Statement of claim for reimbursement of funds. Drawing up a statement of claim to the court for the return of funds with examples

A statement of claim for the recovery of funds is a document submitted to the court of first instance, in which one party (the plaintiff) asks the court to recover money in his favor from the other side (the defendant).

We often have to face a situation when the debtor does not want to return the money voluntarily. In such cases, you have to do it. An acquaintance who borrowed a little before paycheck, a store that sold low-quality goods, an employer who did not pay salaries, and even a bank to which you recklessly entrusted money can be in debt.

How to file a complaint correctly?

When borrowed and do not pay back

Many people, when lending to friends and family, ask them to write. And they do it right, since a receipt in case of unforeseen circumstances will serve as proof of the reality of the debt when drawing up a statement of claim for recovery in court.

The document is needed not only for a court case. A person may, for example, die unexpectedly, and his heirs may not know how much and from whom he borrowed, and at what time a refund must be made.

In most cases, the court will satisfy the claim for the return of funds by receipt if it is executed correctly:

• complete data are indicated, yours and the debtor's - surname, name, patronymic, preferably the home address and passport data of the debtor;
• the receipt is handwritten and signed by the debtor (thus its author). It is, of course, faster to type on a computer, but in a disputable situation, the examination will not be able to accurately establish the identity of the writer by just one signature;
• the date of writing, the amount received (in figures and in words), the terms of the refund, including the amount of interest are indicated.

When the money is not returned by an unscrupulous seller

When buying a low-quality product, you have the right to make a return and demand money back. But sellers do not like to return money for goods. If you make a collection through the court, it is advisable to have written evidence that you offered the seller to return your funds voluntarily.

First, you should try to contact the Rospotrebnadzor body, which monitors compliance with consumer protection legislation.

When the bank is debtor

As a rule, you have to file a claim against the bank for the return of funds in two cases: the bank refused to return the money on the deposit, or the funds were unreasonably debited from your card account.

Please note that in the second case, you will have to prove that you have followed all the necessary precautions when handling the card, described in the agreement with the bank. That is, you did not store the PIN code with the card, if the card was lost, it was immediately blocked, etc.

How to properly file a claim for a refund

Make a free-form claim, since the form of a claim to the court for the recovery of funds is not legally approved. But there are some requirements for such documents.

The statement of claim must contain the following points:

1. A cap. It provides information about the plaintiff and the defendant (full name, addresses, contact numbers), the name of the court in which the claim is being considered.
2. The main part, which describes in detail the circumstances that prompted the filing of the claim, the claims of the plaintiff, the price of the claim is indicated, and the calculation is made. It is advisable to back up all the data with links to laws.
3. Final part. Provides additional information that can help in making a decision, and a list of attached documents. At the end, the signatures of the plaintiff and the defendant are put.

To file a claim correctly, you need to correctly and fully fill in all the information about the parties to the proceedings. A detailed description of the situation, supported by references to legislation, will help to make a decision faster. The attached evidence and a well-written petition will play a significant role in the consideration of the case.

And do not forget the receipt for the payment of the duty.

How to make a claim yourself

In your statement of claim:

1. Tell in detail how the situation began and developed, indicating dates, numbers and facts.
2. Describe what you did before the trial and why it was not possible to resolve the dispute without a trial.
3. Determine the price of your claim. The amount of money for collection is: losses, including lost profits, material damage, payment for work performed, etc.

Attach documents confirming your words - a receipt, contracts, pay slips, and so on. Anything you can find in your documents will come in handy.

Which court to apply to

If the amount you want to collect is not more than 50,000 rubles, submit. When the cost of the claim is higher, the application should be filed with the district court. As a general rule, the return of funds is filed at the place of residence or location of the defendant (if the debtor is an organization).

What documents to attach to the claim

We considered how to draw up a statement of claim to the court for the recovery of funds, and what to attach to a ready-made claim? These will be:

• an additional copy of the claim, which is transferred to the defendant;
• copy of the passport;
• calculation of the amount to be recovered;
• debt receipt;
• information statement for the defendant (USRLE, USRP);
• the cashier's check on which the collection is carried out;
• loan agreement;
• warranty card (if any);
• documents on the examination carried out and the decision made;
• a claim sent to the store (with a mark on the acceptance of the claim by the responsible employee or, if the claim was sent by mail, a notification of receipt);
• response to a claim;
• receipt of payment of state duty;
• other documents confirming your rights.

