A claim for debt collection under a loan agreement

A loan agreement is one of the most common types of civil law agreements, which involves the transfer of a certain amount of money or property from one party to another on the terms of return. However, despite the simplicity of such an agreement, situations often arise when the debtor does not fulfill his obligations within the prescribed period.In a situation where the borrower does not return the funds on time, drawing up and sending a statement of claim to the court becomes a necessary step to restore justice.

General information

Firstly, it is worth noting that the proof of the agreement is a receipt confirming the transfer of funds. In the case of an oral form of contract, it is usually the only document that certifies such an obligation. At the same time, according to the CCU, the oral form of the contract is allowed only for amounts that do not exceed 10 NMDH. Thus, when it exceeds 170 hryvnias, the contract must be concluded in writing, even if the parties have exchanged receipts. Read more about how to collect arrears on a receipt here.

Debt collection in court

If the funds are not returned to you voluntarily, apply to the court with a claim for withdrawal of funds under the loan agreement. In order to further guarantee the execution of the court decision, we recommend taking measures to secure the claim, in particular by imposing a seizure on the property, you can read more here.

When applying to the court, it is necessary to observe the statute of limitations - 3 years. The beginning of its course, provided that the term is not established in the agreement, should be considered the presentation of a claim for the return of money, and not the moment of concluding the contract.

What should be stated in the statement of claim?

1. The name of the court to which the claim is filed.
2. Information about the plaintiff and the defendant.
3. The amount of the court fee and details for its payment.
4. Description of the circumstances under which the legal relationship between the parties arose.
5. The date of conclusion of the contract, its main conditions.
6. A detailed explanation of the borrower's breach of terms.
7. A debt that has not been paid.
8. Specifying the legal norms that confirm the claimant's rights to collect money.
9. A list of documents confirming the claimant's requirements (a copy of the loan agreement, calculations, correspondence with the defendant, receipts, acts of receipt and transfer of funds, etc.).
10. Specific claims (reimbursement of the amount owed, interest for using the loan, compensation for court costs).
11. A request to consider the case based on the available materials in case of non-appearance of the defendant.
12. Signature of the lender or his representative.
13. Date of submission of claim.

Importantly! Documents attached to the claim should be submitted in copies along with the originals for judicial review.

What problematic issues may arise?

• The agreement was not concluded in writing, it lacks the signatures of the parties.
• Lack of information on the transfer of funds (receipts, bank statements, receipts).
• The defendant's denial of the fact of receiving a loan or of repaying the debt in full or in part.
• Statement of invalidity of the contract.
• Incorrect establishment of court jurisdiction may lead to refusal to accept the application or to the delay of the procedure.
• Erroneous calculation of interest, interest, payments, etc.
• Failure to comply with the requirements regarding the prior notification of the borrower, if this is provided for by the contractual terms or legal provisions.
• Errors in documentation, incorrect identification of information, lack of necessary attachments to the claim.
• The defendant can file a counterclaim, for example, to declare the agreement invalid.

We will help you write a claim for debt collection

The lawyers of the company "Prikhodko and partners" provide professional assistance in the preparation and filing of a claim for debt recovery under a loan agreement. Our specialists offer the following services:

• Carrying out a detailed analysis, checking its compliance with current legislation and identifying potential risks.
• Review of all accompanying documentation and other important evidence.
• Professional writing of a claim taking into account the norms of the law and court practice.
• Formulating clear requirements for the borrower and justifying them in court.
• Assistance in calculating debt, including principal, interest and penalties.
• Protection of the client's interests during the trial, participation in meetings, negotiations for a possible peaceful settlement.
• Support at the stage of enforcement proceedings after receiving a positive decision, assistance in actual recovery.

The lawyers of "Prikhodko and Partners" provide comprehensive support for the process of returning your money and increase the chances of a successful resolution of the case. Do you still have questions? We are waiting for a preliminary consultation! To calculate the cost of services, fill out the form below.