Debt collection under a loan agreement: what to do if the agreement is violated and when to go to court

Legal regulation

The borrower's obligation to repay the debt is specified in Article 810. Civil Code.

The person who received the money is obliged to return it in a timely manner, within the terms established by the agreement. If the terms are not specified in the contract for any reason, then the return is carried out within a month after the request of the lender.

The debt is considered repaid as soon as the money is transferred to the lender personally or arrives in his bank account.

The law allows for early repayment of debt if it is interest-free. Money borrowed with interest can be returned ahead of schedule by notifying the recipient a month before the planned return.

According to Art. 811 of the Civil Code of the Russian Federation, if the debt is not paid on time, interest is charged on its amount for each day of delay. In addition, in accordance with Art. 395, the lender has the right to demand compensation for losses incurred as a result of late repayment of debt obligations if their amount exceeds the amount of accrued interest.

What is early repayment of a loan?

When repaying a loan early, the client pays the debt before the deadline established by the agreement. Thanks to this, the borrower can reduce the amount of overpayment and pay accrued interest only for the actual period of use of borrowed funds. In accordance with the amendments to the Civil Code to Art. 809 and 810, the client has the full right to early repayment, which is stated in the contract or in an additional agreement to it.

The Federal Law “On MFOs” states that companies are prohibited from applying any penalties, hindering the borrower or charging a penalty if he has expressed a desire to repay the debt ahead of schedule. However, microfinance organizations also take into account another rule, according to which clients must notify the lender at least 10 days in advance. Please note: according to clause 2 of Article 11 No. 353-FZ “On consumer credit (loan)”, you can repay the debt ahead of schedule within 14 days from the date of receipt of money without notifying the MFO.

Experienced lawyers of Alfagroup:

• They will participate in negotiations with the debtor, draw up the text of the claim for debt repayment (if the borrower is a legal entity);
• They will draw up and send a statement of claim to the court, determining the jurisdiction of the claim. The claim must be drawn up in a legally competent manner, otherwise the court will send it for revision or refuse to initiate legal proceedings;
• Collect and prepare all documents attached to the statement of claim or necessary at the trial;
• They will prepare an evidence base confirming your requirements;
• They will calculate the amount of penalties and damages that you can demand from the debtor;
• They will represent your interests at the trial, help you decide on your tactics in court and adequately respond to the defendant’s objections;
• They will undertake all procedural actions, such as filing petitions, challenges, objections, etc.;
• They will monitor the enforcement proceedings in the case and the proper work of the bailiffs.

Alfagroup lawyers are familiar with all the intricacies of the legislation regulating the area of ​​debt collection, so they will be able to use all legal methods in order to achieve a successful completion of the case. It is better to seek legal assistance at the time of concluding a loan agreement, so that a specialist can correctly draft its text, as well as analyze possible risks when concluding an agreement.

How to write a pre-trial claim to a borrower under a loan agreement?

In the content of a citizen’s claim, all demands must be clearly justified and structured. It is also necessary to indicate the circumstances on which these requirements for the judiciary are based. In the text of the complaint, it is recommended to indicate the cost and focus on violations of legal norms and requirements.

In addition to directly drawing up and sending the demand to the debtor, the pre-trial settlement claim must comply with the following rules:

1. Judges always proceed from the fact that all claims (their content and scope) must fully comply with the requirements of the statement of claim subsequently submitted for consideration by the court. According to the new provision, a statement of claim may be withdrawn due to the discovery of discrepancies between the requirements specified in the claim and in the filed claim. This information is recorded in the fifth paragraph of the first part of Article 129 of the Arbitration Procedure Code of the Russian Federation.
2. Another important aspect concerns the fact that a claim can be filed with the arbitration court only after the period allotted for resolving the conflict without judicial intervention has passed. It is known that it is equal to thirty calendar days from the date of sending the claim document. Other deadlines may be established in accordance with Russian legislation. If the time intended for resolving conflict situations before the trial has not yet expired, the application or claim may be rejected by the judges already at the stage of accepting the claim for proceedings.

USEFUL: watch a video on how to write a pre-trial claim and consult with a lawyer through the comments to the video on your issue

Loan repayment guarantees under the agreement

We, as professionals, cannot give a 100% guarantee that your money can be returned. After all, each specific situation has its own characteristics that need to be taken into account.

