In this article, we will consider, using simple examples, the issue of transfer and return of funds, as well as options for additional support for the return of funds. The article is written based on the experience of 20 years of debt recovery practice.
How to lend money correctly?
Transfer of money by receipt.
1. The most important thing when transferring money into debt is this make a receipt correctlynamely to reflect the fact of transfer and the obligation to repay the debt by a certain date.
2. Very often, when transferring money for goods or an advance, or for services, or a deposit, the parties reflect this fact in the receipt.
THAT’S IT, YOU CAN’T DO THIS CATEGORICALLY and here’s why: when the receipt shows other legal relationships, it becomes an oral contract and the court must investigate all legal relationships, and this will delay the court. It is necessary to simply register – borrowed money and must return it – that’s all! In such a case, the court considers the case as evidence of the transfer of money to the debt and the need to repay the debt, which in turn accelerates the repayment of the debt.
3. WITNESSES – they at all not needed when transferring money into debt. In civil proceedings, the court has no right by law to take into account the testimony of witnesses. In criminal proceedings, witnesses play an important role, but it is highly unlikely that your case will fall under the article of the criminal code.
4. The best way to lend money is a loan agreement, which can be easily downloaded from the Internet. What the loan agreement provides: – you can prescribe a penalty of 1% / day (365% per annum); – determine the court in which it is convenient for you to file (it is enough to write that the contract is performed in the Obolon district, and the case will be heard in the Obolon court, and not in the Chernihiv region at the place of residence of the debtor). It is worth remembering these two nuances!
5. The loan agreement does not need to be certified, there is no need for this. The difference between an ordinary contract and a notarial contract is only in the presence of the word “notarial”. The law does not require notarization, judges do not care whether the contract is notarized or not, the essence does not change.
6. If you want to be sure of the return of the debt, go to a notary, draw up a loan agreement (notarization is required only when issuing a mortgage) and pledge a car or mortgage real estate – this is called “correctly lending money” with a hundred percent return, even without a court.
How to return the debt through court or without court?
1. When returning a debt through the court, the most important thing is this seize the debtor’s property, by submitting a separate application for the seizure of the maj along with the lawsuit. Seizure of the debtor’s property will give you a guarantee of full or partial repayment of the debt. The most important thing is to “not scare” the debtor, so that he does not transfer the property to third parties.
2. If you have a loan agreement, the return procedure is similar: seize the property, add a penalty and attorney’s fees to the amount of the claim. As a rule, the trial passes quickly, and the creditor needs a fairly well-drafted lawsuit and an application for seizure of property.
3. If the loan agreement is notarized and it prescribes the possibility to make an executive inscription of a notary, in this case, it is enough for the creditor to make an executive inscription of a notary and submit it to the enforcement service. Let’s note that the executive inscription of a notary will allow the debt to be returned without a trial.
4. If you have a notarial loan agreement, and the debtor mortgaged the real estate, in this case, you do not need a court, a notary’s executive inscription, there is even no need to contact the enforcement service. If the apartment is mortgaged, you can register the real estate through a notary for himself in order to repay the debt (Article 37 of the Law on Mortgages).
5. If all the mentioned cases are not relevant to your situation, we advise you to get advice from the only recognized debt recovery specialist – Oleksandr Zhukov.
