Request for repayment of debt by receipt sample

Before going to court to collect a debt, a claim is usually sent by receipt.

Very often, a separate loan agreement is not concluded between citizens, and the loans themselves are made “on trust”. But receiving at least a receipt when transferring funds in an amount over 10,000 rubles is mandatory, because only then is it possible to protect your rights, including in court by filing a statement of claim to collect the debt under the loan agreement.

Preparing a claim against a receipt yourself is not difficult and does not require special knowledge. Before drawing it up, we recommend that you familiarize yourself with the provisions of Chapter 42 of the Civil Code of the Russian Federation, which sets out in detail the procedure for early termination of a loan agreement, calculation of interest, etc.

Claim by receipt

Example of a claim on a receipt

Davletin Igor Alekseevich,
address: 630000, Novosibirsk,

st. Dobrolyubova, 194-38

from Veronika Sergeevna Akhmetova,

address: 633000, Berdsk,

Morskoy Ave., 64-87

Claim by receipt

On August 28, 2021, a loan agreement was concluded between us, under the terms of which I transferred funds in the amount of 75,000 rubles to your ownership. for a period until November 28, 2021, which is confirmed by the document issued in accordance with Art. 808 of the Civil Code of the Russian Federation with a receipt.

According to the terms of the receipt, funds must be returned in equal parts before the 28th of each month in the amount of 25,000 rubles. However, in violation of this agreement, the second payment in the amount of 25,000 rubles, which should have been made by you by October 28, 2016, was not received.

In accordance with Art. 811 of the Civil Code of the Russian Federation, if the loan is repaid in parts, if the deadline for repayment of the next part of the loan is violated, the lender has the right to demand early repayment of the entire remaining loan amount along with the interest due.

In accordance with Art. 395 of the Civil Code of the Russian Federation, for the use of someone else’s money, interest is payable, the amount of which is determined by the bank interest rate existing at the place of residence of the creditor (in this case, the lender) on the day of fulfillment of the monetary obligation. According to the information of the Central Bank of the Russian Federation on average bank interest rates on deposits of individuals for the purposes of applying Art. 395 of the Civil Code of the Russian Federation, in the Siberian Federal District the average rate is currently 8%.

Currently, guided by Art. 395, 808, 811 of the Civil Code of the Russian Federation, I demand early return of funds in the amount of 50,000 rubles. (principal debt), as well as pay interest for the use of other people’s funds for each day of delay, starting from October 28, 2016 until the date of repayment of the debt.

As of November 15, 2016, the period of delay is 19 days, therefore interest is payable:

25,000 rub. (debt)*19*8%/366 days = 103 rub.

I ask you to consider this claim within 5 days, otherwise I will be forced to go to court with a statement of claim to collect the debt, which will entail additional legal costs, which will be reimbursed at your expense.

11/15/2016 Akhmetova V.S.

Claim by receipt: form

The claim form is here.

To Mr.___________________________
passport: ____________________"

_______________________________.

__________________________________

address:_________, Moscow, st. _____________, d._

tel.:

Claim by receipt

“___” __________ 200_ between me and ________________________ an agreement was concluded in the form of a receipt (hereinafter referred to as the “Agreement”).

In accordance with clause 1.1. Agreement __________________ assumed the obligation to repay the debt and pay interest on it.

Within the time period established by the receipt, namely “___” __________ 200_, Mr. _____________________________ did not return his obligations to me.

Doesn't answer phone calls or other means of communication.

Based on the above, before “___” __________ 200_, I ask you to return all funds to me and pay the due interest.

"___" __________ 200_ _____________________________

Claim under a service agreement.

How to file a claim with the Criminal Code for flooding of an apartment, read here.

How to write a claim for poor-quality repairs, read the link:

How to file a claim against a receipt

There are different loan agreements - interest-bearing and interest-free, subject to repayment at the end of the agreement or in installments. Most often, a claim by receipt must be sent to:

when the loan must be repaid in installments and the periodic payment has not been received: the contract can be terminated early and demand repayment of the entire loan amount;
when the loan amount is not repaid in full or in part: then the claim contains a requirement to repay the debt and pay a penalty.

There is an opinion that if the contract does not stipulate interest for using the loan, then it does not need to be paid. But this is not entirely true: a loan between citizens is supposed to be interest-free for an amount of no more than 50 minimum wages, or when a certain thing is being dealt with. In all other cases, you can send a claim by receipt demanding payment of interest for using the loan.

Like any other claim, including a consumer claim, a document is drawn up in free form, but in writing, indicating:

addressee of the claim;
information about the person who sent the claim, incl. his address;
name of the document (claim);
when and between whom the loan agreement was concluded, which confirms this fact;
calculation of the amount and the applicant’s requirements: return the loan, part of the loan, interest, pay a penalty, etc.

