Establishing the fact of the debtor's debt in a lawsuit in the absence of evidence. How to repay a debt without a receipt and witnesses - three methods for solving the problem Proof that if the debtor

The receipt turned out to be the only evidence that the person lent money to another person, but he was not going to return the funds. As a result, the local courts refused the offended lender. How to act according to the law in such situations, and explained the Supreme Court.

It is difficult to find a person who would never lend money in his life. It is no secret that many of those who went forward and lent money to a relative, neighbor or acquaintance, then hopelessly wait for months or years for the debtor to remember them. That is why the situation, which was analyzed by the Supreme Court, may be of interest to many.

It all started with the fact that a certain citizen went to court with a lawsuit against a friend. The plaintiff asked to recover money from the woman under a loan agreement and interest for the use of other people's funds. The citizen was denied by the courts of first instance and appeal. In the district court, the woman said that she had receipts in her hands to confirm the loan agreements and their conditions.

The transfer of money to the borrower can be confirmed by various evidence, except for the words of witnesses

It follows from the contents of the receipts that on March 20, 2008, her friend took 200,000 rubles from her at 4 percent per month for an indefinite period. At the same time, she undertook to pay interest on the amount every month on the 20th in cash, and undertook to return the rest of the amount on demand. Six months later, already in the fall, the lady again took money from her - now 100,000 rubles at the same 4 percent, and undertook to pay back interest on the amount on the 20th of each month.

But the good intentions of the parties did not become a reality. The situation with the debt, unfortunately, turned out to be standard - the creditor asked to return the money to her, but the debtor promised to do it. So passed all the stipulated and unspecified terms.

But the borrowed money never returned to the one who once lent it to her friend. In the end, the woman had to go to court. The plaintiff did not doubt her victory in the court session - after all, she had a receipt from the debtor in her hands. And she didn't refuse either.

Imagine the plaintiff's surprise when the local courts did not agree with the woman's arguments and made the exact opposite decision.

In refusing to satisfy the citizen's claim, the courts proceeded from the fact that no loan agreement was concluded between the ladies. And the receipt in the case does not confirm the fact of receipt Money precisely from the plaintiff, since it does not contain "information about the lender and the obligation of the citizen to return the amounts indicated in the receipt."

The Judicial Collegium for Civil Cases of the Supreme Court studied the refusals of the local courts and recognized the conclusions of the courts of the first and appellate instances as erroneous.

In clarifying its arguments, the Judicial Collegium of the Supreme Court stated the following:

Article 807 of the Civil Code of the Russian Federation states the following: under a loan agreement, one party (the lender) transfers money or other things defined by generic characteristics to the ownership of the other party (the borrower). And the borrower undertakes to return to the lender the same amount of money (loan amount) or an equal amount of other things received by him of the same kind and quality. In this case, the loan agreement is considered concluded from the moment of transfer of money or other things.

According to Articles 161, 808 of the same Civil Code, a loan agreement between citizens must be concluded in writing if its amount exceeds at least ten times the minimum wage established by law. Well, in the case when the lender is a legal entity - regardless of the amount.

In confirmation of the loan agreement and its terms, a borrower's receipt or other document certifying the transfer of a certain amount of money by the lender may be presented.

Thus, the Judicial Collegium for Civil Cases of the Supreme Court emphasizes that in order to qualify the relations of the parties as borrowed, it is necessary to establish the nature of the obligation, including reaching an agreement between them on the obligation of the borrower to return the money received to the lender.

As written in paragraph 1 of Article 160 of the Civil Code again, a transaction in writing must be made "by drawing up a document expressing its content and signed by the person or persons making the transaction, or persons duly authorized by them."

According to Article 162 of the Civil Code of the Russian Federation, a violation of the form of a transaction prescribed by law deprives the parties of the right, in the event of a dispute, to refer to the testimony of witnesses in confirmation of the transaction. But it does not deprive them of the right to provide written and other evidence. Based on the foregoing, the Supreme Court emphasizes that the transfer of a sum of money by a specific lender to a borrower can be supported by various evidence, except for witness testimony.

The Judicial Collegium for Civil Cases of the Supreme Court noted that it follows from the materials of the case that during the consideration of the case, the defendant intended to conclude an amicable agreement with the plaintiff.

The court once again drew attention to the fact that the debtor generally agreed with her debt. And in fact, she only expressed disagreement in court only with the accrued interest. But the circumstances that are very important for the qualification of the legal relationship of the parties, in violation of the requirements of the law (part 4 of article 67, part 4 of article 198 of the Civil Procedure Code of the Russian Federation), did not receive any assessment from both courts.

In addition, the Supreme Court stressed, the local courts did not take into account that, within the meaning of Article 408 of the Civil Code, the presence of an IOU with the lender confirms the non-fulfillment of the monetary obligation by the borrower, unless they prove otherwise.

The Judicial Collegium for Civil Cases of the Supreme Court once again stressed that the obligation to provide evidence refuting the fact of concluding a loan agreement with a specific lender lay with the defendant. And for this important point the attention of local courts was also not drawn.

Therefore, the Supreme Court, in its decision, canceled the earlier verdicts of local courts and ordered that the IOU case be reconsidered, but taking into account its own explanations.

It is not uncommon for acquaintances or friends to ask for a loan, and few people think of bothering with receipts or loan witnesses.

The society has so developed that nothing is a pity for friends and acquaintances, however, the consequences of such a loan can not only spoil friendship, but also affect the financial situation of the “savior” himself.

Oral contracts have their dangers in that they do not guarantee that the debt will be repaid.

This practice exists even in the family circle, 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. Why people cannot or do not want to repay a cash loan, as well as how you can legally repay a debt without a receipt and witnesses, we will learn further.

How to get a debt from a debtor without a receipt? If the fact of the 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 and how much you lent to whom if there is no evidence. However, human rights activists argue that the legislation is able to support, as well as create all the conditions for the debt to be returned.

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

a statement to the police about the fact of fraud;
trial;
world 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 with the use of collection services).

The most cruel and dangerous for both parties are the services of 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 contact such organizations that work 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. Consider ways to collect funds that are more efficient and also operate within the law.

At the moment of debt collection, 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 it, you can try to negotiate.

For example, to break the amount of debt for a certain amount of time. So returning 500 rubles a month is easier than 2000 immediately. If there is no confidence in the borrower, you can contact a notary (third party) who will document the agreement on paying the debt in installments.

