Response to the claim for debt collection by receipt

What is a receipt?

A receipt is written evidence of a loan between individuals. It contains information about the amount of the loan, the interest rate (if interest is payable), the terms of its repayment, as well as the signatures of the parties confirming their agreement with the terms of the agreement. This document reflects the debtor’s obligation to return a certain amount of money to the borrower within a specified period of time. Such a receipt can be used as a legal document in the event of the need to resolve disputed issues or ensure mutual understanding between the parties to the agreement.

In order to provide a receipt of legal force, it is desirable to indicate the full passport data of both parties: surname, first name, patronymic, passport series and number, by whom and when issued, place of residence. This will allow further identification of the persons who signed the loan agreement.

Rights of the creditor in case of violation of the terms of the loan receipt

If the borrower does not return the debt within the period specified in the receipt, the creditor has the legal right to apply to the court for debt recovery. Along with the claim, the creditor submits the original receipt or its notarized copy as proof of the existence of the loan and the terms of its return. This allows the court to resolve disputed issues and compensate the creditor for the debt in accordance with the terms of the agreement, using the legal mechanisms provided for by the relevant legislation. After the court receives the statement of claim, a copy of it is also sent to the defendant for perusal.

Terms and procedure for submitting a response to a claim

The defendant has the right to file an answer to the lawsuit within the time limit determined by the court. However, this period cannot be less than 15 days from the moment he receives the court decision on the initiation of the case. The court sets the deadline for submitting the answer in such a way that the defendant has enough time to prepare the answer and the necessary evidence, and the other parties to the case receive an answer before the start of the first preparatory session.

In case of failure to submit an answer within the time limit set by the court without valid reasons, the court will consider the case based on the materials available to it.

The content of the review

In the response, the debtor can state objections to the claims. For example, contest the very fact of the existence of the debt, its amount, refer to the inauthenticity of the receipt or the expiration of the statute of limitations.

To substantiate his position, the debtor should provide relevant facts and evidence. In particular, if the debt is returned, submit a receipt for repayment of the debt.

The response to the claim must include the following information:

• Name of the plaintiff and case number for identification;
• Personal data of the defendant;
• Claims recognized by the defendant, if any;
• Facts recognized by the defendant and their legal evaluation;
• Objection of the defendant regarding the circumstances and grounds of the claim;
• List of attached evidence and reasons for not presenting some of them;
• Objections (if required) to court costs;
• Preliminary calculation of the defendant’s legal costs.

This information is important to clear up any misunderstandings and ensure clarity in the legal process.

Evidence confirming the position of the defendant and documents on sending copies to the participants of the case must be added to the response. The defendant is obliged to send copies of the response to all participants in the process.
The appeal must be signed by the debtor or his representative – if there is a power of attorney to that effect.

The response is an important procedural document, because it allows the debtor to present objections and defend interests in court. The court’s decision in the dispute about collection of the debt based on the receipt will depend on the completeness and validity of the response.

Legal aid

If you need help with appeal issues, as well as other legal and procedural aspects, contact the Prykhodko and Partners law firm.

We offer a wide range of services, including consultations, support in court cases and protection of your rights. Our team of qualified specialists is ready to provide you with not only professional assistance, but also a full understanding of your situation and take all necessary actions to achieve your goal.