How to return money given without a receipt. How to repay a debt without a receipt or witnesses: common methods and basic recommendations

28.11.2023 -

There are often cases when acquaintances or friends ask for a loan of money, and few people think of bothering with receipts or witnesses to the loan.

The way society has developed is that nothing is spared for friends and acquaintances, but the consequences of such a loan can not only ruin friendships, but also affect the financial situation of the “savior” himself.

Oral agreements have their own dangers, as they do not provide guarantees that the debt will be repaid.

This practice exists even among families, but if it is 10-20 rubles, the loss is small, but if the amount exceeds 1000 rubles, it makes sense to think about it. We will find out further why people cannot or do not want to repay a loan, as well as how a debt can be repaid legally without a receipt and witnesses.

How to collect a debt from a debtor without a receipt? If the fact of transfer of money was not recorded and documented by a third party, debt collection becomes a real problem.

It is extremely difficult to prove when you lent to whom and how much if there is no evidence. However, human rights activists argue that legislation can support and also create all the conditions for the debt to be repaid.

There are three main methods of debt collection that have legal grounds. Among them:

a statement to the police about fraud;
trial;
settlement agreement.

It is recommended to use these methods of debt repayment, since they are not only legal, but also do not pose a threat to the life and health of the borrower (as is the case when using the services of collection services).

The most cruel and dangerous for both parties are the services of debt collectors. For a certain amount, specially trained people are ready to literally knock out money and find it where there is none. It is better not to get involved with such organizations that operate illegally and can harm the life of the borrower. Be that as it may, no amount of money can replace a good friend and comrade, not to mention relatives. Let's consider ways to collect funds that are more effective and also operate within the law.

When collecting a debt, it is extremely important to take into account the moral side of the situation. If the person who owes money is really in a difficult financial situation and does not deny this, you can try to negotiate.

For example, divide the amount of debt over a certain amount of time. So it’s easier to return 500 rubles a month than 2000 at once. If there is no trust in the borrower, you can contact a notary (third party), who will document an agreement to repay the debt in installments.

The best option is to contact a notary, who will draw up a settlement agreement, indicating the rights and obligations of the two parties, indicating:

loan repayment period;
sum;
consequences that entail liability in case of refusal to further repay the debt.

You can also draw up a receipt in which the borrower himself indicates that he borrowed money from a specific person (indicating his full name and surname, year of birth and actual address), and also undertakes to return it within the specified time frame. The document is valid after certification by a notary, and can also later be used in court as material evidence.

If, on the contrary, a person is hiding, has changed his place of residence, or is deliberately avoiding contact, then a trial cannot be avoided.

First of all, you need to try to come to an agreement on your own. This will not cause further discord in the relationship, nor will it ruin the reputation of both parties. Law enforcement is a last resort when the situation is truly out of control and requires third party intervention.

There is no need to be afraid to stand up for your rights. Many people are ready to forgive a large sum to their debtor, just to avoid the situation becoming public.

In addition to the fact that the money will be returned, you can also claim moral compensation, which the borrower will definitely pay if his guilt in failing to pay the debt is established by the court.

Contacting the police

If the borrower, without substantiating the reason, refuses to repay the debt, you can contact the nearest police station and write a statement about fraud, in which you indicate in detail all the details of the situation.

Within a certain time, it will be considered, and the borrower will be summoned for questioning, the result of which will determine the further course of action.

During the interrogation, if the borrower categorically denies the fact of borrowing money, the investigator will transfer the case to court, where further proceedings will be carried out.

Usually, the police department makes the borrower understand the seriousness of the situation, as well as the burden of responsibility that awaits him in the event of further refusal to collect the debt. If, even after these convictions, “things are still there,” then the court will deal with further proceedings.

Statement of claim to court

Let's look at how to collect money from a debtor without a receipt through the court.

If the amount is serious, and the borrower behaves boorishly, categorically refusing to return the money received as a loan, you can skip the previous point and go straight to court.

It is advisable to support the judicial statement with any evidence, among which you can use:

Audio and video recordings of conversations in which the borrower himself does not deny the fact that he owes money, as well as exactly how much.
Recordings from voice recorders that confirm the fact that the borrower does not want to repay the debt, as well as the reason for this.
Correspondence on the Internet, as well as SMS messages on the phone.