Most the best option is an appeal to 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 pay 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. The document is valid after being certified by a notary, and can later be used in court as physical evidence.

If, on the contrary, a person is hiding, has changed his place of residence, or deliberately avoids contacts, then litigation is indispensable.

First of all, you need to try to negotiate on your own. This will not cause further discord in the relationship, nor will it damage the reputation of both parties. Law enforcement- this extreme case when the situation is really out of control, and requires the intervention of a third party.

Don't be afraid to stand up for your rights. Many people are ready to forgive a large amount of money to their debtor, just to avoid the situation coming out to the 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 non-payment of the debt is established by the court.

Contacting the police

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

Within a certain time, it will be considered, and the borrower will be called for interrogation, the result of which depends on the further course of action.

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

Usually, at the police station, the borrower is given to understand the seriousness of the situation, as well as the burden of the responsibility that awaits him in the event of a further refusal to collect the debt. If even after these convictions “things are still there”, then the court is engaged in further proceedings.

Statement of claim in court

Consider how to take money from a debtor without a receipt through the court.

If the amount is serious, and the borrower behaves in a boorish way, categorically refusing to return the money received on a loan, you can skip the previous paragraph, going straight to court.

It is desirable to support the court 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 collected, the faster the debt collection case will move forward. The facts that the borrower is quite capable of repaying the debt will not be superfluous. This may be evidence in the form of a certificate from the place of work on wages for the last 3 months, as well as a photo 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 giving back what you owe and even 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 going to court.

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

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

The presence or absence of evidence. If there is nothing to present in court, except for a lawsuit with the situation described, the probability of repaying the debt drops sharply to 12%.
The behavior of the borrower, as well as his denial or agreement to repay the debt. If a person is benevolent, 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 refund. If the fact of the loan is not recognized, the case may be closed due to the lack of corpus delicti and evidence.

In 2019, the number of fraud cases continues to grow in Russia. This is due to the fact that this type of crime very often goes unpunished. The fact is that the attacker himself does not admit his guilt, and the victims often simply do not know what to do. How to prove fraud and how difficult is it in practice?

According to article 159 of the Criminal Code of the Russian Federation, fraud is the deliberate theft of property or the acquisition of the right to it through deceit or breach of trust. In this case, the court must prove the intent of the accused. If a crime is committed by a group of persons, a preliminary conspiracy becomes a qualifying sign. For example, in real estate fraud, attackers act according to the following scheme: one finds a property and thinks over the organization of the crime, the second takes on the role of a realtor, and the third deals with the legal execution of the transaction.

Peace negotiations

Occupying large sums acquaintances, often people do not take receipts. Many even consider it indecent, because they are used to trusting their surroundings. However, later they often cannot get their money back, so a logical question arises: how to prove fraud without a receipt?

First of all, try to negotiate, because it will be difficult for the debtor to deny the fact of the transfer of money. He will probably ask for a delay - in this case, it will be possible to resolve the conflict peacefully. Lawyers also recommend trying to persuade the borrower to write a receipt stating that he agrees to pay the debt. This will ensure that he does not change his mind, otherwise the case will be referred to law enforcement.

However, in case the peace talks prove ineffective, a person needs to know how to prove intent to cheat, as this is a qualifying sign of a crime.

If the borrower is not hiding, communication with him can be fixed in three ways:

Audio recording of the conversation.
Video recording of the conversation in person.
Internet correspondence.

Audio and video evidence

One of the ways to prove the transfer of money in fraud is preparation of an audio or video recording of a conversation with a suspect, in which he directly says that he borrowed a certain amount, but so far has not returned it. The recording must be of good quality.

Before calling, there are a few things you need to do:

say the exact date and time of the call into the voice recorder or camera;
record incoming and outgoing phone numbers;
indicate the name of the phone owners and their addresses.

During the conversation, you need to voice the following points:

the amount of the debt;
date of transfer of money;
a demand to repay a debt;
the purpose of the loan.

When the conversation ends, you should record its duration and the exact time it ended. Then it is necessary to draw up a protocol, which is a transcript of the record describing all the details of the conversation with the debtor.

In a personal meeting with a suspect, you can use not only a voice recorder, but also ask someone you know to conduct covert video recording. Such evidence will be an added advantage in court.

Text evidence

In the 21st century in an efficient way how to prove fraud is text correspondence: by e-mail, in social networks or via sms. An important condition is to send messages from an account that is registered to the victim.

When the debtor responds to the message, the received text will need to be printed out along with the outgoing one and saved, so that later it can be used as evidence of the suspect's guilt. If during the trial the debtor begins to withdraw his words, the court will send to the Internet provider or social network inquiry about the reality of the provided correspondence. Additionally, you should insure yourself with witnesses who can confirm the fact of communication on the Internet between the victim and the accused.

Not a single person is immune from a collision with professional scammers. However, to protect yourself from risks, before transferring money, you must require a receipt from a person, as well as look at documents proving his identity, write down his phone number, car number, attract witnesses. In case of fraud, all this data will allow you to quickly prove the crime and receive compensation for damages.

Evidence of business fraud

If the question is how to prove fraud in the field entrepreneurial activity, it is important to understand that a more thorough investigation will be required. The beginning of the proceedings will be the declaration of the fact of the crime, since an incorrect interpretation of the actions or intentions of a businessman may lead to the appointment of a real prison sentence.

All financial and permissive documentation of the company will be subject to a thorough audit. From the point of view of the law, the unreasonableness of the financial obligations assumed, reflected in the accounting registers or agreements with partners and creditors, is the main evidence of a crime. Business leaders, by virtue of their official position, are familiar with financial statements and know whether the transactions they enter into are legitimate. By signing any documents, they are personally responsible for compliance with their terms and regulations.

First of all, the contract, the obligations under which have been violated, is checked. Specialists will analyze his legal competence and significant clarifications that can remove liability for non-performance of the contract in case of any reasons - for example, force majeure. These clarifications prove the fact of fraud, as they confirm that the businessman decided in advance not to fulfill the contract and secured himself.

If there are no violations in the contract, no signs of criminal intent are found in it, specialists check other significant conditions for the businessman to fulfill his duties, including:

authenticity of the license(if it was required for the execution of the contract);
availability of financial resources(in case of concluding a contract for the supply of goods, when it was sold out, but not paid for);
availability of the product itself or its delivery channel(if the goods are paid in advance, but not delivered).