• High quality legal services and service by qualified specialists who know their business;
• Using all possible legal methods of debt repayment, including the use of non-standard approaches to the matter;
• Individual approach taking into account the characteristics of a particular client and actual circumstances;
• A detailed explanation of all the nuances of your situation, so that you can reasonably choose tactics for further action.

Cost of our services

We do not have a fixed price for services, and we do not take money up front. Our fee is a percentage of the amount of your debt; its size is determined individually, depending on the complexity of the problem and the amount of work required.

Expert opinion

Kuzmin Ivan Timofeevich

Legal consultant with 6 years of experience. Specializes in the field of civil law. Member of the Bar Association.

You pay only if the case is successfully completed. Our lawyers are personally interested in you getting your money, so they will work effectively to achieve results.

The information provided on the site is not a public offer. AlfaGroup LLC has the right to refuse cooperation without explanation.

An organization can receive money (property) for temporary use:

– under a loan agreement (clause 1 of Article 807 of the Civil Code of the Russian Federation); – under a loan agreement (clause 1 of Article 819 of the Civil Code of the Russian Federation).

As a general rule, the rules that apply to a loan agreement are applied to a loan agreement (clause 2 of Article 819 of the Civil Code of the Russian Federation).

However, there are significant differences between these agreements.

Differences between a credit agreement and a loan agreement

1. A cash loan can only be issued by a bank or a credit organization (clause 1 of Article 819 of the Civil Code of the Russian Federation). A cash loan can be obtained from any citizen, entrepreneur or organization (Clause 1, Article 807 of the Civil Code of the Russian Federation).

2. An organization can receive (return) cash loans only by bank transfer (clauses 2, 3 of Bank of Russia Regulations dated August 31, 1998 No. 54-P).

This restriction does not apply to the issuance (repayment) of loans (clause 1 of Art.

810 of the Civil Code of the Russian Federation). A similar provision applies to the payment of interest.

For the use of a cash loan, an organization has the right to pay only by bank transfer (Clause 1, Article 819 of the Civil Code of the Russian Federation, Clause 3.3.

Regulations of the Bank of Russia dated June 26, 1998 No. 39-P).

Interest on a loan can be paid both in money and property (clause 1 of Art.

809 of the Civil Code of the Russian Federation).

3. A monetary loan agreement can only be interest-bearing (Clause 1, Article 819 of the Civil Code of the Russian Federation). Under a loan agreement, money can be issued without the condition of paying interest (Clause 1, Article 809 of the Civil Code of the Russian Federation).

4. A trade loan agreement is recognized as interest-free only if this is directly stated in its text (clause 1 of Article 819 of the Civil Code of the Russian Federation). A loan agreement in kind is such by default (clause 3 of Article 809 of the Civil Code of the Russian Federation).

Forms of providing a loan (credit)

A loan (credit) provided to an organization can be monetary or property (loan in kind, commodity loan).

This follows from the provisions of Articles 807, 809, 819, 822 of the Civil Code of the Russian Federation.

Terms of the loan agreement

Regardless of the amount, the loan agreement (credit agreement), in which the organization acts as a borrower (lender), conclude it in writing (clause 1 of Article 808, Article 820 of the Civil Code of the Russian Federation). This agreement is considered concluded from the moment of transfer of money or other things under it (clause 1 of Article 807 of the Civil Code of the Russian Federation).

The amount of interest on the loan (credit) can be specified in the agreement. If there is no such clause, the organization must pay the lender interest at the refinancing rate in effect on the date of repayment (the entire amount of the loan (credit) or part thereof).

Expert opinion

Kuzmin Ivan Timofeevich

Legal consultant with 6 years of experience. Specializes in the field of civil law. Member of the Bar Association.

The procedure for paying interest can also be stipulated in the contract. But if this condition is absent, the organization must pay interest monthly until the loan (credit) is fully repaid.

If the lender (creditor) provides an interest-free loan (credit), this condition must be expressly stated in the agreement (with the exception of a loan issued in kind, which is interest-free by default).

This follows from the provisions of Article 809, paragraph 2 of Article 819 of the Civil Code of the Russian Federation.