The more evidence is collected, the faster the debt collection case will move forward. It would also be useful to know that the borrower is quite capable of repaying the debt. This may be evidence in the form of a certificate from your place of work about wages for the last 3 months, as well as photos of purchases made during the loan.

Usually the defendant is explained in detail that he will not only return what he owes, but also moral compensation for what is happening. This is quite enough to sign a settlement agreement, as well as agree on a debt repayment scheme in the presence of third parties. The prospect of paying what you owe and also compensation for moral damage is not particularly encouraging, forcing you to think about your own behavior and repay the debt as quickly as possible, putting an end to numerous disputes and trips to court.

You need to understand that in some cases it is extremely difficult to prove that the borrower owes money. This significantly aggravates the legal process and can also make its outcome not in favor of the plaintiff.

Let's look at two key factors that significantly influence debt collection:

Presence or absence of evidence. If in court there is nothing to present except a claim with the stated situation, the probability of debt repayment sharply decreases to 12%.
The behavior of the borrower, as well as his denial or agreement to repay the debt. If a person is friendly, but due to the current difficult financial situation, he does not have the opportunity to return the entire amount, you can always compromise by agreeing on the timing of the return of the money. If the fact of the loan is not recognized, the case may be closed due to the lack of corpus delicti and evidence.

When borrowing money, most people document their obligation to repay it. There are often cases when a person, fearing to ruin a relationship with an acquaintance or relative, lends money without witnesses and does not issue a written receipt.

But no one is immune from troubles. And if the debtor does not return the money within the agreed period, the question arises whether it is possible to return the money in the absence of witnesses and a receipt. In such a situation, you should not despair. There are several ways to resolve this delicate issue.

Before taking active steps to repay the debt, you need to find out why the person did not fulfill his obligation. A calm conversation will benefit both parties: it will eliminate ambiguity and tension in the relationship. As a rule, if the debtor wishes to resolve the situation peacefully, the money can be returned as follows:

In most cases, an unpleasant situation arises due to the debtor having unforeseen financial or family problems (illness of a close relative, loss of a job or other force majeure circumstances). In such cases, a sensitive situation can be resolved by deferring payment.

If during a conversation with a person an agreement was reached on a new deadline for repaying the monetary debt, you should play it safe and draw up a written document. When meeting with the borrower, it would be a good idea to ensure the presence of a witness.

If the debtor’s economic situation is characterized by significant instability, then with a high degree of probability it can be assumed that its improvement and stabilization will take a long time. In this situation of the debtor, it would be more expedient to provide him not with a deferment in repaying the debt, but with an installment plan.

It is necessary to find out the real capabilities of a person, his actual financial situation. The best option in such a situation would be to enter into an installment agreement establishing a schedule for paying monthly payments. The loan agreement is concluded in writing and signed by both parties. In the future, the agreement will serve as evidence of the existence of a debt.

The amount of the monthly payment must be feasible and realistic for the debtor. Otherwise, the person will be forced to violate the obligation he has given again, and repaying the debt will become much more difficult.

The best way to consolidate the agreements reached is to contact a notary office to draw up a peace agreement. The document defines the rights and obligations of the parties, the amount of the debt and the timing of its repayment, as well as the consequences of its non-repayment.

Another option for processing a loan is to draw up a receipt and have it certified by a notary. Such documents receive legal force after a notary’s certification is affixed to it.

Transition to active actions

The situation is much worse when the debtor does not want to return the money and sign written documents confirming the existence of the debt. What can be done in this case? It is necessary to take active steps to repay the loan.

An important point when repaying a cash loan is proof of the fact that the debtor received the money:

The best option is the presence of witness testimony. It is better if there is not one witness on the injured party, but two or three people who can confirm the fact of transferring funds to the debtor as a loan.

Witnesses can also be people present during a personal or telephone conversation between the parties regarding a debt obligation.

