any way possible. In contrast to an enterprise that does not benefit from the loss of reputation and legal proceedings. For them, the amount is no longer serious.

What tools are used to collect debt?

We've sorted out the types of collection, now let's move on to the tools.

Banks and individuals use many options to influence the debtor. The main goal of such events is to constantly keep the loan recipient informed about the existing debt and motivate him to repay the funds.

Phone calls

Calling the debtor is the first thing bank employees do when they discover overdue payments. First, a call to a mobile or home phone is made during business hours.

The first conversation in most situations takes place in a polite tone. No one will immediately scare you with sanctions and fines, threaten to transfer the debt to collectors, and generally put pressure on your psyche. You will simply be reminded that you have a debt and will be given a specific deadline when the debt needs to be repaid.

Further conversations will be more tough and specific. You may be invited to a conversation with a banking organization to resolve the issue on a voluntary basis. If you continue to ignore the lender's proposals, he has the right to move on to the next phases of influence.

SMS notification

In addition to calls, creditors and their representatives use SMS to inform the debtor. The content of such messages varies from extremely restrained to close to threatening.