When issuing a loan in cash, the lender can transfer the loan amount to a bank account (non-cash) or pay it in cash (clause 1 of Article 810 of the Civil Code of the Russian Federation). An organization can receive a cash loan only in non-cash form (clause 2 of the Bank of Russia Regulations dated August 31, 1998 No. 54-P).

Attention: when receiving a loan from organizations or entrepreneurs in cash, observe the cash payment limit.

– between organizations; – between the organization and the entrepreneur.

This is stated in paragraph 6 of Bank of Russia Directive No. 3073-U dated October 7, 2013.

For failure to comply with the cash payment limit, administrative liability is provided under Article 15.1 of the Code of the Russian Federation on Administrative Offenses.

The cash payment limit applies only to agreements that an organization enters into with other organizations or entrepreneurs. The maximum amount of cash payments between organizations and citizens who are not engaged in entrepreneurial activities has not been established (clause

5 Directive of the Bank of Russia dated October 7, 2013 No. 3073-U). Therefore, an organization can accept any amount of cash from a person as a loan.

The answer to this question depends on who the founder is who provided the loan to the organization: a citizen or another organization.

The maximum amount of cash payments between organizations and citizens who are not engaged in entrepreneurial activities has not been established (clause 5 of Bank of Russia Directive No. 3073-U dated October 7, 2013). Therefore, if the founder is a citizen, the organization can accept any amount of cash from him as a loan.

When receiving or repaying a loan in cash, draw up an outgoing or incoming cash order (forms No. KO-2 and No. KO-1, approved by Resolution of the State Statistics Committee of Russia dated August 18, 1998 No. 88).

Notification by the bank of the financial monitoring service

– if the organization received an interest-free loan;

– if one of the parties to the loan (credit) agreement is an organization or citizen that is registered, domiciled or located in a state (territory) that does not participate in international cooperation in the field of combating legalization (laundering) of proceeds from crime and financing terrorism;

– one of the parties to the loan (credit) agreement is the person who owns an account in a bank registered in the specified state (in the specified territory).

The list of such states (territories) is established by the Government of the Russian Federation.

The organization is obliged to repay the received loan (credit) on time and in the manner prescribed by the agreement. If the repayment period is not established, the organization must repay the loan no later than 30 days after the lender (creditor) made such a demand.

An organization has the right to repay an interest-free loan (credit) early. Early repayment of interest-bearing loans (credits) is allowed only with the consent of the lender (creditor).

This procedure is established by Article 810 and paragraph 2 of Article 819 of the Civil Code of the Russian Federation.

The loan can be returned in cash or by bank transfer (Clause 1, Article 810 of the Civil Code of the Russian Federation). A loan received in cash can only be repaid by bank transfer (clauses 2, 3 of Bank of Russia Regulations dated August 31, 1998 No. 54-P).

Issuance and repayment of a loan (credit) in cash

Situation: is it necessary to use cash register when receiving and returning cash loans (credits), as well as when paying interest on them?

Issuance and repayment of a loan (credit) in kind

Expert opinion

Kuzmin Ivan Timofeevich

Legal consultant with 6 years of experience. Specializes in the field of civil law. Member of the Bar Association.

In addition to money, the lender (creditor) can lend the organization property that belongs to him. In this case, the transaction is a loan in kind or a trade loan.

From an accounting perspective, there are no differences between a loan agreement in kind and a commodity loan agreement. There are only a few legal specifics.

For example, a loan agreement will come into force at the moment of transfer of things (clause 1 of Article 807 of the Civil Code of the Russian Federation). Trade loan agreement – ​​on the day of signing (paragraph 1 of Article 822 of the Civil Code of the Russian Federation). This means that from the moment the trade credit agreement is signed, the employee will have the obligation to transfer the property specified in it to the organization.

Unlike a loan agreement, in a trade loan agreement it is necessary to more clearly indicate the characteristics of the transferred values ​​(paragraph 2 of Art.

822 of the Civil Code of the Russian Federation). In addition, a trade loan agreement is recognized as interest-free only if this is directly stated in its text (clause 1 of Article 819 of the Civil Code of the Russian Federation).

A loan agreement in kind is such by default (clause 3 of Art.

809 of the Civil Code of the Russian Federation).

The loan must be repaid in kind (commodity credit) with property - an equal amount of other things of the same kind and quality (clause 1 of Article 807, Article 822 of the Civil Code of the Russian Federation).

Collection under a loan agreement today is carried out through the court, although previously the debt was a matter of honor: it was necessary to repay it at any cost, and most loans were given on parole.

Today, borrowing even a small amount is often accompanied by drawing up a loan agreement, especially if one of the parties is a bank or microfinance organization.

Loan repayment with property: tax consequences

Legal nuances

According to Article 409 of the Civil Code, by agreement of the parties, an obligation, including a loan, can be terminated by providing compensation in return for execution.
In other words, instead of money, the borrower can transfer goods, fixed assets or other property to the lender. In this case, the amount, terms and procedure for providing compensation are established by the parties. Within the meaning of Article 409 of the Civil Code of the Russian Federation, unless otherwise follows from the compensation agreement, with the provision of compensation, all obligations under the contract are terminated, including the obligation to pay a penalty (clause 3 of the information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated December 21, 2005 No. 102).

The compensation value specified in the agreement may be higher or lower than the obligation being terminated. In such a situation, it is extremely important to clearly indicate in the agreement whether the obligation is repaid in full or in part (and in what part). In the absence of this information, the courts proceed from the fact that the obligation is terminated completely (clause 4 of the information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated December 21, 2005 No. 102).

When indicating in the compensation agreement the value of the transferred property, it is not at all necessary to focus on the value at which the transferred property was listed in the borrower’s books. It may well be that the residual value of the transferred fixed asset is less than the value specified in the agreement, and the parties decide that the transfer of this property completely terminates the obligation. The opposite option is also possible - the residual value is higher than the value specified in the compensation agreement.

However, if the value of the property specified in the compensation differs from the amount of the terminated obligation, the parties face certain tax risks. We'll talk about them a little later.

Upon transmission, an implementation occurs

When repaying a loan debt by transferring property, it should be understood that such transfer is regarded as a sale. Indeed, according to paragraph 1 of Article 39 of the Tax Code, the sale of goods by an organization or individual entrepreneur is recognized as the transfer of ownership of goods to another person on a compensated basis. In this case, when transferring property, a transfer of ownership occurs, which means there is a sale. And sales, as you know, are subject to taxes. If the borrower works for OSNO, then the obligation to pay VAT and income tax arises. Accordingly, when transferring the compensation, the borrower will have to draw up an invoice.

Here you should determine what amount should be included in the tax base for taxes. So, the tax base for VAT on sales is determined based on market prices, that is, the price specified by the parties to the transaction (clause 1 of Article 154 of the Tax Code of the Russian Federation, clause 1 of Article 40 of the Tax Code of the Russian Federation), without including tax. This means that when calculating VAT, you need to focus on the value of the property specified in the compensation agreement. This opinion is also supported by officials (letter of the Ministry of Finance of Russia dated July 27, 2005 No. 03-11-04/2/34).

Example 1

The debt under the loan agreement, taking into account accrued interest, amounted to 630,000 rubles. The borrower transfers a car, the cost of which is indicated in the agreement in the amount of 540,000 rubles, as payment for the repayable obligation. (VAT included). The compensation agreement provides for full repayment of the obligation.

When transferring a car as compensation, the borrower has a sale subject to VAT. The tax base for VAT will be 457,627 rubles. (540,000 rub. – (540,000 rub. x 18/118%)). The tax amount is RUB 82,373. (RUB 457,627 x 18%).

Also, the borrower will have to reflect the income in tax accounting, that is, for the purpose of calculating income tax. According to paragraph 1 of Article 249 of the Tax Code of the Russian Federation, sales income is revenue from the sale of goods. And sales revenue is determined based on all receipts associated with payments for goods sold (clause 2 of Article 249 of the Tax Code of the Russian Federation). In this case, the income included in taxable profit will be 457,627 rubles. (540,000 rubles – 82,373 rubles (this is the amount of VAT)). But at the same time, the borrower has the right to include the residual value of the car as an expense item (subclause 1, clause 1, article 268 of the Tax Code of the Russian Federation).

The party that received the compensation (the lender) will be able to deduct the amount of VAT included in the cost of the compensation based on the received invoice.

Compensation to “cover” the advance

It is worth remembering that with the method of terminating the obligation described above, the parties may face tax risks. There is a high probability that the tax authorities will regard the loan received as cover for an advance payment for the upcoming supply of goods. Then, naturally, they will try to collect tax, penalties and fines from the borrower for not paying VAT on the advance payment at the time. It should be noted that some organizations actually use such a scheme to avoid charging VAT on advances received.

To minimize risks, you should not resort to this method of repaying the loan too often. An additional argument in favor of the taxpayer will be the fact that the lender, who agreed to this method of repaying the obligation, was not previously (and subsequently became) the buyer of the borrower company. If this condition is met, it will be difficult for the tax inspectorate to prove the existence of the scheme.

The situation under consideration is fraught with other risks. Thus, the FAS of the Central District considered a similar situation, however, it was not about compensation, but about novation (with novation, the original obligation that existed between the parties is replaced by another obligation, providing for a different subject or a different method of fulfillment). In this case, the judges qualified the amount of the loan novated into the supply agreement as an advance payment. Moreover, the moment of determining the tax base in the case under consideration, the arbitrators recognized not even the date of concluding the novation agreement, but the date of receipt of borrowed funds (resolution of the Federal Antimonopoly Service of the Central District dated January 22, 2009 in case No. A64-7270/07-13). But, perhaps, if we were talking about compensation, the situation would have been resolved in court in favor of the taxpayer.

If we talk about the explanations of officials, they inspire some optimism. For example, previously officials took the following position. When concluding an agreement on the novation of a borrowed obligation into an obligation to supply goods, the borrowed funds received are considered as advance payments towards the upcoming supply of goods, and are subject to inclusion in the VAT tax base in the tax period in which they were received (letter from the Ministry of Finance of Russia dated 07.09 .05 No. 03-04-11/221).

Subsequently, the Federal Tax Service, in coordination with the Ministry of Finance, issued a letter dated November 28, 2008 No. ШС-6-3/ [email protected] In it, officials noted that when an agreement is concluded between the borrower and the lender on the repayment by the borrower of its obligations under the loan agreement by shipping goods to the lender, funds received by the borrower in accordance with the loan agreement should be considered on the date of conclusion of the specified agreement as an advance payment for the upcoming delivery of goods. That is, now the official position of the tax and financial departments is that the obligation to calculate VAT arises not at the moment when the money was received as a loan, but at the moment when the parties entered into an agreement on compensation or novation. It’s good if the drawing up of this agreement and the transfer of property takes place in the same quarter. If the transfer of property occurs in another quarter, then the borrower faces new tax risks.

But here you can put forward the following argument. Until the compensation is granted, the obligation to repay the loan actually continues to exist. The Presidium of the Supreme Arbitration Court of the Russian Federation drew attention to this in paragraph 1 of the information No. 102 mentioned above, indicating that the obligation (to repay the loan) terminates from the moment the compensation is provided in return for performance, and not from the moment the parties reach an agreement on compensation. Therefore, loan debt cannot be considered an advance payment. However, this point of view will most likely have to be defended in court.

Unequal "exchange"

The following tax risks arise in a situation where the value of the property specified in the agreement does not coincide with the amount of the loan obligation being repaid, and in this case the obligation is terminated completely.

If the value of the property exceeds the terminated obligation, then the risks arise with the receiving party (the lender). Officials believe that in this situation the organization must reflect non-operating income on which it is necessary to pay income tax. This conclusion can be seen, for example, in letters from the Ministry of Finance of Russia dated 02/03/10 No. 03-03-06/1/42, Federal Tax Service of Russia for Moscow dated 12/05/07 No. 19-11/116142.

In the opposite situation (the value of the property is less than the amount of the terminating obligation), risks arise with the transferring party, that is, with the borrower. Inspectors may consider that he has generated non-operating income in the amount of the excess. At the same time, the loss that the other party (the lender) receives, according to officials, cannot be taken into account for tax purposes. This is precisely the picture observed in the above example, when a car worth less than the amount of the obligation is transferred to terminate a loan obligation.

Example 2

Let's use the conditions of example 1. To avoid tax risks, the borrower must reflect non-operating income in the amount of 90,000 rubles. (630,000 – 540,000). And the lender has a loss in the amount of 90,000 rubles. will not be taken into account for tax purposes.

Thus, to minimize these risks, when setting the compensation price, it is best to focus on the amount of the terminated obligation. That is, draw up an agreement so that it follows from it that the parties agree on an equivalent “exchange”.

However, if the amount specified in the agreement differs significantly from the value of the property according to the accounting data of the transferring party, then the tax authorities may make claims against the receiving party. Such claims, in particular, were considered in the resolution of the Federal Antimonopoly Service of the North Caucasus District dated September 24, 2009 No. A32-14927/2008-51/113. In this dispute, the residual value of the transferred object was several times greater than the amount of the repaid obligation, and therefore the inspectorate assessed additional income tax on the company that received the compensation. The tax authorities considered that the excess cost was considered to be received free of charge. But the courts did not agree with this, since a gratuitous agreement is an agreement under which one party undertakes to provide something to the other party without receiving payment or other consideration from it. But in the dispute under consideration, the property was not transferred free of charge.

In addition, in addition to income tax, the inspectorate also assessed property tax, considering that the organization that received the compensation should have included the residual value of the property (formed, by the way, by the transferring party) in the property tax base. But the court also rejected this conclusion.

Why do we need a contract?

After receiving the money, anything can happen: the borrower will not be able to repay the debt or refuses to do so, the lender will decide to get more money and secretly change the terms without agreeing with the other party.

To prevent this from happening, it is recommended to draw up a loan agreement, outlining all the conditions. This helps protect both parties from possible problems:

1. The lender will be able to prove that the borrower took money from him and agreed to return it within a certain period, with or without interest.
2. The borrower will be able to prove that the lender himself is violating the terms of the contract by demanding a larger amount to be repaid or increasing the interest rate.

If the contract was not drawn up, and the terms were agreed upon orally, it will be much more difficult for each party to prove their case. Perhaps this will only work if there are witnesses.

1. All passport details of both parties: full name, addresses, passport number.
2. Terms of the agreement: terms, amount, interest rate, penalties for late payment. It is also recommended to write from what moment the contract comes into force: from the moment of signing or transfer of money: if the transaction does not take place, the dishonest creditor will be able to demand the money back, since the contract will come into force.
3. Signature of both parties and date of preparation.

How to apply for a mobile loan, read this article.

Expert opinion

Kuzmin Ivan Timofeevich

Legal consultant with 6 years of experience. Specializes in the field of civil law. Member of the Bar Association.

The agreement can be drawn up using a template or independently in 2 copies. Notarization is not necessary, but it will help give it extra power.

If the transfer of money does not occur at the time of drawing up the document, it is worth additionally writing a receipt for the transfer and receipt of money. If problems arise, this paper will help prove exactly when the contract began to operate.

Receipt, act of acceptance and transfer of money in settlements between citizens

The receipt for the return of the amount, as well as when transferring money from the lender to the debtor, should be as detailed as possible. The text must indicate:

• full data of the parties to the transaction (full name);
• place of residence (registration, stay) of the parties, passport details;
• the amount of the amount to be returned (you should describe what is the principal debt and what is interest);
• reference to the details of the loan agreement under which the obligation to repay the debt is fulfilled.

The transfer and acceptance certificate is drawn up as an appendix and an integral part of the main loan agreement. Accordingly, the preamble of the act is stated in the same way as in the transaction itself. Next comes an indication of why the paper was drawn up, with a detailed (following the example of a receipt) description of the refund amount. This form is convenient when money is returned in parts, since the payment schedule can be immediately stipulated in the act and presented in the form of a table with a column where the lender’s signature on acceptance of funds will be placed.

The contract is broken

If the borrower cannot pay the debt or the interest on it, violates the terms or refuses to pay at all, the creditor can sue and demand a forced return of the amount.

If the creditor violates the terms without agreement (increases the interest rate, demands to repay the debt earlier, or claims that the loan was for a larger amount), the borrower can also go to court. If the amount of the debt is less than 50 thousand rubles, the magistrate will deal with the problem; if it is more, you must contact the district court at the defendant’s address.