If it is impossible to confirm the fact of transferring money to a person due to the lack of witnesses and a written receipt, you can resort to tricks. Partial payment will serve as proof of the existence of a monetary relationship and the existence of a debt between the parties. To do this, you need to talk to the debtor and convince him to pay any amount to repay the debt by bank transfer. A bank statement can confirm the fact that the debtor acknowledges the existence of a debt obligation.
The next way to confirm the event is through dialogue with the debtor. In the process of communicating with a person, you should discuss the entire situation in detail, specifically focusing on the amount of debt and other circumstances of the loan. When meeting in person, it is necessary to record the conversation on a voice recorder or telephone. You can use hidden audio or video recording. If there is no possibility of personal negotiations, communication can be carried out via email or SMS correspondence.
If possible, you need to collect information about the borrower making large purchases or other expenses equal to the amount of the debt.
If possible, it is necessary to prove that after the loan the debtor made a large purchase or other expenses equal to an amount similar to the debt. SMS correspondence may come in handy.
It is necessary to send a pre-trial claim to the debtor demanding payment of the debt, attaching bank details. The claim must indicate the date of fulfillment of the obligation. The document should be sent by registered mail with a list of attachments. The debtor's response to the claim will also be considered documentary evidence of the existence of the debt.

All evidence received - dictaphone, telephone, electronic records - must be checked by an expert to confirm that it belongs to the debtor, and then certified by a notary. An examination can be requested during the consideration of the case in court by filing a petition.

Contacting the police department

Most believe that contacting law enforcement agencies is a pointless and ineffective exercise. However, some debtors are influenced by a conversation with a police officer. In addition, filing a police report is not subject to state fees.

To file a complaint with the police, you need to collect all possible evidence (written, witness statements). It is necessary to write a statement to the police duty service about the fraudulent actions of the debtor with a request to take the necessary measures.

After registering the application, the parties will be summoned to the investigator for questioning. Often, after questioning by the police, debtors return the money.

The procedure for returning money through the police is simple if there is written or other evidence. A great advantage for the applicant is the presence of any facts proving his case. If there is sufficient evidence and the fact of borrowing money is denied, the investigator sends the materials to the court. Otherwise, the chance of a positive outcome of consideration of the application is small.

Trial

It is often quite difficult to prove the fact of borrowing money. This circumstance may complicate and delay the trial. There are often cases where the applicant does not have sufficient evidence and may lose in court.

It is necessary to take into account the following important nuances that significantly affect the possibility of collecting debt in court:

availability of evidence base;
the statement of claim is filed with the court geographically located in the borrower’s place of residence;
when filing a claim, a state fee is paid, the amount of which must be calculated depending on the amount recovered;
Witness testimony regarding a transaction between citizens made without compliance with written form will not be accepted for consideration at the court hearing.

Debt collection in court is a last resort, since the procedure takes a long time and requires a lot of patience and nerves. As a rule, people prefer to contact professional lawyers.

Help from intermediaries: collectors

Today, many, faced with the impossibility of returning money borrowed without a receipt or witnesses, turn to the help of debt collectors. Such institutions specialize in collecting monetary debts. Often, collectors help collect debts from individuals.

Most workers in debt collectors do not have high tolerance and use illegal methods in their work, including threats and causing various bodily harm to the debtor. You should not contact such organizations to prevent negative consequences, including for the creditor.

There are legal and effective methods to repay your debt. In a situation that is unpleasant for both parties, special attention should be paid to the moral aspect.

In conclusion: rules for borrowing money

Despite the decrease in the number of cases where money is lent without witnesses or a written receipt, one cannot insure against all troubles. Therefore, to prevent money lent to a well-known person from turning into a sensitive problem, you must adhere to the following rules:

Lend an amount of money that will not significantly affect the financial situation if the debtor encounters unforeseen situations.
Be sure to provide a written receipt. If the borrower categorically refuses, you should seriously think about it.
If talking about the receipt is inappropriate (close relative, boss), you can discreetly make a video or audio recording at the time of transfer of money.

Compliance with these rules will avoid many difficulties in the future if the borrower refuses to repay the debt.

Lending money without a written receipt or witnesses seems, at a minimum, unreasonable. However, if such a situation occurs, you should not be upset. It is possible to collect money lent without a receipt: some will return the loan after interrogation by a police officer, while for others a calm conversation is enough. With a citizen who finds himself in a difficult financial situation, a compromise solution can be found by providing a deferment or installment plan. In other cases, the borrowed money can be returned through legal proceedings.

