Debt recovery claim
Civil-law relations often have property grounds, so every citizen can face the debt recovery process. Debt collection and the effectiveness of the processes directly depends on the actions taken by the person or his defender from the very beginning.
A debt recovery claim is a fairly effective pre-trial method of conflict resolution. She can remind the debtor about his obligations to the client. And save both parties from unnecessary legal costs.
There are two types of debt: contractual and non-contractual. The methodology for resolving disputes of both types is similar. Only the evidence base differs. The claim for debt repayment can be used under any circumstances of the debt obligation.
The debt is regulated by different branches of law and can be collected forcibly or voluntarily. Writing a complaint will help resolve the issue voluntarily.
Sending a demand for debt repayment
In the case of the debtor's refusal to pay the debt, the lawyer prepares a written claim (demand), in which he explains in writing the current amount of the debt at the time of contact. In addition, the lawyer explains the content of Article 190 of the Criminal Code of Ukraine - fraud, and also informs that in case of late payment of the debt against the debtor, criminal proceedings will be registered under the specified article.
The demand for debt repayment contains all necessary calculations, additional sanctions against the debtor.
When a demand for debt repayment is made
The claim is made in order to remind the debtor of the existing obligations to the client. This is an offer to voluntarily close the financial conflict that arose due to the violation of the terms of the contract. Payment of the overdue debt in the event of receiving a claim will completely settle the dispute and make it unnecessary to go to court.
The demand for debt repayment is made in writing. A lawyer will help you draw it up correctly, noting all the nuances. If the debtor refuses to pay the debt, this claim can be used as an argument in the court process.
Also, a debt recovery claim will help the debtor understand the clear provisions and amounts that will have to be dealt with. Documents and other evidence are attached to it to indicate the legality of debt collection.
And only after time has passed since the claim was sent and the debtor has not fulfilled his obligations, a person can apply to higher authorities for repayment of the debt.
Sample claim for debt recovery
The claim must contain clear points. The text of the demand must include specific violations of the contract, references to the clauses of the contract and laws on the basis of which the client wants to return the debt. It is also very important to specify the specific amounts owed.
Also, a claim for debt recovery may contain the definition of fines and other payments that were stipulated in the terms of the contract between individuals.
A lawyer will help in the correct filing of the claim. He will not miss any important point and will write the claim in such a way that it can be used in court proceedings in the future if the debtor does not return the funds voluntarily.
Assistance of a lawyer in writing a debt recovery claim
In cases of violation of civil relations, submitting a claim in writing gives a chance to settle the conflict. Therefore, it is worth contacting a lawyer, this will help increase the chances of a pre-trial resolution of the issue.
A debt recovery claim written by a lawyer makes it possible to record all claims and demands in writing, to issue them legally correctly.
There is no such universal model of a claim for debt repayment. Each content must adapt to each situation. Our lawyers specialize in filing claims and successfully argue any demands written in the letter, relying on laws and clauses of the contract.
Legal assessment of the situation
The lawyer analyzes the documents available to the client and the situation between him and the debtor.
Drawing up a debt recovery claim
According to the available documents, the lawyer draws up a claim, which contains calculations that indicate the amount of debt, the amount of fines (in the case stipulated by the contract or the law) and other justified demands on the debtor.