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Publication date: 22.05.2024
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Repaying borrowed money can be a difficult process, especially if the borrower is unwilling or unable to repay the debt voluntarily. In this case, it is important to act in accordance with the legislation of Ukraine and taking into account your rights and opportunities.
Steps to return borrowed money
Pre-trial settlement:
1. Polite reminder: first try to remind the debtor about the debt in a polite way. Sometimes a person may simply forget or temporarily be unable to return the money.
2. Demand letter: If a verbal reminder does not help, send a written demand clearly stating the amount owed, the date of the loan, the repayment period and the consequences of non-repayment. It is better to send the letter by registered mail with a notice of delivery.
3. Engage a mediator: If you both agree, you can engage a mediator or third party to help find a compromise solution.
Legal registration of the debt:
1. Receipt: if you did not issue a receipt at the time of the loan, try to agree with the debtor to sign this document now. The receipt must contain all the main details of the debt and be signed by both parties.
2. Loan agreement: it is ideal when money is borrowed on the basis of a written loan agreement certified by a notary public.
Legal actions:
1. Contacting a lawyer: if pre-trial measures have not yielded results, you should contact a lawyer who will help you draw up a statement of claim and prepare other necessary documents.
2. Court action: file a lawsuit in the court at the debtor's place of residence. Evidence of the existence of the debt (receipt, loan agreement, correspondence, etc.) is attached to the lawsuit.
Enforcement:
1. Court decision: After receiving a positive court decision in your favor, you can apply to the enforcement service for forced collection of the debt.
2. Actions of the executive service: The executive service can seize the debtor's property, levy a garnishment on his wages or other income.
Debt repayment by receipt
Receipt debt recovery can be a relatively simple process as long as everyone involved adheres to their obligations and understands their rights and responsibilities. Here are some steps that can make this process easier:
1. Preparation: Contact the person who lent you money and agree on the terms of debt repayment. It is important to determine the amount, term and methods of payment to avoid misunderstandings.
2. Payment schedule: Set up a payment schedule that works for both you and the lender. It can be considered as a deferral of payment to reduce financial pressure.
3. Timeliness: Follow the debt repayment agreement. If you cannot make a payment on time, notify the creditor in advance.
4. Confirmation of payment: Always keep documents about each payment made. This may include payment receipts or payment slips.
5. Communication: If you are having difficulty repaying your debt, discuss it openly with the creditor. It is often better to consider alternatives than to ignore the problem.
6. Legal advice: If serious difficulties arise, consult legal advisers, they can help find a solution within the framework of the law.