The problem of non-repayment of debt is one of the most pressing in recent years. Whether this is due to the economic situation or simply human dishonesty - it doesn’t matter. The main thing is that people are increasingly concerned about the question of how to return money lent without a receipt. To act in the legal field, you need to understand that by borrowing money from a friend, you are actually entering into civil legal relations. Let's understand the terminology.

What is a loan and promissory note?

The legislation provides for two types of loans.

Therefore, if your friend borrowed money without a receipt and you are thinking about how to return the money, study the Civil Code. Articles No. and indicate the basic requirements for the loan agreement and its form. If you don’t want to delve into the legal details, then:

A receipt is the actual loan agreement, in which the person who takes the money indicates that he must give such and such an amount within such and such a period to such and such a person.

So, you are faced with a situation where you borrowed money from a friend and he does not refuse to return it, but constantly promises to pay it back “tomorrow” or “later”. Try to get a receipt from him. Just don't make threats, otherwise it could be turned against you. It is considered good practice to use human psychology. For example, you should tell him that you are planning a trip and a receipt that he owes you a certain amount will help you get a loan.

What should be included in the receipt

The law does not dictate the exact form of the promissory note, but when drawing it up, you should be guided by the possible prospect of seeking protection in court.

Basic requirements for any contracts between citizens:

The receipt is drawn up in handwritten form, so the court, if necessary, will be able to order a handwriting examination and prove that it was the debtor who wrote its entire text. Otherwise, the debtor will be able to claim that you composed the text on the computer and tricked him into signing a paper whose contents he did not know. This practice is used in all major civil proceedings.
If, nevertheless, it is more rational to draw up a receipt in advance, then the debtor must write on it “From my words, this is written correctly, I fully confirm what was written.” And put your last name, initials and signature next to this inscription. It is best to write this along the receipt sheet
The receipt must indicate not just the last name, first name and patronymic of the debtor, but also yours.
Plus, it is necessary to add all registration data - series and number of the passport, where the passport was issued, department code
You need to add information to the receipt about where the debtor is registered and where he actually lives
All paintings must be deciphered (painting + surname and initials)

A promissory note is an agreement between two individuals, so it would be useful to protect yourself from different interpretations of the amount and other information in court.

Write the contract amount in numbers and add in words in parentheses - this way there will be no unnecessary manipulations
Do not forget to indicate the period within which the debtor will be obliged to repay the amount.
It would be a good idea to involve witnesses, whose details are also included in your receipt-agreement. In this way, the court will be able to confirm that the receipt was given without putting pressure on the defendant citizen for the debt.
If you decide to give a loan with interest, indicate the amount of interest per year, indicate the payment schedule, if there is one. And remember that interest is already income, so you will need to declare this income to the tax office and pay 13% personal income tax on it

Double-check your prepared receipt. Sometimes a small thing can be detrimental to the protection of your rights and interests in court. And in general, the situation in which you are wondering how to return money on a receipt without a trial is much easier than in the same court, but without a loan agreement. There is nothing complicated about drawing up a receipt even after you have given a loan ().

Legal Requirements for Debt and Receipt

If you manage to get a receipt from the debtor, then returning the money becomes much easier. Art. comes into play. 395 of the Civil Code of the Russian Federation, and you can not only return the money, but also try to get a penalty. It will be calculated from the key rate of the Central Bank on the day of issuing debt claims.

It is also worth remembering a few more legal requirements in the sphere of regulating relations between individuals in the debt area:

Article No. 45 of the Family Code states that both spouses are responsible for the loan. Therefore, if you are wondering how to return money without a receipt or witnesses, and you know that the debtor has an official partner, contact him with a demand to repay the debt. If the spouse does not deny it, take a receipt from them - this will be considered indirect evidence in court.
If the receipt does not indicate the period within which the debt must be repaid, then the individual debtor is given 30 days to repay the amount without interest. Then the above article of the Civil Code on penalties comes into force
In Russia, there is a statute of limitations - if you are thinking about how to return the money without a receipt, but more than three years have passed, then you most likely will not be able to submit a claim.
If the loan amount exceeds 10 times the minimum wage at the time of borrowing money, then you are also required to draw up a promissory note - such legal actions of citizens must be confirmed by papers.
Details about which receipt has.

