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Publication date: 01.05.2024
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A debt is an amount of money or material resources that one person (the debtor) is obliged to return to another person (the creditor) for a certain period of time. Debt can arise for a variety of reasons, such as a loan, credit, delayed payments for goods or services, and debt for living or business expenses.
A promissory note is a written document in which one party, usually the debtor, undertakes to return borrowed money or other property to another party, usually the creditor. This document contains the terms of the loan, such as the loan amount, repayment period, interest rate (if applicable), repayment terms, etc.
Debt collection, a debt collection lawsuit, is the process of reimbursing or returning an amount that was borrowed or promised, but was not returned within a specified period. This can be related to money loans, non-payment for goods or services, unpaid child support or any other type of debt.
Debt collection by receipt. The process of debt collection under a receipt may vary depending on the legislation of the country where the receipt was concluded, as well as on the specific terms of the agreement between the parties. However, the main steps may look like this:
Checking the terms of the receipt: First, you need to check the receipt itself and the terms that have been agreed between the parties, including the amount owed, repayment terms, interest rate (if any), terms of repayment, etc.
Attempts to resolve: It is usually best to try to resolve the issue amicably before proceeding with legal action. This may include writing a letter or making a formal request for debt repayment, making phone calls or meeting the debtor in person.
Legal Notice: If amicable attempts to resolve the matter have failed, it may be necessary to send a formal legal notice to the debtor. This can be in the form of a letter from a lawyer or a letter from the sender, which clearly indicates the amount of the debt and the repayment period.
Lawsuit, debt collection lawsuit: If the debtor refuses to repay the debt or does not respond to legal notices, a debt collection lawsuit can be filed. In this case, you may need legal advice or the services of a lawyer to prepare a statement of claim and conduct a trial.
Enforcement process, enforcement of debt: If the court decides in favor of the creditor, an enforcement document can be issued, which is sent to the enforcement agency to collect the debt. The enforcement agency can use various methods of debt collection, such as wage garnishment, seizure of property or other measures, to return the debt to the creditor.
Collection of debt by the executive service Debt collection by the executive service can be carried out in several stages. Here is the general order:
Preparation of an executive document: The creditor must have an executive document that allows the executive body to collect the debt. This document can be a court decision, an agreement between the parties, or another document that establishes the debtor's obligation to pay the debt.
Submission of the executive document to the executive body: The creditor submits the executive document to the relevant executive body together with the application for enforcement.
Sending a notice to the debtor: The executive body sends a notice to the debtor that debt collection has begun and provides an opportunity to pay the debt voluntarily within a certain period.
Implementation of executive actions: If the debtor does not pay the debt voluntarily within the prescribed period, the executive body can implement various executive actions to collect the debt. This may include crediting wages, seizing property, debts, or other sources of payment.
End of collection: If the debt is paid or collected in full, the enforcement process ends. In case of failure, the creditor may apply to the court for further measures to collect the debt.
Please note that the debt collection process can be complex and lengthy, and may vary depending on specific circumstances and local laws. It may also require professional legal assistance and knowledge of the conditions of collection of debt by receipt of judicial practice.