How to file a claim against a receipt

The current civil procedural legislation does not impose any requirements on the content of a claim, unlike a claim. Therefore, the claim originator can act at his own discretion. However, if the document is planned to be subsequently presented in court, then it should be drawn up by analogy with the statement of claim.

claims for the return of funds under a loan agreement free of charge in word format

Attention! Therefore it should include the following information:

last name, first name, patronymic, address of the debtor’s place of residence, means of communication, if known,
last name, first name, patronymic, residential address of the creditor, means of contacting him in the form of telephone number, email,
title of the document “Claim for debt repayment”,
when and under what conditions the loan was provided, its repayment period,
a link to a receipt that confirms the establishment of legal relations between the parties,
an indication of other evidence that confirms the fact of the provision of the loan,
obligations assumed by the borrower and their fulfillment,
circumstances that forced the creditor to demand repayment of the debt,
legal grounds for making a claim,
the essence of the requirements that the debtor must fulfill,
copies of the attached documents,
date, signature, surname and initials of the creditor.

ATTENTION! Look at the completed sample claim for the return of funds under the loan agreement:

Is the deposit refunded or not?

Filing a claim by receipt

The prepared claim must be delivered to the addressee. At the same time, in order to confirm this fact. You can hand it over in person by asking for a signature with a transcript to be included in the second copy of the claim. In case of refusal to receive a claim, invite 2 witnesses who will certify the fact of refusal with their signatures.

You can also send your claim by registered mail with acknowledgment of delivery and a list of the contents.

What if the addressee does not respond to the complaint or does not take the required actions? Submit an application to the court for a court order or a statement of claim to collect the debt under the loan agreement.

If a claim is received based on a receipt, it makes sense to familiarize yourself with the statement of claim to recognize the contract as not concluded or to declare the transaction invalid.

Claim by receipt: sample

A sample claim is here.

Mr. Leonid Andreevich Andrienko
passport: 46 10 992540

issued by the department of internal affairs of the Yuzhnoye Butovo district of Moscow on May 19, 2010.

__________________________________

address:_________, Moscow, st. Detskaya, 25, apt. 41

tel.:+7

Claim by receipt

On March 13, 2021, an agreement in the form of a receipt was concluded between me and Anton Gennadievich Zaplatin (hereinafter referred to as the “Agreement”).

In accordance with clause 1.1. Agreements Zaplatin A.G. assumed the obligation to repay the debt and pay interest on it.

Within the time period established by the receipt, namely May 13, 2021, Mr. Zaplatin A.G. did not return his obligations to me.

Doesn't answer phone calls or other means of communication.

Based on the above, by June 13, 2021, I ask you to return all funds to me and pay the due interest.

June 13, 2021 _____________________________

Three stages of repayment of loan overpayment

Nowadays, overpayment of a loan is quite a rare occurrence, since banks require prior notification of their intention to make a full early repayment. Due to this, interest is recalculated so that excess funds are not deposited. Although, if you are in doubt or know for sure that you paid more on your loan than required, you can get your funds back. Moreover, regardless of what payment schedule was used - annuity or differentiated. To do this, you will need to perform a maximum of three simple steps:

Filing a claim against a receipt for debt repayment

The publication discusses the procedure for drawing up a claim for the return of funds against a receipt from an individual. Provisions are also provided on the procedure for submitting the document and on the collection of financial resources based on it.

A receipt is an agreement between two persons that contains the basic terms of a loan from one person (the lender) to another (the borrower). Often many citizens neglect to draw up this agreement. But without it it is very difficult to prove the fact of transfer of money or return. This agreement has legal force and is based on the provisions of the civil code, namely Art. 810.

As a rule, the main conditions specify the method of return, the presence/absence of interest and terms. If after a certain period of time the borrower is in no hurry to repay the money, then it is recommended to act in accordance with the laws of the state.

First, you will need to file a claim against a receipt. Such a document represents a certain requirement from the lender to the borrower.

In other cases, at the discretion of the citizen, a pre-trial procedure can be used or a statement of claim can be drawn up.

Important! Drawing up a claim is mandatory only in two cases: when the terms of provision of financial resources provide for this, or when the receipt does not indicate specific repayment terms.

A claim for a debt receipt is drawn up according to the sample. However, it does not have a set form. It can be written by hand or printed on A4 sheet. The text should not contain errors, blots, strikethroughs, personal statements, swearing or other obscene words.

Compilation rules

Time limit for consideration of a claim under the Civil Code of the Russian Federation between legal entities

The text must describe the details of the parties. In addition, you need to indicate the basis document, namely the receipt itself, which reflects the main conditions for the transfer of money and their return.

It is also necessary to refer to the legislative acts regulating this situation.

Next, you need to indicate by what period the borrower needs to repay the debt obligation, and how to do it (cash, non-cash). If you use the second method, you will need to write the account details for the transfer.

Note! The demand for repayment of the debt must be signed by the creditor and dated.

Claim for refund of funds by receipt, sample

A claim for a receipt between individuals (sample) consists of three parts and contains the following details:

last name, first name, patronymic of the lender;
residential address (zip code, region, city, street, house, etc.);
contact phone number;
last name, first name, patronymic of the recipient;
residential address (also in full).

date of receipt;
a brief overview of its conditions (terms, amount, etc.);
reference to legislation (Article 811 of the Civil Code);
return request;
calculation of interest (if any);
period for consideration of the claim.

date of;
signature;
list of applications (if available).

