Legal services (legal assistance) for debt collection under a loan agreement. Preparation of a claim in court for the return of a loan.
Legal relations between the borrower and the lender are regulated by the Civil Code of the Russian Federation and the loan agreement. In this case, a loan agreement can be executed, including by issuing an IOU.
Under a loan agreement, one party (the lender) transfers or undertakes to transfer into the ownership of the other party (the borrower) money, things defined by generic characteristics, or securities, and the borrower undertakes to return to the lender the same amount of money (loan amount) or an equal number of things received by him of the same kind and quality, or of the same securities.
In order to successfully recover the loan amount in case of late payment, it is important to conclude a loan agreement in writing or issue an IOU indicating the loan amount and the procedure for its repayment. In the absence of information in the loan agreement on the timing of the repayment of the debt, the repayment period will be 30 days from the date the lender submits the relevant requirements to the borrower.
In practice, when resolving these disputes, situations arise when a loan agreement is drawn up with incomplete information on the conditions for the fulfillment of obligations by the parties to the agreement. This can complicate the ability to collect debt on a loan.
Also, in order to assess judicial prospects, it is important to assess the possibility of the actual enforceability of the decision made, and, if necessary, apply legal mechanisms to prevent an unscrupulous borrower from taking actions aimed at evading the repayment of debt under a loan agreement.
The procedure for considering disputes on debt collection under a loan agreement
For this category of disputes, before going to court, it is necessary to send a claim to the borrower with a request to return the loan amount. If the borrower refuses to receive a claim, it must be sent by registered mail to the place of residence of an individual or to the legal address of the organization acting as borrowers.
If no response to the claim has been received, or the borrower (debtor) has refused it, an appeal is made to the court with an attachment, among other things, evidence of compliance with the pre-trial procedure for settling the dispute.
Disputes arising from loan agreements concluded between citizens are subject to consideration in courts of general jurisdiction. Organizations and individual entrepreneurs entering into loan agreements, when forming debts on them, must apply to the arbitration court.