Debt collection under borrower's debt receipt in Russian jurisdiction
Legal services (legal assistance) on debt collection under borrower's debt receipt in pre-trial and judicial proceedings in the Russian Federation
Debt collection and the provision of specialized legal services in debt collection cases is one of the important areas of practice for lawyers at BRACE Law Firm. We face with various legal disputes regarding debt collection under the borrower's debt receipt at various stages of resolution, including pre-trial and trial in Russian courts. Our advantage is the availability of extensive experience in court cases, an integrated approach to debt collection, specialized expertise in diverse debt collection disputes and a well-coordinated team of lawyers and lawyers.
Features associated with the particular case on the debt collection under the borrower's debt receipt require an individual approach to each specific case and careful legal analysis.
The main legal act governing debt obligations is the Civil Code of the Russian Federation.
Debt collection on the borrower's debt receipt occupies a special place in law enforcement practice. When collecting debts by the courts, it is concluded that the presence of the receipt is a confirmation of the transfer of funds and, unless the borrower has proved otherwise, the delay in fulfilling the obligation to return a borrowed funds can also be confirmed by the receipt.
The receipt must contain the data of the borrower and the lender, the amount transferred to the borrower and the timing of the return of funds to the lender. Also, the receipt may contain conditions on penalties for late-payments and conditions on the calculation of interest on the loan amount. Moreover, in cases where the loan repayment term is not established by the borrower is determined by the time of demand, the loan amount must be repaid by the borrower within 30 days from the date the lender submits the relevant request. A loan agreement concluded between individuals (including the conclusion of a transaction by presenting a receipt to the lender), if it does not contain a condition for calculating interest, is considered interest-free.
Disputes resolution regarding the collection of debts by receipt is complicated by the fact that borrowers do not always act in good faith, making attempts to prove the absence of debt and/or state in a court that a loan agreement was not concluded by signing the issuance of a debt receipt. Also, in a large number of cases, the execution of a court award in favor of the lender is of particular difficulty.
Dispute resolution procedure of debt collection under a borrower's debt receipt
As a general rule, a claim or other pre-trial procedure for the settlement of a dispute is mandatory in cases provided for by law or a contract. When collecting debts on receipt, it is necessary to comply with the claims procedure for resolving the dispute.
The court must present the original receipt. In some cases, the original receipt is attached and stored in the case file. If a borrower denies the fact of presenting the receipt to the lender, a handwriting examination may be appointed. Besides, the presence of a receipt is more weighty evidence of a loan in comparison with the testimony regarding the lack of transfer of funds to the borrower, unless such a receipt was given under the influence of fraud, violence or threat.
When collecting a debt by a receipt issued in connection with a transaction between individuals, the dispute is subject to consideration in a court of general jurisdiction. Disputes arising from economic relations are subject to arbitration.
- Legal analysis of the contents of a debt receipt, documents and other evidence submitted by the client in a debt collection dispute
- Consultation of lawyers and attorneys of BRACE Law Firm regarding the prospects of judicial and / or pre-trial settlement of a debt collection dispute
- Preparation and submission of a claim for repayment of debt
- Legal support of negotiations with a borrower regarding voluntary debt repayment
- Collection, preparation, and retrieval of evidence for a court case regarding debt collection in a judicial proceeding
- Preparation and filing of a statement of claim (application) and other procedural documents on debt collection
- Representation of interests, conducting business in court by lawyers of BRACE and performing all necessary procedural actions to recover the debt in a court
- Coordination of several parallel trials (if necessary)
- Preparation of settlement agreement on a debt repayment
- Appeal of judicial acts issued as a result of and during the consideration of a case on debt collection under a debt receipt, in the courts of appeal, cassation and supervisory review
- Maintenance of enforcement proceedings on the enforcement of court decisions on debt collection
- Other legal support in court cases on debt collection