Sample application for distribution of tax deductions between spouses

As a general rule, a citizen is obliged to repay the debt within a period of up to one month from the date of filing the claim.

Additional Information! Drawing up such a document is quite simple. A claim for a refund against a receipt can be found on the Internet, or contact specialized companies. The latter will help you fill out the required form legally and correctly. However, you will have to pay for their services.

Claim to the management company for compensation for damage due to flooding

In order for the letter of claim to have legal significance, it is necessary that the second party to the debt relationship receives it. This can be done in two ways:

give in person;
send by post.

Personal delivery is a quick and less expensive method. However, the debtor does not always make contact. If you managed to hand over the claim in person, then it is necessary for the recipient to make a note on the lender’s copy that he received it. This note is accompanied by a date and signature.

If it was not possible to give it in person, then you need to send it by registered mail with notification. This procedure will take more time and money (to pay for the envelope and postal services). But the claim maker will have a document (for example, a receipt, a scanned copy of tracking, etc.) that the second party received it.

Collection can be made in two ways:

in a pre-trial manner;
in judicial

Which one to choose is up to the citizen to decide. However, in some cases (described above), the first technique must be used first.

Sample statement of claim

If compensation upon request is not completed, then you have the right to file a claim in court. Attach documents confirming the transfer of money. As a rule, this is a receipt drawn up between individuals. In addition, when drawing up a claim, you will need to attach it.

If it was sent by mail, then a shipping receipt (on which there is a tracking number) and a tracking screen on the official website of the mail. If a letter with a notification was sent, then this notification is returned to the sender, provided that the letter is delivered to the addressee.

The notice bears the date of delivery and the signature of the recipient.

In addition to supporting documents, a copy of the passport and a receipt for payment of the state fee are attached to the claim.

But if a citizen is going to return the money, he must first draw up a receipt when providing the money, which describes in detail all the conditions.

Upon expiration of the debt repayment period, you need to file a claim indicating further actions. If this does not help, then you can safely go to court.

If the loan recipient improperly fulfills his obligations to repay the money, the parties should try to come to an agreement without involving third parties before filing a claim in court for forced collection.

One of the most frequently drawn up documents is a receipt for the return of funds. A receipt is a guarantee of the return of borrowed money. One party to the agreement draws up a receipt, must certify it with a signature and transfer it to the other party. A well-drafted receipt can be used during legal proceedings if necessary.

It may happen that one of the parties to the agreement does not fulfill its obligations to return the funds upon expiration of the loan term. Before going to court to collect a debt, the lender submits a claim for repayment of the debt against a receipt.

We invite you to familiarize yourself with: Capital construction project: registration of the process of handing over and acceptance of the object, drawing up an act and stages of the procedure, example of filling

Chapter 42 of the Civil Code of the Russian Federation sets out in detail the procedure for early termination of a loan agreement. A claim on a receipt is aimed at informing the debtor of information about his failure to fulfill obligations under this receipt, and is a demand for repayment of the debt.

A claim against a receipt for a refund may be sufficient, but this does not always happen. If the borrower ignores this claim, you should go to court. The calculation period begins from the moment the plaintiff claims a violation of the agreement.

To draw up a claim against a receipt correctly, you should carefully study each clause of the loan agreement. The completed claim must be sent to the defendant’s address by registered mail (this does not allow the defendant to claim in the future that this letter has been lost or not received). The lender must keep the check received at the post office when sending the letter.

From this moment on, the defendant is given 30 days to consider the claim. If the defendant does not respond to the claim, the creditor has every right to prepare a lawsuit.

A claim against a receipt must be made in writing and the following information must be indicated:

Lender details: full name, residential address, contact phone number.
Details of the addressee of the claim: full name, residential address.
Title of the document.
Conditions for concluding a loan agreement: when and between whom it was concluded.
A document confirming the conclusion of a cash loan agreement, the actual receipt.
Link to legislation (Article 811 of the Civil Code of the Russian Federation).
Calculation of the amount and the applicant’s request for repayment: return the entire loan or part of it, pay interest, etc.
The period after which the borrower must repay the debt.
Type of refund: cash or non-cash refund; for the latter, you must specify the account details for transferring funds.

The validity period of the claim on the receipt is one month. If after this time the defendant has not repaid the loan, the creditor has every right to file a lawsuit. This requires drawing up an application.

A claim for a debt receipt is drawn up according to the sample. It can be either handwritten or printed. The text of the complaint must be as correct as possible (do not contain errors, strikethroughs, personal statements, etc.).

Filing a claim

As already indicated, a claim for a receipt for the return of funds should be sent to the borrower.

The best option would be to submit the claim in person, so you can be completely sure that the letter has reached the addressee.

The second option is to deliver the claim against receipt by registered mail with notification. From the moment the borrower receives the letter of claim, a period of 30 days begins for the defendant to respond - he can return the debt or ignore the claim.

If the borrower does not respond to the pre-trial claim for the return of funds under the receipt and does not carry out the actions specified in it, the lender has the right to send a statement of claim to the court to collect the debt under the loan agreement.

When going to court, you must fill out an application. A statement of claim to collect a debt by receipt is a standard legal document.

Introductory:

Main:

Final: