The article lists the main ways of collecting debts (a statement of claim, an application for the issuance of a ruling on a court order, an executive inscription of a notary).
General information
Often in the course of carrying out activities, companies encounter unscrupulous counterparties who must pay, but do not pay. If your organization has encountered unscrupulous contractors and there is a need to collect debts, we suggest that you familiarize yourself with the three main ways to collect debts (debts).
The first way to collect debt (debt)
We propose to immediately talk about the easiest and fastest way to collect debt (debt) - writ proceedings (an indisputable procedure for collecting debt). This method of collecting a debt (debt) is distinguished by a small amount of state duty (2 b. c.; 5 b. c. and 7 b. c., depending on the size of the debt), as well as the simplicity of collecting a debt (debt).
So, you just need to apply to the court with an application to initiate writ proceedings, attach documents that confirm the amount of debt being collected, after twenty working days the court will issue a ruling on initiating writ proceedings, and after another seven days - a ruling on a court order. Then, with a writ and payment order, you can go to the bank and seize the debtor's account.
But, there are situations when the debtor wrote a response to your application to initiate writ proceedings. In this case, the court may refuse to issue a ruling on a court order. This means that in order to get your money back from your debtor, you need to apply to the court to initiate enforcement proceedings in order to recover the debt (debt).
The second way to collect debt (debt)
The second way to collect debt (debt) that we want to talk about is action proceedings.
Claim proceedings differ from writ proceedings in the size of the state duty (5% of the amount collected), as well as in the duration of the trial.
When collecting the amount of debt (debt) through action proceedings, the return of the debt may be delayed for several months, and in some cases even for six months.
As a result, you receive a court decision, which reflects the amount you won. If the debtor does not pay on the basis of the court decision received, it is necessary to go to the bailiff with a statement to initiate enforcement proceedings.
The third way to collect debt (debt)
And the latest way to collect debt is a notary's executive inscription. If you have a debt (debt) or under a paid services agreement, or under a storage agreement, or under a transportation agreement, or under a work contract, or under a supply agreement, or under a sale and purchase agreement, then you can apply to a notary for an executive inscription of a notary in order to collect a debt (debt).
In this case, you will need to provide the notary with an application, a calculation of your amount of debt (debt), originals and copies of documents confirming the amount of debt (debt) to be collected.
The advantages of this method of collecting debt (debt) include the speed of collecting debt (debt): the notary makes an executive inscription on the day of the appeal.
The disadvantages include the fact that in this way it is possible to recover only the amount of the principal debt, without interest for the use of other people's funds and penalties, and also the fact that in order for the notary to make an executive inscription, you must have written confirmation that that the debtor agrees with the recoverable amount of debt (debt). Such confirmation may be a letter from the debtor or a signed act of reconciliation. Unfortunately, the claimant often does not have such documents.
Conclusion
All of the listed methods of debt collection (debt) are universal and most common. The choice of debt collection method (debt) lies with you and depends on a number of factors.
If you want to return your money quickly and efficiently, you can always contact ProYuristBy law firm. We will analyze your situation and suggest which debt collection method is right for you. We are always on your side.