How to collect evidence to get your money back?

To summarize the above, if you find yourself in a situation where you lent money without a receipt and are thinking about how to get it back, then the first thing you need to do is try to get a receipt from the debtor legally and without pressure. If this fails, you need to try to collect evidence of the loan and contact the police or court.

Yes, and if the police tell you - no receipt, no file - you can point to Art. No. 162 of the Civil Code, which clearly states that:

Yes, if the parties have not followed the procedure for simple written recording of the transaction, then this deprives them of the right to refer to this form in confirmation of the transaction itself
And no, this does not deprive them of the right to collect and present evidence, written or otherwise, in support of the transaction.

With such confusing language, the law allows us to prove the very fact that the loan transaction took place. Evidence is divided into several types:

When providing evidence, you must comply with certain legal requirements.

There is an opinion that the work of law enforcement officers does not help citizens in terms of disputes with each other. And this is partly true. Is it possible to return money without a receipt with the help of the police? Yes, this is real, but the likelihood of a positive solution to the problem is unlikely.

After understanding the laws and collecting evidence, you need to go to the local police department that is assigned to your area. The debtor’s place of residence does not play a role here. When applying, you need to study the criminal and criminal procedure code regarding citizens’ appeals. So, in a situation with non-repayment of debt, we are interested in whether this is fraud, or the so-called theft of funds through deception or abuse of trust.

The application submission algorithm is established by Order of the Ministry of Internal Affairs of the Russian Federation No. 736. A decision on your issue must be made within 10 days. If a refusal decision is made, in other words, the investigation did not see the debtor’s actions as corpus delicti, then we can appeal it through the prosecutor’s office.

So, you have arrived at the police department to file a statement. You need to contact the duty station and express your desire. You will be given an application form or just a regular A4 sheet, on which you will independently indicate all the information. What should I write?

Specify to whom you are writing the application. Usually it is enough to simply indicate in the header: “To the head of the district department of the Main Directorate of the Ministry of Internal Affairs for such and such an area.” The attendant will clarify this point for you.
Write your details: “From the full name residing at such and such an address, contact telephone number such and such”
Next, in the middle of the sheet we write “Statement” and describe the essence of the problem
You need to start with “I, so-and-so, living there. On such and such a date I met (or sent via bank transfer) to such and such a sum of money in this amount.” Don't forget to include your passport details if known.
Complete the information about the place where the civil loan agreement was concluded orally
Indicate the period within which the debtor independently offered to repay the loan to you, and you agreed to this.
Write how many times and in what form you tried to convince the debtor to return the money
Indicate the reasons why the debtor refuses to repay your debt

After you submit your application, you will either be sent home, promising to consider it within the time limit established by law, or you will be invited to an interview with investigators. Don’t be afraid to make a mistake in the application form - in any case, when you try to initiate a criminal case, you will be called in for questioning and asked for explanations. In an ideal situation, the investigator, with the help of operatives and with the help of them, will interrogate him, confirming or denying the fact of debt and fraud. This will be followed by either a refusal to initiate a criminal case, or procedural actions to verify all information and initiate a case.

And most importantly, it doesn’t matter whether the investigator refused or the case was opened. In any case, you can file a civil lawsuit in court. Moreover, if the fact of guilt is established, then it will be easier for the court to make a decision. Also, if a criminal case is initiated, you will not have to pay a state fee in court - Art. No. 44 of the Criminal Procedure Code of the Russian Federation.

How to force a debtor to repay a debt through court?

Courts in situations where the debtor refuses to repay the loan, and the one who gave the loan proves that he is right, do not occur so often. Basically, people do not believe in the possibility of forcing the debtor to return the money without a receipt - and in vain, because the court will help not only return the money, but also receive compensation for moral damage, a penalty. Plus - to cover court costs and expenses for a lawyer and a lawyer.