If such circumstances are identified, criminal intent and the very fact of committing fraudulent acts will be easy to prove in court.

Contacting law enforcement agencies

Before contacting the law enforcement agencies, the lender must send the debtor an official letter demanding the return of the money. In this document, it is necessary to describe in detail all the details of the case. To prevent the debtor from claiming that he did not know anything about the letter, it is necessary to use a notification of the fact of its delivery.

If there is no response from the debtor the victim has to file a complaint with the police department. It must contain the following data:

all circumstances of the case;
date, time and place of transfer of money;
the exact details of the suspect (full name, passport details, date of birth, place of residence);
the amount of time that has passed since the scheduled repayment date;
Please check for crime.

Refusal to repay the debt falls under Article 159 of the Criminal Code of the Russian Federation - “Fraud”, since there is deceit or breach of trust on the part of the attacker. If the debtor repays the entire loan amount, at this stage it is possible to reconcile the parties and withdraw the application. Otherwise, the suspect will be called to the police station, where he will be interrogated in order to identify signs of a crime.

In the event that the debtor reports that he did not steal money and is going to return them in the future, it will be denied to initiate a criminal case. The police will issue an appropriate order to the applicant, which will be one of the main evidence in court.

Going to court

If it was not possible to recover the debt with the help of the police, the victim should learn how to prove fraud in court - this is the only remaining way to get his money back and punish the attacker.

In the application for the court, the defendant must indicate comprehensive information about himself: address of residence, place of work, marital status, average monthly income, contact details. It is also necessary to describe in detail all the circumstances that led to the formation of debt. Along with the claim, it is recommended to prepare application for attachment of the debtor's property. The applicant can independently send a request for a certificate of the defendant's property to the USRR, and then voice this data in court. In order for the petition to be granted, it is recommended to state the fear that the debtor is realizing the property before the completion of the trial in the case.

The success of the trial directly depends on the completeness of the evidence base. The victim will need to provide:

audio and video recordings of conversations with the suspect with protocols for their transcription;
certificates from the telecom operator about the owner of telephone numbers;
printouts of correspondence with the debtor on the Internet and / or sms, certified by a notary;
a written claim and a returned notice of delivery of a registered letter demanding repayment of the debt;
decision of the Department of Internal Affairs to refuse to initiate a criminal case.

Indirect evidence can be witness testimony, as well as information about the availability of the victim's money at the time of their transfer to the debtor and the debtor's expenses during the loan period.

In addition, the applicant must have a passport and a receipt for payment of the state fee, but he will be able to recover this money from the defendant if he wins the court. It is possible to apply for a deferment of the payment of state duty until the actual day of the consideration of the case. In this case, the costs will be borne by the losing party.

The answer to the question of whether it is difficult to prove the fact of fraud depends on the completeness of the evidence collected. If the lender has a receipt from the debtor, the court will be on his side. This is the main confirmation of the guilt of the suspect, who abused the creditor's trust and stole his funds. The situation is more complicated in the absence of a receipt. In this case, you need to try to persuade the person to peacefully resolve the issue and draw up this document. In case of refusal, increased attention will have to be paid to the collection of evidence. However, any lawsuit is time-consuming and lengthy, so before lending money, it is better to insure yourself in advance - find out more information about the person, require a receipt and involve witnesses.

Many suppliers and contractors are familiar with the problem of non-payments. It became especially acute when the notorious economic crisis broke out. For objective reasons, once reliable partners stopped paying their obligations. But at that time, most companies were in the position of their counterparties-debtors, especially since they verbally promised to pay off "as soon as possible." And even after a year or two, creditors, for various reasons, were in no hurry to go. Someone in the state did not have a lawyer, someone continued to hope for a voluntary return of money, because the debtor regularly paid for the current supplies. But at some point, the management of the creditor company gets bored that the buyer, in response to requests to repay the debt, feeds him "breakfasts". And it decides to collect the debt through the court.
But then it turns out that the three-year limitation period (Article 196 of the Civil Code of the Russian Federation) is about to expire or has already expired. The following rule may help. If the debtor, within this period, committed act of acknowledgment of debt, then the limitation period is interrupted and begins to flow again. The time elapsed so far new term does not count (Article 203 of the Civil Code of the Russian Federation). Accordingly, the period for collecting debts through the court increases. However, the legislation does not specify exactly what these actions are and under what circumstances they must be committed. We propose to deal with this issue.

"Confessional" actions

Ten years ago, the Supreme Arbitration Court of the Russian Federation and the Supreme Court of the Russian Federation, in a joint Resolution of the Plenums, provided an approximate list of such actions (Clause 20 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of November 12, 2001 N 15, Plenum of the Supreme Arbitration Court of the Russian Federation of November 15, 2001 N 18 (hereinafter - Resolution N 15/18 )). It is not exhaustive. Each specific action is evaluated by the court in conjunction with other evidence of the parties (Resolution of the FAS SZO dated February 15, 2010 in case N A21-672 / 2009). Let's see what's on the list.
Action 1. Partial payment by the debtor of the principal debt and (or) sanctions
With this, everything is clear. Suppose the limitation period for an obligation expires on June 9, 2011, and on May 30, 2011 the debtor repaid part of the debt. this obligation will begin to flow from May 31, 2011, and the last day of the term will be May 30, 2014. By the way, the debtor himself does not have to make a partial payment. With his consent, this can be done by someone else.
But there is one caveat. If the contract provided that payment under it is made in stages, in installments or in the form of periodic payments, then courts do not consider the specified action of the debtor as recognition of the remaining amount of the debt (Resolutions of the FAS ZSO dated March 30, 2011 in case N A03-10248 / 2010; FAS DVO dated December 13, 2010 N F03-8432 / 2010).
Note that if the debtor paid part of the principal debt exactly in the amount indicated in the creditor's claim, this does not mean that he recognizes the debt in full. Therefore, the court can say that the creditor has no grounds for interrupting the limitation period for collecting the remaining amount of the debt (Resolution of the FAS MO of December 22, 2010 N KG-A40 / 15969-10).

For reference
are not recognition of debt:
- the debtor's inaction, for example, when he does not respond to the claim, does not sign the reconciliation act, does not dispute the payment document on direct debiting of money (Clause 22 of Resolution No. 15/18);
- continuation between the debtor and the creditor of the relationship on other obligations (Resolution of the FAS ZSO dated 12/18/2006 N F04-8062 / 2006 (29083-A70-33)).

