Debt collection under the loan agreement

A loan agreement is a common way of lending money. However, there are cases when the borrower does not fulfill his obligations regarding the return of funds. In such situations, the lender has the right to collect the debt under the loan agreement.

Methods of debt collection

There are several ways to collect debt under a loan agreement:

1. Pre-trial settlement. The first step should always be to try to resolve the issue peacefully. This can be achieved by negotiating with the borrower, sending him a claim, etc.
2. Court order. If the pre-trial settlement did not yield results, the lender can apply to the court for the issuance of a court order. A court order is a simplified procedure for collecting an undisputed debt.
3. Court action. In more complex cases, when the borrower denies his debt or does not agree with the lender’s requirements, the latter must file a lawsuit with the court.
4. Enforcement. After receiving a court decision on debt collection, the lender has the right to apply to the executive service for its enforcement.

Documents required for debt collection

To collect debt under the loan agreement, the lender must have the following documents:

• A loan agreement. This is the main document that confirms the fact of lending funds.
• Receipt for receipt of funds. If such a receipt exists, it will be additional proof of the debt.
• Documents confirming the delay in the fulfillment of obligations. These can be notification letters sent to the borrower, recordings of telephone conversations, etc.
• Receipts for payment of state duty and court fees.

Important points in debt collection

1. Deadlines. It is necessary to apply to the court with a claim for collection of debt under the loan agreement within three years from the moment of delay in the fulfillment of obligations by the borrower.
2. Evidence base. The more documents and other evidence the lender has, the higher his chances of successful debt collection.
3. Legal assistance. Given the complexity of legal procedures related to debt collection, it is recommended to seek help from a qualified lawyer.

How can a law firm help you collect debt under a loan agreement?

Debt collection can be a difficult and stressful process, especially if you have no legal experience. Law firm “Prykhodko and company” can greatly facilitate this process and help you get the maximum result.

Assessment of the chances of success:

• Lawyers will analyze your loan agreement, receipts, other documents and the history of communication with the debtor.
• They will assess your chances of successful debt collection and develop an optimal action strategy.

Collection of documents and evidence:

• Specialists will help you collect all the necessary documents, such as the loan agreement, receipts, claim letters, payment receipts, etc.
• They can also help you find and get witnesses to confirm the fact that the funds have been provided and that the debt is owed.

Preparation and submission of documents to the court:

• Lawyers will draw up a statement of claim, collect the necessary package of documents and submit them to the court.
• They will also represent you at all court hearings.

Representation in court:

• Lawyers have knowledge and experience in conducting court cases related to debt collection.
• They will be able to competently and clearly argue your position and convince the court that you are right.

Obtaining a court decision:

• Lawyers will help you obtain a court decision to collect debt from the debtor.
• They will also ensure that the court decision is properly implemented.

Control of execution of the court decision:

• Lawyers can help you with the execution of a court decision through enforcement agencies.
• They can also take steps to enforce the debt, for example by seizing the debtor’s property.

Advantages of contacting a law firm

• Lawyers have knowledge and experience in conducting court cases related to debt collection.
• You don’t have to learn the legal intricacies yourself and spend time collecting documents.
• Lawyers will protect your rights and interests at all stages of the debt collection process.
• Contacting lawyers significantly increases your chances of successful debt collection.

Contact our law firm if you need help collecting debt under a loan agreement. By choosing us, you can be sure that your rights and interests will be reliably protected.

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