Don't forget to prepare all the collected evidence. In the event of a trial, correspondence should be certified by a notary, and calls to the debtor should be confirmed using a mobile operator. In addition, when going to court, you need to pay a state fee. The amount in a debt repayment situation will vary. At the time of writing this article:

The amount of the claim is less than 100 thousand rubles - 4% of the claim price or at least 2 thousand rubles
The amount is less than 200 thousand, but less than 100 thousand - 4,000 rubles plus 3% of the total amount in the statement of claim.
If the amount is more than 200 thousand rubles, seek advice from the court at your place of residence

Drawing up a statement of claim

The statement of claim is drawn up in almost free form. If in doubt, check that the following points are included:

You demand the debtor to pay the debt
You demand the debtor to pay the costs of legal fees - state fees and legal services
You demand payment of a penalty for an overdue debt

Otherwise, the statement of claim is drawn up according to the template accepted in any court as a basis. You need to specify:

Information about yourself as detailed as possible – passport details, place of residence, contact details
Do the same with the data on the borrower - do not forget to add, if known, where he works and what he does
Describe in as much detail as possible the circumstances in which the citizen approached you with a request to lend, what motivated the need to receive this money. Tell us how you lent him - where it happened, what bills, etc. The more details the better
Don't forget to indicate that you have come to an agreement on the exact date for repayment of the debt. If this did not happen, then indicate your last demand in negotiations with him - this date is needed to calculate the penalty
Attach to the statement of claim all the collected evidence of both the fact of the transfer of money and all attempts to collect money from the debtor. Don’t forget to add indirect and direct confirmation of the existence of the debt - this could be an SMS with the approximate content “I’ll pay the debt back on Friday,” or simply the debtor’s excuses with the reasons why he cannot return the money to you
If there are losses from non-repayment of debt, also add them to the statement of claim - this will help in calculating penalties.

The key to the statement of claim is the situation with the debtor ().

Be more careful during trials - sometimes unnecessary information about your actions can be turned against you. If the debtor can prove that you extorted money from him by threatening physical harm, then the situation can become dire, since this is illegal. You insist that you communicated with him correctly and only demanded your own. And the fact that you are demanding penalties through the court, that is, additional funds, is your right under the Civil Code.

Settlement agreement

In a situation where the debtor admits his debt in court and is ready to repay it, you can agree to a settlement agreement. Then the court will record your agreements and if the debtor does not fulfill the terms of the agreement, then again through the court you will have to prove your case.

If the debtor offers a settlement agreement, then either agree to pay the debt and a fixed penalty immediately, or make sure with the help of the court of the debtor’s solvency. This means that if the debtor fails to comply with the points, the bailiffs will enforce the court decision through collection methods. That is, to seize the debtor’s property and his accounts. If the debtor does not have a permanent job with a high salary, then enforcement proceedings will not give anything to your account - there is no money, there is nothing to collect.

Calculation of penalties

Demand that the court order not only payment of the debt, but also penalties against you. It is calculated based on the Civil Code - 1/150, multiplied by the key rate of the Central Bank, multiplied by the number of days of delay, multiplied by the amount of debt. Next, we will give an example of how to calculate a penalty for a debt without a receipt if the debtor does not want to come to an amicable agreement.

Let's take, for example, a debt amount of 1 million rubles. The Central Bank rate (can be viewed on the main page of the official website of the department) is 9%. The debt is overdue for 90 days. We count:

1,000,000.00 × 90 × 1/150 × 9% = 54,000 rubles

It is this amount that should be indicated plus the price of the loan agreement in the statement of claim.

Arbitrage practice

Lawyer at the Legal Defense Board. He specializes in administrative and civil cases, compensation for damages from insurance companies, consumer protection, as well as cases related to the illegal demolition of shells and garages.

Many people ask the question: is it possible to return money lent without a receipt? Is it possible to repay the debt without significant evidence and without resorting to harsh measures? How to prove it using the law and without crime?

The debt repayment procedure will not be so simple and will require the involvement of a qualified lawyer, but the result will be visible immediately.

The diplomatic way to collect a debt without a receipt - how to talk to the borrower?

First of all, you must talk peacefully with the borrower and politely ask him to return the debt to you. Try to persuade him and negotiate a time frame for repaying the debt.

You can ask the defaulter to draw up a receipt indicating the amount and date of return of the money. If the borrower agrees, the receipt will be the main evidence of his debt to you.

When talking, you should let him express his arguments, listen to his excuses and understand his difficult situation. But under no circumstances threaten the debtor, or better yet, say that you will sue, because the law is on your side.

When talking you can mention Articles 810, 811 of the Civil Code of the Russian Federation.

If you can’t talk or the interlocutor does not agree to give the money peacefully, then you will have to collect evidence.

You can record a conversation with him using audio recordings of telephone conversations or communication via electronic messages.

How to properly collect audio and video evidence of a debt without a receipt - instructions

Stage 1. Technical preparation. You will need to purchase:

Voice recorder - to record a conversation with a defaulter.
Mobile or landline phone, always with speakerphone function.
A good video camera.

Stage 2. Preparing for the conversation with the defaulter:

You need to record the date and time - say them into a voice recorder and video camera.
Indicate the exact date and time of the call.
Indicate the telephone numbers from which the call originated.

Stage 3. Recording the conversation. When making a telephone conversation, do not forget to emphasize the following information:

Last name First name Patronymic name of both speakers.
The amount of money on loan.
When you lent money - the exact date.
Setting deadlines for debt repayment.
It is advisable to indicate the purpose of the loan.

Stage 4. Drawing up a decryption report. At the end of the conversation, you should mention the duration of the call and the end time of the call.

After completing the recording of the conversation, you need to draw up a transcript of the recording, which should indicate all the details of the conversation with the defaulter.

Text evidence of lending money without a receipt

Start a correspondence with the debtor and indicate:

The monetary amount of the loan.
Date of loan issuance.
The purpose of taking a loan from you.

Demand a refund of the full amount and indicate a time frame for repayment. When the borrower responds to your message, you need save and print both messages . This will be useful to you in court.

It would be nice to have eyewitnesses of your correspondence. Witnesses will also be needed in court.

Procedure for contacting law enforcement agencies

Before going to law enforcement and filing a report, there are a few important things to keep in mind.

1. Registered letter

Before contacting the police, you need to send an official letter to the debtor. In the letter you should write everything that was indicated in the email correspondence and in the telephone conversation. The letter must be registered so that you have notification of delivery to the recipient. You can also use telegram.

2. Contact the Ministry of Internal Affairs

After you have sent a letter to the debtor, you need to contact the internal affairs department.

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Everyone is familiar with the situation when they have to lend money to colleagues, friends or relatives. At the same time, only a few take a receipt from the debtor; the rest are guided by the fear of being ashamed for not trusting a loved one. But later, when all the repayment deadlines are coming to an end, and the debtor is still in no hurry, the lack of written agreements on the loan can interfere with the restful sleep of the one who lent his hard-earned money. How to repay a debt if there is no receipt and is this even possible in principle?

Is it worth doing anything?

In most cases, citizens who risk being left without money begin to behave fundamentally incorrectly, which only worsens their situation. Some are eager to immediately contact the judicial authorities or the police department, others try to intimidate the debtor and return their property by force.

Another way out is to accept the situation for granted and mentally say goodbye to money. Would-be creditors are confident that even repaying a debt on a receipt through the court is not an easy task, not to mention the circumstances when the main evidence of the loan is missing.

Any of these tactics are doomed to fail. However, it is still necessary to act, because even according to the Supreme Court ruling, personal money must be returned if it is not a gift. And although the one who gave the loan faces difficult legal battles, he still has a chance of success. Let's look at practical tips and recommendations that will tell you how to force the debt to be repaid without a receipt.

Step one - peace treaty

As a rule, they do not give loans to strangers. The debtor is usually a relative or close friend. In this case, it would not be superfluous to attempt a peaceful resolution of the situation. You should inquire about the reasons for non-return and discuss the terms and conditions again. You can try to draw up a receipt or loan agreement this time.

Receiving such a document changes the essence of the matter radically, because there is already official proof of the fact of the transfer of funds from one person to another, indicating dates, deadlines and amounts. Then the question of how to repay the debt without a receipt and witnesses automatically disappears.

If there is no one to go to peace, the debtor is hiding or actively avoiding meetings and conversations, then it is necessary to move on to the next step.

Step two - collecting evidence

Some citizens are confident that they know if there is no receipt, but there are witnesses. In their opinion, you can contact the police to file an application to initiate a case, and the testimony of witnesses can be attached to the application as evidence of the fact of the loan.