And further. Payment of principal in full is not proof that the debtor recognizes additional claims of the creditor(in particular, for the payment of a penalty, interest for the use of other people's funds), as well as claims for damages. Accordingly, the payment of the principal debt does not interrupt the limitation period for these claims (Clause 23 of Resolution No. 15/18).
Action 2. Payment of interest on the principal amount
This refers to a contractual penalty (Article 330 of the Civil Code of the Russian Federation) in the form of interest or interest for the use of other people's funds (Article 395 of the Civil Code of the Russian Federation).
Action 3. Making changes to the contract, from which it is clear that the debtor recognizes the debt
A striking example of such a change is the extension of the contractual term for the final payment. This action also includes a written debtor's request to change the contract(in particular, about deferral or installment payment).
Action 4. Recognition of a claim by a written response to it
One of the most common examples of recognition of a claim is a letter of guarantee from a debtor with a debt repayment schedule (Resolution of the FAS SKO dated 08.10.2010 in case N A63-1487 / 2009). The basis for the interruption of the limitation period is also the partial recognition by the debtor of the claim for the payment of the principal debt. For example, when in response to a claim for the payment of a debt of 100 thousand rubles. the debtor sends a letter agreeing to pay 50 thousand rubles.
Action 5. Acceptance of a collection order
Such instructions are used, in particular, when, by agreement between the payer and the payee, the payer has granted its servicing bank the right to debit funds from the account without its order (Articles 874, 875 of the Civil Code of the Russian Federation).

Actions behind the list

In addition to the above, the courts also regard as "confessional" actions:
- voluntary (that is, without a written claim from the creditor) sending by the debtor a letter of guarantee with a promise to pay (Resolutions of the Federal Antimonopoly Service of the Russian Federation of October 27, 2010 in case N A65-12950 / 2009; FAS UO of December 23, 2009 N F09-9403 / 09-C3) ;
- signing and sending by the debtor to the address of the creditor of the draft amicable agreement on repayment of the debt (Resolutions of the FAS SZO dated 19.03.2009 in case N A56-12901 / 2008; FAS PO dated 08.21.2007 in case N A12-800 / 06-C32);
- drawing up and signing by the parties of the act of reconciliation of settlements (Resolutions of the FAS VVO dated November 30, 2010 in case N A79-938 / 2010; FAS VSO dated April 14, 2010 in case N A58-4911 / 09);
- conclusion of agreements:
- on the set-off of counterclaims, where part of the debt under the disputed obligation was set off (Decree of the Presidium of the Supreme Arbitration Court of the Russian Federation of February 22, 2011 N 12572/10;
- on replacing the original obligation that existed between the parties earlier with another obligation (novation) (Article 414 of the Civil Code of the Russian Federation);
- on granting compensation in exchange for the performance of the contract (Article 409 of the Civil Code of the Russian Federation).
And what is remarkable: even if such agreements are subsequently declared invalid, the very fact of their signing by the debtor will still indicate recognition of the debt (Resolutions of the Presidium of the Supreme Arbitration Court of the Russian Federation of July 14, 2009 N 5286/09; FAS MO of July 30, 2010 N KG-A40 /6457-10), which means interrupting the limitation period.

Conditions for "confessional" actions

But in itself, the commission by the debtor of any of the above actions is not enough to interrupt the limitation period. Certain conditions must be met.
Condition 1. The action must be completed within the general statute of limitations.
For example, if 2 days before the expiration of the general limitation period, the debtor transfers part of the debt to you, then from this date the three-year limitation period will be counted again (Clause 19 of Resolution No. 15/18). If the transfer is made, for example, the next day after the expiration of the limitation period, this will no longer be considered an action that interrupts its course (Resolution of the FAS DVO of October 29, 2010 N F03-7578 / 2010).
Condition 2. The "appreciative" action must be performed directly in relation to the creditor
For example, it cannot be regarded as recognition of a debt and will not interrupt the limitation period by the fact that the debtor has reflected in its financial statements debt under a disputed obligation (Resolutions of the FAS MO dated March 26, 2009 N KG-A40 / 2032-09; FAS VVO dated March 16, 2007 in case N A79-4273 / 2006). After all, showing the debt in accounting, the debtor simply fulfilled the requirements of the Law (Clause 5, Article 8 of the Federal Law of November 21, 1996 N 129-FZ "On Accounting").
Condition 3. The completed action must point to a specific disputable obligation
So, in the act of reconciliation of settlements or a letter of guarantee, in particular, should be indicated:
- references to the document (contracts, invoices, waybills), which is the basis for the debt;
- a specific period of formation of debt.
Otherwise, the court will consider these actions inappropriate evidence of debt recognition (Resolutions of the FAS VVO dated April 26, 2010 in case N A31-3047 / 2009; FAS CO dated March 19, 2010 N F10-530 / 10). But if the debtor has only one monetary obligation to the creditor and there are no other relations between them, then the court may turn a blind eye to the lack of reference to specific documents (Resolutions of the Fourteenth AAC dated 03/24/2009 in case N A13-9998 / 2008; 2009 N 15AP-9844/2009).
Condition 4. The person who acknowledges the debt must have the right to act on behalf of the debtor
These powers may follow (Clause 21 of Decree N 15/18; Article 53 of the Civil Code of the Russian Federation):
(or) from the official (labor) duties of such a person, confirmed by an employment contract, job description etc.;
(or) from the power of attorney issued to him;
(or) from the environment in which the person acted. Thus, the court did not heed the following argument construction company- the debtor: invoices for the receipt of sand were signed by a foreman who did not have a power of attorney to sign them. Therefore, sand cannot be considered received. The court pointed out that in this situation "the powers of the foreman ... were evident from the situation in which he acted (at the construction of the shop ... of the compressor station)" (Resolution of the FAS SZO dated 06/24/2009 in case N A13-9998 / 2008 ).
The court may not regard as recognition of a debt an act of reconciliation or a response to a claim signed by the following persons who are not authorized to do so by an order or power of attorney from the head:
(or) chief accountant (Resolutions of the FAS MO dated February 26, 2010 N KG-A40 / 507-10; FAS ZSO dated July 22, 2009 N F04-4295 / 2009 (10770-A67-50)). There is an opinion that the reconciliation act signed by an unauthorized chief accountant is a technical document of an accounting nature, only confirming the amount of debt on a certain date (Resolution of the Federal Antimonopoly Service of the Far East of February 16, 2009 N F03-250 / 2009);
(or) Deputy Director (Resolution of the FAS MO of 05.04.2010 N KG-A40 / 2402-10);
(or) deputy commercial director (Resolution of the Federal Antimonopoly Service of 04.26.2010 in case N A65-15439 / 2009);
(or) the head of the legal department (Resolution of the FAS SKO dated December 7, 2006 N F08-5830 / 2006).
Thus, it makes sense for creditors who have received any "confessional" document from the debtor to ascertain the authority of the person who signed it before going to court. For example, ask for a copy of the power of attorney for the right to sign such documents. However, the safest option is when the document is signed directly by the head of the organization.