When filing a claim, collect as many documents as possible to prove that the plaintiff is right.

How much does it cost to file a claim to recover money

The duty is not paid by the buyer who files a claim against the unscrupulous seller. In all other cases, a receipt or check must be attached to the statement of claim.

The amount of the duty depends on the price of the claim - the amount for which the collection is drawn up, and ranges from 400 to 60,000 rubles. Calculate it yourself. - it's not difficult, we tell you in detail how to do it, give examples of calculations.

Details for paying the state duty, examples of claims to the court on monetary issues can be found at the information stand in the courtroom or on the website.

Limitation period

The limitation period is the period during which you can file a claim in court. It is three years from the moment the person learned:

• about the fact of violation of his rights;
• about a citizen whose actions or omissions have led to a violation of rights.

Sometimes a different limitation period is determined - a special one, it is established for specific cases. But he is not entitled more than 10 years from the moment when the rights of a citizen were violated and the citizen found out about it ().

When the employer does not pay money

According to the law, a delay in wages for more than 15 days is the basis for the termination of employment until the day the wages are issued (). But you cannot stop working without warning the employer. Pre-write a statement on the suspension of activities. If it was not possible to agree, contact the labor inspectorate. When checking, the employer will be fined up to 50,000 rubles or, in especially difficult cases, he will be brought to criminal liability.

If this step did not work, contact the prosecutor's office and the court. But keep in mind that the proceedings can take months.

In this case, a free-form application is drawn up, which indicates the appeal to the labor inspectorate. The document is drawn up in the traditional form, indicating the fact of work in the organization, the amount of debt, measures taken in connection with non-payment of wages. The attached documents will be:

• the plaintiff's passport (or copies of the passports of all plaintiffs in a class action lawsuit);
• work books, contracts, orders for employment;
• documents confirming non-payment of wages.

The limitation period in this case is only 3 months.

Summing up

Whoever tries to misappropriate your money - a neighbor in a garage or a relative, a bank or a retail outlet - a citizen always has the right to go to court with a statement of claim to recover his finances. A correctly filled receipt, compliance with the terms of contracts and out-of-court settlement will help you maximize your chances of getting your money back.

Almost all civil and arbitration cases are in one way or another connected with the collection of funds, therefore, the corresponding statement of claim is most common in judicial practice. About what sample exists today, as well as how to fill it out correctly in different situations - right now.

There can be a lot of grounds for one party to transfer a certain amount to the other (forfeit due to non-performance of the contract, alimony, and many others). Nevertheless, the sections of the statement of claim, its general form will not change from this. The document must include the following items:

1. Full name of the judicial authority in which the case is being conducted at the moment.
2. Details of all parties (plaintiff, defendant and possibly third parties): name, address and contact details.
3. The cost of the claim - i.e. the full amount in relation to which the dispute is going on: all expenses that the plaintiff intends to recover from the defendant, including legal costs, are taken into account.
4. The narrative is the largest and most important section. Here it is formulated, on the basis of which the plaintiff asks for the recovery of funds; also in this part of the statement of claim there may be references to the legislation that serves as the basis for the claims. Here it is necessary to indicate how the plaintiff interacted with the defendant: what proposals were made to solve the problem, the defendant evaded or not, etc.
5. The petitional part - here briefly, literally in 1-2 sentences (if necessary, by listing the points) the plaintiff indicates what exactly he is asking the court for. The most common wording is “Collect ____ rubles”. Also in this part, the entire amount of the claim is indicated.
6. The section "Appendix" provides an inventory of all documents that are attached to the claim as evidence, as well as a document certifying the fact of payment of the state fee. Provides a list of documents and an indication of their type (copy or original).
7. Date and signature with decryption.

NOTE. References to legislation are optional and are provided in order to give the application a legally correct form. Basically, it is important to correctly formulate your requirements and the grounds for them (i.e. which one of the contracts was often violated, etc.).

Types of claims

Depending on what kind of contract was violated (or the rule of law, if the contract was not concluded), there are several types of a statement of claim, in which a party asks to recover funds from the defendant:

• wages and compensation due to the fact that it was not paid on time (in full or in part) or not paid at all;
• alimony from a father or mother for a child;
• debt, as well as interest, penalties, other penalties in connection with a breach of obligations by the debtor under the loan agreement;
• collection of funds in connection with violations of consumer rights;
• forfeit under any civil contract (for example, late payment of payments for renting an apartment or renting a commercial space);
• collection of funds in connection with illegal (unjustified) enrichment - those cases are considered in which a party received from another funds or property unreasonably (by misleading or acting without an appropriate agreement, etc.).

Each of these types of statement of claim assumes its own grounds for collecting funds, which explains some of the features of its preparation. Nevertheless, sections of the document (descriptive, pleading, etc.) remain the same.

Claim for the recovery of wages

The legislation provides the following guarantees regarding wages:

• it cannot be lower than the minimum wage (from July 1, 2017, 7800 rubles);
• it must be paid strictly on the set days and not later;
• if these days fall on weekends or holidays, the employer can (but is not obliged) to pay the amount on the next working day (Friday), but no later than the due date.

The amount of wages is always prescribed in the employment contract and is considered an essential condition of it. This means that without reflecting a specific amount in the agreement itself, it is considered legally invalid.

Thus, in the event of any of these violations, a citizen can apply to the court with the following requirements:

• immediate repayment of all wage arrears;
• compensation for legal costs associated with going to court;
• compensation for material damage related to late payment or non-payment (for example, the accrual of penalty interest on an overdue loan);
• compensation for moral damage;
• compensation for damage to health (for example, a citizen has planned a paid operation that did not take place due to non-payment of wages).

All facts of damage must be proved by the employee himself. To claim for payment of wages, it is enough just to bring an employment contract, copies of a work book and an extract from the bank account to which the salary is received.

A sample statement of claim, in which an employee asks to recover money due to the fact that the salary was not paid in full, as well as for delayed payment, is presented below.

There are the greatest restrictions on the terms of going to court (limitation period) in cases related to labor legal relations. For example, you must apply for a salary no later than 3 months from the date of dismissal. You can read more about this here.

A claim for the recovery of alimony

Several parties can file such a claim:

• the interested parent itself;
• guardian;
• representatives of the guardianship and guardianship authorities;
• representatives of the local administration (structures related to the protection of children's rights).

Of course, in the most common case, an application for the recovery of funds in payment of alimony is submitted by the mother or father. In this case, it is necessary to simultaneously observe two conditions:

1. An interested parent lives with the child and is not deprived of rights to it.
2. There is no or insufficient material assistance from the other parent.

It does not matter whether the parents are married, divorced, or even did not enter into it, living in a so-called civil marriage. Such cases are considered very quickly due to their prevalence and the presence of a large court practice. A small amount of documents will be required:

• your passport;
• birth certificate of a child;
• marriage certificate - if available;
• guardianship document - for guardians only.

In addition, it will be correct to attach documents proving the financial situation of the parent living with the child and supporting him, because in this case the court will more accurately calculate the state duty, which will subsequently also be charged from the defendant.

A sample statement of claim for the recovery of alimony, compensation and other funds looks like this.

NOTE. If one parent was included in the birth certificate involuntarily (at the request of the other parent) or not, you will first need to prove paternity / maternity. Accordingly, in this case, the sample of the statement of claim will look different.

Debt collection claim

If a loan agreement was concluded between the parties, then its violation entails not only full payment under the agreement (principal and interest), but also penalties provided for in the agreement. Usually, such cases are dealt with very quickly, because there is an obvious fact of the concluded contract. The exception is 2 cases:

1. The defendant claims that the signature is forged. In this case, the court may oblige the plaintiff to provide additional evidence. Usually a handwriting examination is appointed, and the defendant runs the risk that subsequently all the expenses associated with its conduct will have to be compensated for.
2. The defendant cannot fulfill his financial obligations due to the difficult situation. In this case, the issue can be resolved by collecting funds through the sale of property. And if the amount of debt exceeds 500,000 rubles, and delays in payments last more than 3 months, you can raise the question of forcibly declaring the defendant bankrupt. More details can be found here.

A sample statement of claim for the recovery of funds in connection with non-payment of debt and interest, as well as penalties, is presented below.

A claim for the recovery of a forfeit

One of the main ways of guaranteeing the fulfillment of an obligation is a penalty, which must always be provided for in a civil contract. This section is essential in the contract, therefore, without it, the agreement is not legally valid. The sample application is quite simple.

Unjust enrichment claim

Unjust enrichment is the acquisition of certain benefits, property, funds on illegal grounds, for example:

• receipt of funds (transfer) by a namesake;
• receipt of the goods by another person (as opposed to the one specified in the invoice);
• double payment for goods;
• errors in the issuance of property or funds to an outsider and many others.

A detailed description in the legislation is given in Chapter 60 of the Civil Code. As a rule, such cases are dealt with rather quickly if exhaustive evidence is provided. Moreover, in certain cases, funds and property are not subject to return (they are described in article 1109 of the Civil Code).

A statement of claim, in which the plaintiff can ask not only for the recovery of funds, but also for the corresponding damage, can be drawn up according to this model.

There are a very large number of grounds for claims in the sphere of relations between the buyer and the seller (low-quality goods, incomplete set, incorrect service, etc.). In the petitionary part of the statement of claim, the buyer may demand various options for resolving the situation (along with the recovery of funds as compensation for damage):

• exchange of goods for the same or approximately corresponding in function;
• decrease in the price of goods;
• full refund of the amount instead of the goods;
• elimination of product defects at the expense of the seller.

In more detail about these grounds, as well as about the most common questions of buyers who find themselves in a situation of violation of their rights, you can

When drawing up an application, you can use this sample.

Cash has become an integral part of many relationships. They are used to pay for goods, services, when providing loans and in many other transactions.

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But, not always both parties fulfill their obligations under the contract in good faith. Sometimes you have to demand a refund and if the issue cannot be resolved with the help of a claim, then you need to file a corresponding claim in court.

Highlights

Most transactions, in one way or another, are related to money, therefore, claims for a refund are found in many claims.

Each transaction has its own characteristics and is governed by various regulatory legal acts.

It is one thing if there is a debt collection under a loan agreement, and quite another if the buyer, acting as a plaintiff, demands to return money for goods of inadequate quality.

A dispute about the return of funds can arise between citizens, between organizations (entrepreneurs).

A situation is also possible when one party to the transaction is a legal entity, and the other is an individual.

At first glance, it may seem that it is quite simple to draw up a claim for the return of funds, because a fairly rich judicial practice has been accumulated on this issue.

But the need to take into account the specifics of a particular type of transaction sometimes leads to the fact that it is not so easy to prepare a claim.

Which court to submit

If the plaintiff has incorrectly determined the jurisdiction and jurisdiction when filing a claim, then it will be returned. In any case, the court will not consider a case beyond its jurisdiction.

The plaintiff, of course, will retain the right to submit an application to the proper court, but this is still an unnecessary waste of time.

Let's take a look at the steps to follow to determine which court should be filed with:

When determining jurisdiction, attention should be paid to whether the transaction is related to entrepreneurial and other economic activities. If so, then you should go to the arbitration court.

The correct choice of a court of general jurisdiction depends on the price of the claim. If the amount of the claim is less than 50 thousand rubles, then it must be filed with a magistrate.

Provided that the amount of claims is greater, it is necessary to immediately apply to the district (city) court.

Table. Determination of jurisdiction.

Another important point is the definition of territorial jurisdiction. As a general rule, the application must be submitted at the place of residence (location) of the defendant.

But there are separate categories of claims for which special rules apply.

For example, a claimant may file a consumer protection claim at his place of residence. The parties can also establish in the agreement the consideration of disputes in a specific court.

Pre-trial measures to resolve the issue

Before you write a statement of claim to the court for the return of funds, it is recommended to take measures for the pre-trial settlement of the dispute.

If the case is being considered in an arbitration court, then compliance with this procedure is a mandatory requirement for the consideration of the claim, in other cases it is often just a desirable condition.

Pre-trial settlement of the dispute consists in sending to the defendant's address with an indication of the requirements for the return of a specific amount and the attachment of the necessary documents.

If there was no response to the claim or a refusal was received, then you can prepare and file a claim in court. A sample refund claim can be downloaded.

Important! The claim must either be personally handed over to the defendant against signature or sent by registered mail with acknowledgment of receipt. Otherwise, it will not be possible to prove the fact of sending a claim.

Video: how to file a lawsuit for debt collection

Claim for the return of funds

A statement of claim must necessarily take into account the terms of a particular transaction and its type.

It should also describe in a logical sequence all the circumstances that led to the need to demand a refund through the court.

The court itself, when making a decision, will determine which legal norms should be applied in a particular case.

For an unfulfilled contract

Many contracts require prepayment by the buyer or customer. But the other party does not always act in good faith and fulfill its obligations.

In this case, you should contact her with a demand, return the funds with the help of a claim, and if this did not bring any result, go to court.

For example, if the contractor took an advance payment, but for some reason did not begin to perform the work and refuses to return the funds already paid, then the customer will be forced to file a claim for the return of funds for the services not rendered.

Poor quality product

If the seller or supplier handed over to the buyer a low-quality product, then the latter has the opportunity to demand a refund of the amount paid for it.

If the buyer is an individual, then in this case the norms of the Federal Law "On Protection of Consumer Rights" should be applied.

In accordance with them, the plaintiff has the opportunity to demand not only the return of the amount paid, but also a forfeit, as well as to ask the court to collect a fine from the defendant for refusing to settle the dispute out of court.

Another feature of claims to which the provisions of the Federal Law "On Protection of Consumer Rights" are applicable is the ability to file an application not at the location of the defendant, but at the place of residence of the plaintiff.

In this case, the plaintiff can choose the court where the application will be filed.

We draw up a sample application

In some situations, it is quite difficult to draw up a statement without the help of professional lawyers, because you need to take into account the nuances of a particular transaction.

At the beginning of the claim, the details of the parties to the transaction and the court where the application will be sent must be given. A sample of the statement of claim for the recovery of funds can be downloaded.

After the name of the document in the motivation part, the following should be given:

The petitional part must contain the specific requirements of the plaintiff. The application must end with a list of applications, the signature of the plaintiff and the date of its filing.

Evidence base

It is the plaintiff's responsibility to collect the evidence base for his claims.

It is advisable to confirm all the facts and circumstances given in the motivation part with documents.

Consider what can be presented in court as evidence:

• agreements between the parties;
• receipts;
• checks, consignment notes, acts of transfer acceptance;
• other documents confirming the existence of grounds for filing claims against the defendant.

How to submit claims

A claim is usually filed in writing through the court office or at a personal reception of the judge (assistant judge).

It is also allowed to submit an application by mail, but in this case it will take time to deliver the correspondence, and sometimes the mail may even lose the letter.

Many courts now allow filing an application through an electronic service. But this is possible only if a particular court has the technical capability.

You can clarify this point on the official website of the court to which it is planned to file a statement of claim.

After receiving the application, within 5 days, it will be checked for compliance with formal criteria.

If everything is normal, then a decision will be made on the acceptance of the claim and the proceedings will begin in the case.

If there are errors and inaccuracies, the application can be returned to the plaintiff or left without movement.

The court may also refuse to accept an application if there is already a decision on an identical case or it is currently being considered.

Execution of the decision

After considering the case, the court makes a decision that is binding. But in practice, often the defendant, even in this case, is not going to return the money.

The plaintiff has no choice but to go to court and receive a writ of execution.

On the basis of it, bailiffs will begin enforcement proceedings and will try to recover funds from the debtor, including at the expense of the property belonging to him.

The statistics of litigation showed that most often claims for the return of funds are filed. Litigation with monetary claims cover almost all types of legal relationships, from refunding money for purchased goods and ending with the recovery of compensation for moral damage.

Statement of claim to the court for the return of funds sample

The basic pattern of writing a statement of claim to the court for the return of funds is the same for many cases. It can be filled in both by individuals: for tickets and a voucher that were not used for a number of reasons, for shoes, furniture and other goods that are unsuitable in quality or size, for a poor-quality telephone, for money improperly written off by the bank, for an unpaid debt on receipt.

A statement of claim to the court for the return of funds, a sample can be downloaded

So it is on behalf of a bank, supplier and other organizations - for unpaid money issued under a loan agreement, for unpaid delivery of goods under a sale and purchase agreement, for damage caused to the production activities of companies. The lawsuit template can be viewed on almost every legal site.

On the same sites, you can download a sample claim form, an example of filling it out and, if necessary, order the service of professional lawyers to fill a claim based on a specific situation. A detailed procedure for the formation and filing of documents of claim is set out in the procedural code.

How to compose?

The claim for the return of money is formed in writing and must consist of five main parts.

First part. Indicates information about the court area, the plaintiff and the defendant, and the final price of the claim.

Second part. It is the largest, since here the claim situation must be described in detail, indicating the required dates, amounts, addresses, supporting documents and persons involved.

The third part. Beginning with the word "I ask:" a specific request is stated, indicating the full name of the defendant and the amount claimed.

Fourth part. In the form of a numbered list, all supporting documents related to the statement of claim are listed, including a copy of the claim with confirmation of its receipt by the defendant and a document on the paid state duty. When a claim is filed by a representative of the plaintiff, a power of attorney must be attached to the representative.

Fifth part... In the final part, the plaintiff or his representative must affix the date of drawing up the claim and his signature.

Why do I need a writing pattern?

A properly executed claim that adheres to the basic structure is more likely to be accepted for further review by the judiciary. If the claim is drawn up in an arbitrary format and in its content there is no clear description of the purpose of the appeal or there are not enough supporting documents, then two options are possible: return for revision within a certain number of days, or refusal to accept.

How to write a statement of claim to the court for a refund?

It is recommended to apply to the judicial authorities and file a claim when a pre-trial contractual procedure for repaying a debt or reimbursement of a forfeit is no longer possible, due to the fact that for any submission of a demanding document to the judicial services, the plaintiff must pay a state duty. The costs incurred will be reimbursed by the defendant, but on condition that this claim will be additionally indicated in the claim and a court decision on it will be made in favor of the plaintiff.

To the magistrate's court, to the district

Depending on the amount of the exacting document, it is decided where to submit it. If the collection price is less than fifty rubles, then you need to apply to the world judicial department, if more, then the documents are sent to the district court.

Most often, citizens of the Russian Federation have to go to the magistrate's court. Each city or district can contain up to ten or more world parcels. Therefore, most plaintiffs have a question: "Where do you need to submit monetary claims?"

How to submit?

Claims in civil cases are accepted in the courts of law at the place of residence of the person filing the claim, i.e. the plaintiff. If the defendant under the exacting document is a legal entity, then the documents are submitted to the judicial department at the address of the defendant's registration. The defendant's address can be clarified from his official data, or from the contract under which the recovery is filed. The main condition: a lawsuit should be filed only after the defendant receives a duplicate of it.

How to make a statement of claim to the court for the return of funds?

Claims for the satisfaction of claims on behalf of organizations must be sent to the arbitration court, unless otherwise provided in the terms of the contract under which the judicial penalty is imposed. For example, in the loan agreements of Sberbank it is indicated that all claims are submitted only to the Arbitration Court.

Under the contract for the funeral

Everyone has the right to receive compensation for the burial of a deceased relative. To receive reimbursement of expenses under the contract for funeral events, you must submit an application to the social or pension insurance authorities, or to the social security service.

Unfortunately, sometimes by lending money to your friends or partners, you may be faced with the impossibility of returning your money within the promised period. What remedies can you use in such a case? How to return your funds without breaking, at the same time, friendships or partnerships?

Our lawyers will be able to provide answers to these and other questions related to the procedure for refunding money through the court. In order to receive advice from highly qualified lawyers, you do not need to leave your home or office!

It is enough just to enter your question in a special chat window posted on our page, and our legal advisers will advise you:

• on judicial practice in 2014 related to the consideration of a claim for the return of funds in the presence of a receipt;
• on how to correctly draw up a statement of claim with a requirement to return the money in the presence of a written receipt;
• where to download a sample receipt;
• where is it better to download an example and how to correctly write a statement of claim for a refund;
• how to get your money back in pre-trial order.

As of 2014, the court practice on the consideration of claims related to the return of funds in the presence of a receipt showed very positive trends. Most often, the court is inclined to satisfy the plaintiff's statement of claim, if among the evidence in the case there is a receipt of the second party drawn up according to the correct model, as well as there are no other significant circumstances (for example, a counterclaim from the debtor) related with this case.

In the absence of a receipt drawn up on the basis of the correct sample, the trial may be delayed. Of course, if the debtor does not deny either the existence of a debt or the amount of such debt, then, most likely, the court ruled in the direction of the plaintiff. But in case of denial of the debt or the amount on the part of the debtor and the absence of other evidence, the judge will be forced to either reject the claim or request additional evidence from the parties.

How to properly draw up a statement of claim

The sample of the statement of claim is approved by the current legislation of the Russian Federation. Depending on the circumstances of a particular proceeding, the statement of claim must contain the following information:

• the name of the court that will conduct the proceedings. The court instance must be determined by the plaintiff in accordance with the rules of jurisdiction in force on the territory of the Russian Federation;
• the plaintiff's data and all the necessary information about the defendant;
• a detailed description of the circumstances of the case;
• the amount of the debt, as well as penalties calculated in accordance with the provisions of the regulations of Russia;
• information on actions taken by the parties with the aim of pre-trial settlement of the conflict;
• a list of documents that are attached to the sample statement of claim.

As the court practice for 2014 shows, not all plaintiffs manage to draw up a correct claim demanding the return of money by receipt through the court. Failure to comply with the claim form is a fairly frequent reason for refusing to conduct proceedings in court. For this reason, it is better not to risk it and entrust the writing of a claim to professionals.

Receipt form

In order to have an undeniable right to defend your interests in court, when borrowing money, it is better to ask the debtor to write you a receipt. The presence of this document can play into your hands if the person to whom you are lending money changes his mind about giving it to you.

The most ideal situation for collecting funds through the court is the presence of a notarized receipt from the debtor. If there is such evidence, the defendant will not be able to challenge the authenticity of his signature on the document and it will be much easier for you to collect the borrowed funds through the court.

But if you do not have the opportunity to draw up a notarized document, then it is worth considering that the following information must be indicated in the receipt:

• lender's contact details;
• information about the debtor;
• the amount of debt (preferably both in numbers and in words);
• refund period.

By attaching a copy of the receipt for your claim, you will significantly increase your chances of a quick and hassle-free trial.

Pre-trial settlement of the conflict

Of course, it will be much faster and more effective for both parties to the conflict to resolve the issue out of court. For example, the parties can agree on a debt restructuring, partial repayment or replacement of a monetary obligation with something else (for example, land, real estate, car, etc.).

But this option will have a positive effect only if both parties to the conflict recognize the fact of the existence of an obligation, the amount of debt, as well as if both the creditor and the debtor are ready for a mutually beneficial dialogue aimed at fulfilling the obligation.

Execution of a court decision

If the pre-trial settlement of the conflict is impossible for some reason, then the creditor has no choice but to file a claim for the collection of funds through the court.

In this case, it is important to remember not only the timing and procedure for filing a claim for a refund through the court, but also that the decision that the court will make will need to be implemented. Unfortunately, the debtor does not always fulfill the court order to satisfy the creditor's claim for the return of funds immediately. Most often, the plaintiff is forced to apply to the executive service to enforce the decision at the request of the creditor (through the forced sale of property, arrest of bank accounts, etc.).

But, it should be noted that sometimes the execution of the decision takes a very long period of time.

That is why the parties should still try to resolve the conflict out of court. And only if a friendly settlement of the dispute is absolutely impossible, it is worth seeking the truth through the court. And remember that for advice on any issue regarding debt collection from a debtor, you can contact our legal advisers at any time of the day or night.