In fact, it is normal practice to begin legal proceedings for misappropriation of personal funds through deception or breach of trust. But the testimony of witnesses in this case is not considered as evidence, and in 99% of cases the application will be rejected.

It is necessary to begin collecting evidence of the fact of borrowing money. The main task is to record contact with the debtor using technical means or on paper. Any options will do - SMS, correspondence from social networks, recordings of conversations. It is important that in these contacts people mention the loan, its terms and conditions, methods of repayment, etc. The more “evidence” you can collect, the greater the chances of getting yours back.

What is accepted as evidence

The court considers video and audio recordings that record the facts of borrowing money. It’s good if the debtor identifies himself and his data in the recording so that the authorities do not have any doubts.

Printouts of details, SMS, screenshots of correspondence from social networks and email are suitable. If the correspondence is too long, then electronic media is acceptable. All this must be certified by a notary, regardless of the content. The notarial protocol involves a personal inspection by an office employee of the computer from which the correspondence was made.

You should pay attention to the method of transferring funds. Today, bank transfers through a mobile bank or other electronic payment system are increasingly used. If possible, you should make a printout indicating the amount and date of transfer with the purpose of payment.

In order to collect all the data, you will have to spend time and money. This is what else a decision to lend money without a receipt can result in. How to repay a debt when you have all the documents and printouts on hand? Let's move on to the third step.

Step three - contact the police department

Having collected all the evidence and facts, the citizen can go to the police to file a complaint. Then everything could turn out like this. Option one - the application is accepted and a case is initiated for subsequent transfer to court. Option two is refusal. If they do not accept, then the fact of an official refusal in office work can be found out within 24 hours.

How to repay a debt if there is no receipt, and the Department of Internal Affairs refused to accept the application? It turns out that even in case of refusal there is a chance of a return. Firstly, this result can be disputed. Secondly, the law does not prohibit in this case filing an application for civil proceedings based on non-repayment of the debt. Then you should go straight to court.

Step four - application to court

To go to court and file an application to initiate a case, you will have to pay a state fee. Its amount will not exceed 60 thousand rubles, but it can still be quite significant. So, for example, for a debt amount of 50 thousand rubles, the state duty will be at least 1,700 rubles.

The mere filing of an application with the court does not guarantee that proceedings will be automatically started. Within 5 days, the judge will decide whether to initiate a case or refuse. The application may also be returned or frozen. All this is accompanied by official written notifications.

Certain points that the applicant will have to face will be too unclear or legally complex. If the amount of debt is large and worth all the hardships, it is better to contact a qualified specialist. The services of a lawyer will not be cheap, but there will be a guarantee of a positive result, because in general the law is on the side of the applicant.

The court is on the applicant's side. What's next?

If the court accepted the case for consideration and decided on the need for compensation, you can count on success. True, the debtor has the right to appeal the court decision. If he does not plan to do this, the case goes to the bailiffs, and they begin enforcement proceedings.

To prevent this process from dragging on for years, you should make periodic visits to the bailiff service. Those, in turn, are obliged to collect data on the debtor’s financial situation and possible ways of returning funds on his part. Thus, the presence of real estate, valuable property, accounts and deposits will be checked. Bailiffs may prohibit travel abroad or seize the debtor's accounts.

How to repay a debt using a receipt

A receipt must be taken from an individual if the amount of debt exceeds the minimum wage by 10 times. The document must contain personal data of both parties, the date of preparation, the amount of debt in figures and words, conditions and terms for its repayment. The receipt can indicate the terms of penalties for failure to return on time and the general interest for using someone else’s money. This is not a mandatory condition and is rarely used in practice, but is permitted by law and will be taken into account by the court. The receipt must include signatures and transcripts of signatures of both parties.

Let’s say that all the formalities were observed, and the citizen gave a loan against a receipt. in case the conditions of the receipt were not met? You can go to court. There is no point in delaying the process, since the document has an expiration date of 3 years from the date of expected repayment of the loan.

Next, the same procedure occurs as when repaying debts without a receipt. With one difference - the collection of additional documents and evidence in this case is not required. The receipt must be provided in two copies.

So, we figured out how to repay the debt if there is no receipt. This process is not easy, but the lender has a chance of success. The main condition is the availability of evidence and facts in debt. The more evidence is collected, the higher the likelihood of a refund.