How to collect debts from a company
Video: How to Get Out of Business Debt 2024, July
If a third-party company owes money or violates the contract and caused losses, you have the right to demand compensation. Unfortunately, not everyone is ready to pay debts. To achieve this goal, follow a certain plan, this will significantly increase the chances of success.
Instruction manual
1
Contact the management of the company and talk about the existing debt. Although this step alone is unlikely to result in the payment of a debt, it will let you know what position the debtor has in relation to the voluntary performance of obligations, and you can quickly determine your further actions.
2
If a contract is concluded between you and the debtor company that provides for the pre-trial procedure for the settlement of the dispute, file a claim. A mandatory claim procedure may be provided not only by contract, but also by law for certain types of obligations.
3
When making a claim, justify the amount owed by a detailed calculation. If it is simple and not bulky, you can include it in the text of the claim. Otherwise, issue the calculation as a separate document as an appendix.
4
If the deadline for responding to a claim is not established by law or contract, set it yourself. Write that after this period you will have to go to court.
5
Hand in the claim personally against the signature of the authorized representative of the debtor company or send by registered mail with a notification and a description of the attachment to the registered address.
6
If a negative response is received to the complaint or if no response was received from the debtor company, please file a lawsuit in court. To do this, collect all the necessary evidence, make a statement of claim, pay the state fee in the amount established by chapter 25.3 of the Tax Code of the Russian Federation.
7
After receiving a court decision in your favor, closely interact with bailiffs, monitor how fully they take measures to find the property and money of the debtor to pay off the debt.
8
If bailiffs tell you that the debtor does not have funds to cover the amount awarded to you, try to sell the debt to a collection agency - this will return at least part of the money owed to you.
note
If the debt arose in connection with a business or other economic activity, the case is authorized to be considered by the arbitration court. Otherwise, a court of general jurisdiction.