The statute of limitations can be interrupted any number of times and for any length of time. In one of the arbitration cases, the three-year statute of limitations on the demand for payment under the supply contract began in 1998. But due to the fact that the debtor recognized the debt three times, the period was interrupted three times and its end had to be already in 2007, that is, it amounted to 9 years ( Resolution of the Federal Antimonopoly Service of 21.08.2007 in case No. A12-800 / 06-C32).
Therefore, creditors who clearly understand that there is no longer a chance to collect the debt, it is better not to provoke the debtor to take actions to recognize the debt, so as not to interrupt the limitation period. Then they will at least be able to recognize his debt as bad and reduce the tax base for income tax on it (Clause 2, Article 266, Clause 2, Clause 2, Article 265 of the Tax Code of the Russian Federation; Letter of the Ministry of Finance of Russia of November 16, 2010 N 03-03- 06/1/725).
And vice versa, for someone who knows for sure that his counterparty has temporary financial difficulties, and still hopes to return his money someday, it makes sense, for example, to conduct reconciliations with him at least once a year.

Financial literacy, effective personal finance management

Receipt for the transfer (receipt) of money: how to draw up?

Today I will tell you how to make a receipt for the transfer (receipt) of money for what and in what cases it is necessary.

For a long time, the article Money in debt from a private person against receipt has been ranked second in the TOP of the most viewed and first in terms of the number of comments on the site, which indicates how much such operations are in demand. However, they are in demand among those who are looking for a solution to their financial problems in this, and in the vast majority of cases this is a completely wrong approach. It will also be short-sighted to lend money on receipt to a random person, and even to a good friend, if it is a large amount and the lender pursues a commercial interest (obtaining interest on the loan).

Why do I need a receipt for the transfer (receipt) of money?

However, there are situations in which it is inappropriate and incorrect to draw up a loan agreement: in this case, it is imperative to draw up a receipt for the transfer of money. Consider examples of such situations:

You transfer money as an advance payment for any goods / services that are promised to you in the future;
You transfer money as payment for something already received (for example, when making a purchase and sale of a car, real estate, etc.). In this case, in addition to the receipt, a sale and purchase agreement is drawn up, the receipt only confirms the fact of transfer / receipt of funds;
You lend a friend a small amount of money;
You transfer money to another person for safekeeping (for example, at the time of departure).

In a previous article, I wrote about how to repay a loan with a receipt and without a receipt, and so, a receipt gives much more significant leverage on a person, and there are much more chances to return funds if it is available than if it is absent.

So, I hope I have convinced you that a receipt for the transfer of money is a must. Now let's move on to how to compose it.

How to write a receipt for the transfer (receipt) of money? (Sample)

First you need to know what it actually is.

Receipt for receiving money is an official handwritten document confirming the transfer of a certain amount of money by one person to another person for a specific purpose on certain conditions, incl. regarding the return of this amount.

Please note: a receipt for the transfer of money is drawn up by hand, written by the person receiving the money, while it is an official document (the relevant provisions are enshrined in the Civil Code). Why by hand? So that there is no doubt that it was written by a specific person.

It is also very desirable that the execution of the receipt and the transfer of money take place in the presence of witnesses who, if necessary, can always confirm this. In particularly responsible cases, you can make a video recording of the preparation of the receipt and the transfer of money - this will also be good evidence in case of further litigation.

How to issue a receipt for receiving money?

We start with the title of the document. We write in the middle of the sheet "RECEPTION".
We indicate the parties to the operation, the passport data of each party and the fact of receiving money. I, full name, passport, registration, received from the full name, passport, registration, money ...
Indicate the amount received in numbers and words. In the amount of 10,000.00 rubles. (Ten thousand rubles 00 kopecks).
Specify the purpose of receiving funds. As an advance payment for a comprehensive renovation of apartment No. 10 at Moscow, st. Pushkina, d. 50 and for the purchase of building materials for these purposes. Or ... As a repayable cash loan.
Specify the obligation to repay the amount (if it is a loan). I guarantee the return of the amount received.
Specify payment obligations (if it is a loan). As well as payment for the amount received at the rate of 1% per day until the return of funds.
Specify the return period. By March 20, 2017.
We put the date of the receipt, full name and signature.
We indicate the full name and passport data of witnesses(if they are, they enter themselves with their own hands). Witness: full name, passport, registration, signature.

I draw your attention: the issuance of money at interest is carried out under a loan agreement, and not against a receipt, therefore, the indication in the receipt of receipt of money of obligations to pay for their use is of a formal nature, and in the event of litigation it may be declared illegal!

In addition, in many countries the issuance of private loans on a fee basis against a receipt is prohibited by law. In this case, the receipt indicates that the person immediately received and undertakes to return the amount, taking into account the interest for its use, without dividing it into the loan amount and interest.

Now you know how to write a receipt for the transfer (receipt) of money, and why it is necessary.

Stay tuned to Financial Genius - a site that will always help you improve your financial literacy. See you soon!

Is it possible, and how to return the debt without a receipt? How to withdraw your money?

How to return a debt without a receipt, if it so happened that the transfer of money is not documented? Is it possible at all, and if possible, how to make the debtor pay?

How to collect a debt without a receipt: what to do when there is no evidence?

Unfortunately, in life there are situations when one person lent another a certain amount of money, having discussed the terms of the return orally, and the parties did not consolidate their agreements in writing for one reason or another. And now there is no contract, no receipt, and the debtor is in no hurry to repay the debt. So is it possible how to pay back a debt without a receipt?

To begin with, it is worth trying to understand the motives of the debtor. If the debtor, for example, is in a difficult financial situation, then perhaps he really cannot repay the debt in a timely manner. In this case, you can try to talk with the debtor and convince him to still draw up an agreement or receipt, writing down all the agreements reached between the parties. If it is possible to draw up documents, then in the future it will be much easier to demand the return of the debt if the debtor still refuses to return it.

How to force the debtor to return the debt?

If possible, talk to family members of the debtor - perhaps they can influence him and convince him to return the debt.

If, by all indications, the debtor's plans do not include repayment of the debt, then it is worth acting by other methods. Despite the fact that the law prescribes the written execution of all transactions between citizens, the amount of which is more than 1000 rubles (Article 808 of the Civil Code of the Russian Federation), Art. 162 of the Civil Code of the Russian Federation contains a provision that, in the absence of a written registration of the transaction, one can refer to other evidence, with the exception of witness testimony.

How to get evidence of the transfer of money in debt?

If there is such evidence, then this is already good. And if they are not? Then you have to get them. If there is contact with the debtor, communication with him should be recorded. An important nuance there will be recognition by the debtor of the debt and its size, confirmation of the terms of repayment and other conditions. This recognition can be secured in various ways. technical means. Dictaphone recordings, email and SMS correspondence are suitable as evidence. The more evidence, the higher the chances of securing the return of the debt, since the court, when considering the case, will evaluate the evidence in the aggregate.

If evidence has been obtained, the next question arises. How can this evidence be documented?

Evidence in the form of SMS. If you have SMS correspondence, you can copy it, print it on a tangible medium and, in the presence of witnesses, draw up an act of familiarization with the contents of the correspondence. A more reliable option would be to have such correspondence certified by a notary. You can also contact relevant experts. In addition, you can additionally make requests to mobile operators to establish the fact of information transfer from one subscriber to another. True, even in the case when there is evidence of SMS correspondence, the debtor can state that the phone with his SIM card, from which SMS were sent, was not with him at that time. Therefore, as already noted, it is necessary to take care of several types of evidence.
Correspondence by e-mail. Correspondence by e-mail can also be certified both by a notary and by conducting an examination with the involvement of an appropriate expert.
Audio recording. If it was possible to obtain an audio (dictaphone) recording, then in this case, in accordance with Art. 77 Code of Civil Procedure of the Russian Federation, it is necessary to indicate the circumstances under which the recording was made (when, by whom, etc.). An audio transcript should be attached to the audio recording. If it is necessary to confirm the absence of traces of editing and voice ownership in the recording, then in this case you will have to resort to the help of experts.

Repayment of a debt without a receipt in the presence of evidence

Now, having evidence, you can first go to the police with a statement about initiating a criminal case on the fact of fraud. The Criminal Code of the Russian Federation understands this as embezzlement, including money, by deceit or breach of trust (Article 159). The procedure for filing and resolving applications is established by Order of the Ministry of Internal Affairs of the Russian Federation of August 29, 2014 No. 736. Based on the results of consideration of the application, the relevant official initiates a criminal case, or decides to refuse to initiate it. The decision to refuse to initiate a criminal case is sent to the applicant within 24 hours. If such a decision is made, the applicant has the right to appeal against it.

But even if there is such a refusal, the applicant has the right to file a claim against the debtor in court. Moreover, if the refusal is caused by the lack of information about the amount of the debt, but the fact of the debtor's guilt is established, this circumstance in civil proceedings can play the role of evidence. At the same time, it is no longer necessary to seek the initiation of a criminal case.

If a criminal case is nevertheless initiated, which is extremely rare, this greatly simplifies further actions. In accordance with Art. 44 of the Code of Criminal Procedure of the Russian Federation, within the framework of an initiated criminal case, a civil claim can be filed before the completion of the judicial investigation. In this case, the applicant in this case does not have to pay the state duty.

How to force a person to return a debt with the help of collectors?

At any stage of debt collection, you can contact the so-called collection agencies, which, for a certain fee, will contribute to the return of the debt. Despite popular belief about the illegal methods of such agencies, many of them operate within the law. The main tool, as a rule, is a properly constructed dialogue with elements of persuasion.

The legislator limits the activities of collectors only to a personal meeting ( telephone conversation) with the debtor or sending a mail notification to the latter. All other contacts are possible only with the written consent of the borrower. And even more so, it is not allowed to cause harm to a citizen or his property, regardless of the amount of the debt.

Thus, the return of a debt without a receipt is far from being an easy task, but in some cases it is necessary. Especially when it comes to large sums. The main thing is to use all possible resources, and then the chances of repaying the debt will increase significantly.

Top 7 mistakes when transferring money when buying an apartment

Metrium Group experts have compiled a rating of the most common mistakes when transferring money in the secondary housing market.

1. Transfer of money before or after registration of ownership

The transfer of funds is a mutual risk for both the buyer and the seller. Therefore, the buyer is interested in first getting an apartment, and then paying. The seller, on the other hand, wants to receive the money first, and then transfer the apartment. As a rule, the parties to the transaction in each case agree on when the transfer of money will take place. Typically, the party with the most interest in the contract bears the highest risk. However, there is a fairer scheme. When buying an apartment, use a safe deposit box for cash and an irrevocable letter of credit for non-cash. The bank intermediary will not allow the buyer to withdraw the funds before the title is registered, and will not transfer them to the seller if the registration fails.

2. Transfer of money without a receipt

A common mistake when paying for an apartment in the secondary market is paying without a receipt. Moreover, many buyers believe that the signing of the contract indicates the transfer of money, but the only way to prove the fact of payment is only a receipt from the seller on receipt of funds. Metrium Group specialists remind you that a receipt for the transfer of funds is completely written by hand and must necessarily contain the names of the contracting parties and their passport data (and the same data of witnesses in their presence), the price and description of the object, the date of the contract and the receipt itself. The receipt will help to avoid the simplest fraudulent trick, when attackers actually receive money, but then deny this fact.

3. Checking the authenticity and quantity of bills

The seller must check the banknotes for damage or forgery. Damaged banknotes can, of course, be replaced at the bank, but you will have to pay a commission for this. Still b about The biggest nuisance is receiving counterfeit banknotes from the buyer. To prevent counterfeit payment, you must use special means verification of their authenticity, which are, in particular, in notary offices or banks. There is also a risk of missing the declared amount, and this can happen both due to malicious intent, and due to simple inattention of the buyer. This can be avoided by using a bill counter, which is in the bank. Thus, to receive a large transaction amount, you need to be technically prepared and not rely only on your own attentiveness.

4. Unsafe place

A buyer who makes an appointment to transfer money in an unsafe place risks not only money, but also his own health and even life. Never conduct a transaction in deserted places, at home or at the seller. Relatively crowded places (restaurants, shopping centers) are also not suitable for transferring funds. Firstly, in the event of a robbery or theft, passers-by and security guards may not respond to the crime in a timely manner, and secondly, you may attract the attention of other intruders who will become accidental witnesses to the transfer of funds. With the owner of the apartment it is better to pay on neutral territory. It is best to conduct a transaction and transfer money in a bank, since lending institutions are usually well guarded. In addition, bank employees can become qualified witnesses to the transaction in the event of litigation.

5. Transferring money without witnesses

If for some reason the participants in the transaction have to transfer funds directly, without an intermediary in the person of a bank or a notary, the contracting parties should invite witnesses. In the event of a trial, they will be able to confirm the fact of the transfer of money, as well as clarify some details: the place and time of the transfer of money, the voluntary participation of the parties. There must be at least two witnesses. They are not only present, but also put their signatures on the receipt, otherwise the court may subsequently ignore their testimony.

6. Making a large advance payment

Often the seller requires a certain amount as an advance payment. The buyer risks if these funds are transferred to the owner of the apartment before the transaction is registered. In the vast majority of cases, the sale and purchase agreement is successfully registered, but this may not happen. If the sale was originally organized by scammers, then the buyer runs the risk of never seeing his deposit again. Therefore, the requirement of prepayment should be treated with great caution, especially if it makes up a significant part of the cost (about 50%). If the seller does not have any malicious intent, then the advance payment is considered rather as a symbolic proof of the seriousness of the buyer's intentions. As a rule, it does not exceed 5-10% of the apartment price.

7. Neglecting the help of professionals

To successfully close the transaction, you should involve professionals: a realtor, a lawyer, a notary, a bank employee. Firstly, they have sufficient experience to take into account all the formalities and be ready for force majeure. Secondly, in the event of litigation, they will be able to give qualified testimony in court. Thirdly, professionals are highly likely to recognize scammers.

Text: "Metrium Group"

Do not miss:

The articles do not constitute legal advice. Any recommendations are the private opinion of the authors and invited experts.

How to knock out a debt from a debtor without a receipt - legal ways to return money

Loaning money between citizens who have family or friendly ties is a common phenomenon. Therefore, few people spend time compiling documents confirming the transfer of funds.

When problems arise, people begin to wonder how to repay a debt without a receipt and witnesses. From a legal point of view, the case can be complicated.

Legal regulation

Before providing a cash loan, citizens should familiarize themselves with the norms of articles 161, 808-812 of the Civil Code of the Russian Federation. In accordance with these provisions, each fact of the transfer of money between people with the obligation of subsequent repayment is considered a loan agreement. The deal can be concluded orally. The parties are the lender and the borrower, the subject is the transfer of money.

Transactions, the amount of obligations for which exceeds 10 minimum wages, must be drawn up in writing. For example, if citizens transfer money in Moscow, then they are required to draw up a loan agreement in the amount of 187,420 rubles (the minimum wage in the capital is 18,742 rubles).

Refund methods

The problem arises when previously reached agreements are not respected. The creditor should start by holding peace talks. It is necessary to establish the reason for the violation of the terms of the transaction. Perhaps a person wants to return the funds, but due to temporary financial difficulties, he cannot do this on time.

If the Borrower agrees to such terms, the parties shall draw up a written schedule and adhere to it thereafter. Otherwise, you can require a receipt, where the debtor will indicate the amount and term of return.

It is always more profitable for the lender to provide an installment plan than to beat the debt from the debtor without a receipt.

You should not act through threats, violence, take possession of the borrower's property in order to force him to pay. People who knock out a debt from a person in this way become accused in criminal cases. Regardless of whether a loan agreement was previously concluded with the victim.

Transfer of debt to collectors

Collection organizations operating within the legal framework are unlikely to deal with such a case. It will not be possible to collect the debt by force, since there are no documents. It is impossible even to formalize the transfer of the right to claim funds. If a citizen wants to knock out a debt and turns to the appropriate organization, then he himself can become a defendant in a criminal case on extortion.

Only in some cases, collection companies agree to take the debt from a citizen if he does not give the money voluntarily. Specialists will be interested in a case that concerns several hundred thousand rubles. Employees of the organization influence the borrower through calls, mail notifications, personal meetings. Many begin to contact colleagues and friends of the debtor with a request to assist in the return of funds.

All conversations are recorded. Experts will ask how to collect the debt, in what terms the citizen is ready to pay off the obligations. Almost certainly, the debtor will recognize the fact of the conclusion of the loan agreement, but will ask for a delay, referring to life circumstances. Subsequently, such recordings can be used as evidence in court.

Application to the police

Some people who cannot collect a debt from a debtor turn to the police with a statement on the fact of fraudulent activities. The application is considered in a general manner, a survey of the prospective borrower is conducted to establish the purpose of obtaining funds and the procedure for their return.

Fraud will be recognized if the fact of obtaining money through deception is established. Some citizens indicate that the debtor intended to use the money received in a certain way, but acted differently. For example, a person claimed that he needed expensive treatment, but he bought a car.

Creditors expect to knock out the previously transferred money from the debtor by the threat of criminal prosecution. But the investigator will refuse to initiate proceedings on the described application. The case clearly shows signs of a civil law transaction.

If an interrogation of the borrower is carried out, then this may help to collect the debt in a court of general jurisdiction. Surely a citizen will not deny the existence of unfulfilled obligations to the creditor, but will point to an oral loan agreement.

How to prove the fact of debt

In court, it will be important for a citizen to establish the very fact of the transfer of money. Repayment of a debt without a receipt is complicated by the fact that citizens rarely have material evidence confirming the existence of a contractual relationship. Legal entities communicate by sending correspondence, but ordinary people negotiate by phone or in person.

If a citizen makes dictaphone recordings of negotiations or conducts video filming, then he must indicate when and under what circumstances the information is recorded. The recording should not be interrupted, otherwise the court will have doubts about its authenticity.

Before collecting the debt, the creditor writes messages to the counterparty in the transaction. For example, he specifies in what terms he is going to transfer the money. Or asks how you can get a debt. If the addressee does not deny the existence of the debt, asks for a deferred payment, then in the future this circumstance can be referred to as recognition of the conclusion of the contract.

The lender may refer to witness statements. Perhaps citizens have become eyewitnesses of the discussion between the debtor and the creditor of the timing of the return of money or interest for their use. This information can be used in court to confirm the fact of the transaction.

It is important to remember that the evidence in question is applicable only if the amount of the debt does not exceed 10 minimum wages. This provision is established in Articles 808 and 161 of the Civil Code of the Russian Federation.

Statement of claim

The following information must be provided in the application to the court:

name and address of the court;
Full name, address of the defendant;
FULL NAME. and place of residence of the applicant;
amount of claims;
description of the time, place and circumstances of the conclusion of the loan agreement;
the amount of the transferred amount, the condition of interest;
term and procedure for return;
links to evidence confirming the conclusion of the loan agreement
references to articles 807, 810, 811 of the Civil Code of the Russian Federation, 131 and 132 of the Code of Civil Procedure of the Russian Federation;
the requirement to recover the amount of debt, interest on the use of money;
signature, surname and initials of the applicant.

The application must be accompanied by a receipt of payment of the state fee. The amount is set depending on the amount of recovery on the basis of Article 333.19 of the Tax Code of the Russian Federation.

The majority of citizens who do not have much experience in litigation, when asked by the judge, provide information about the fact of the transaction.

The defendant may choose a passive behavior model. For example, to assert that the possibility of a loan was discussed with the applicant earlier, but the matter did not come to the transfer of money. What to do in such a situation? If there are no witnesses to the implementation of the agreement, there is no receipt and other evidence, then the court will refuse to satisfy the statement of claim.

If a person thinks in advance how he will repay the debt without a receipt, then the idea to draw up the necessary documents will come by itself. A paper with information about the parties, the date of compilation and the amount of the debt will greatly simplify the return of money in the future.

How to prove the fact of fraud?

In 2018, the number of fraud cases continues to grow in Russia. This is due to the fact that this type of crime very often goes unpunished. The fact is that the attacker himself does not admit his guilt, and the victims often simply do not know what to do. How to prove fraud and how difficult is it in practice?

Peace negotiations

Borrowing large sums to acquaintances, often people do not take receipts. Many even consider it indecent, because they are used to trusting their surroundings. However, later they often cannot get their money back, so a logical question arises: how to prove fraud without a receipt?

However, in case the peace talks prove ineffective, a person needs to know how to prove intent to cheat, as this is a qualifying sign of a crime.

If the borrower is not hiding, communication with him can be fixed in three ways:

Audio recording of the conversation.
Video recording of the conversation in person.
Internet correspondence.

Audio and video evidence

Before calling, there are a few things you need to do:

say the exact date and time of the call into the voice recorder or camera;
record incoming and outgoing phone numbers;
indicate the name of the phone owners and their addresses.

During the conversation, you need to voice the following points:

the amount of the debt;
date of transfer of money;
a demand to repay a debt;
the purpose of the loan.

In a personal meeting with a suspect, you can use not only a voice recorder, but also ask someone you know to conduct covert video recording. Such evidence will be an added advantage in court.

Text evidence

In the 21st century, in an effective way, how to prove the fact of fraud, is text correspondence: by e-mail, in social networks or via sms. An important condition is to send messages from an account that is registered to the victim.

When the debtor responds to the message, the received text will need to be printed out along with the outgoing one and saved, so that later it can be used as evidence of the suspect's guilt. If during the trial the debtor begins to withdraw his words, the court will send a request to the Internet provider or social network about the reality of the provided correspondence. Additionally, you should insure yourself with witnesses who can confirm the fact of communication on the Internet between the victim and the accused.

Evidence of business fraud

If the question is how to prove business fraud, it is important to understand that a more thorough investigation will be required. The beginning of the proceedings will be the declaration of the fact of the crime, since an incorrect interpretation of the actions or intentions of a businessman may lead to the appointment of a real prison sentence.

First of all, the contract, the obligations under which have been violated, is checked. Specialists will analyze his legal competence and significant clarifications that can remove liability for non-performance of the contract in case of any reasons - for example, force majeure. These clarifications prove the fact of fraud, as they confirm that the businessman decided in advance not to fulfill the contract and secured himself.

If there are no violations in the contract, no signs of criminal intent are found in it, specialists check other significant conditions for the businessman to fulfill his duties, including:

authenticity of the license(if it was required for the execution of the contract);
availability of financial resources(in case of concluding a contract for the supply of goods, when it was sold out, but not paid for);
availability of the product itself or its delivery channel(if the goods are paid in advance, but not delivered).

If such circumstances are identified, criminal intent and the very fact of committing fraudulent acts will be easy to prove in court.

Contacting law enforcement agencies

If there is no response from the debtor the victim has to file a complaint with the police department. It must contain the following data:

all circumstances of the case;
date, time and place of transfer of money;
the exact details of the suspect (full name, passport details, date of birth, place of residence);
the amount of time that has passed since the scheduled repayment date;
Please check for crime.

Refusal to repay the debt falls under Article 159 of the Criminal Code of the Russian Federation - “Fraud”, since there is deceit or breach of trust on the part of the attacker. If the debtor repays the entire loan amount, at this stage it is possible to reconcile the parties and withdraw the application. Otherwise, the suspect will be called to the police station, where he will be interrogated in order to identify signs of a crime.

Going to court

The success of the trial directly depends on the completeness of the evidence base. The victim will need to provide:

audio and video recordings of conversations with the suspect with protocols for their transcription;
certificates from the telecom operator about the owner of telephone numbers;
printouts of correspondence with the debtor on the Internet and / or sms, certified by a notary;
a written claim and a returned notice of delivery of a registered letter demanding repayment of the debt;
decision of the Department of Internal Affairs to refuse to initiate a criminal case.

In addition, the applicant must have a passport and a receipt for payment of the state fee, but he will be able to recover this money from the defendant if he wins the court. It is possible to apply for a deferment of the payment of state duty until the actual day of the consideration of the case. In this case, the costs will be borne by the losing party.

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