In an application for debt repayment under a loan agreement, you must indicate:

1. Full name of the court to which the plaintiff is applying, full name and addresses of the plaintiff and defendant.
2. Reason for request: return of loaned funds. The text indicates the amount, interest rate, terms, and it is also advisable to write that the defendant refused to resolve the issue peacefully.
3. An exact request to the court indicating all amounts and deadlines.
4. List of attached documents.
5. Number and signature.

Read an article on how to apply for a loan secured by real estate here.

You may also find this article about applying for a consumer loan useful.

You can download the application template here or take it from the court. Along with the completed paper, you must attach all available evidence of your case:

1. Loan agreement.
2. A receipt for the transfer or receipt of funds.
3. Statements of witnesses, if any.
4. Calculations of the exact amount the plaintiff would like to receive.
5. Receipt of payment of the fee: this must be paid before submitting the application, otherwise it will not be accepted.

The amount of the fee can range from 400 rubles to 60 thousand and depends on the specific amount claimed by the plaintiff. The calculation is made in the same way as when calculating the duty for divorce and division of property, and basically represents a certain percentage.

What is needed to repay the debt under the contract?

It would seem that it is not profitable for the borrower to delay or refuse to pay the debt. But, despite the legal consequences, citizens do not always voluntarily return the money under the loan agreement. How to repay a debt if the borrower does not compromise and does not return the borrowed funds?

In this case, the only thing left to do is go to court. The main thing is not to miss the statute of limitations, which for this type of case is three years from the moment the plaintiff learned of the violation of his legal rights.

To go to court you must:

1. Draw up a statement of claim that meets the norms of the Civil Procedure Code of the Russian Federation. It must describe in detail the claims against the debtor and the evidence on which the claims are based;
2. Collect all documents confirming the fact of the loan. Do not attach original papers to the application, only notarized copies;
3. Pay the state fee.

When to go to court

Any loan agreement has a certain limitation period - 3 years from the date of payment.

During this time, the creditor can go to court and demand satisfaction. The same applies to microloans: if the borrower does not repay the debt within 3 years, and the organization does not file a lawsuit during this time, the loan is cancelled.

In some cases, the statute of limitations may be suspended: if a natural disaster occurred, martial law was introduced in the country, or the borrower was called up to fight in war.

Concluding a loan agreement can significantly make life easier for both the borrower and the lender: in case of any violations, everyone has the right to sue. Debt collection under a loan agreement is much faster than without an agreement.

In order to have as much evidence as possible that you are right, you should carefully think through the text of the document and record all the subtleties.

How debt collection occurs under a loan agreement, see the lawyer’s comments in the following video:

Who borrows money and why? If there is not enough personal funds to open or develop your own business, an entrepreneur can take out a bank loan. This is a standard option, but there is another option - to borrow money from a third party or through relatives/friends.

At the same time, with the exception of the closest people, the other party rarely lends money for free... it is obvious that in the case of borrowing a large amount, it is fair to compensate the lender for at least inflation.

Since it is usually easier to regulate various situations with an individual than with a bank (which may not issue a loan at all), the option of private lending is quite common. To guarantee the return of funds and protect the interests of both parties, they need to enter into a loan agreement.

Key terms

The law does not have a strict form for filling out a loan agreement between citizens. But, according to the provisions of Article 423 of the Civil Code of the Russian Federation, it must contain essential conditions. The clauses of the contract are essential, without which it will be invalid.

If we consider any sample loan agreement between individuals, we can highlight the following mandatory clauses:

1. The parties to the agreement - the lender and the borrower - are indicated at the very beginning. Full name, passport details, registration and permanent residence address are entered here;
2. subject of the agreement - what is transferred to the borrower. If this is a monetary loan agreement, then the amount is stated in Russian rubles (even if the money is transferred in a different currency, then it is necessary to recalculate the amount at the current rate of the Central Bank of the Russian Federation). If this is property, then it is necessary to describe in detail its characteristics (weight, volume, quantity, etc.);
3. accrual of interest - an agreement between citizens or individual entrepreneurs for an amount of less than 100 thousand, as well as an agreement the subject of which is property and not finance, is considered interest-free by default. If, by agreement between the parties, an interest-bearing loan is stipulated, this should be reflected in the contract;
4. procedure and period of repayment - how the principal debt will be repaid, as well as accrued interest;
5. duration of the contract - until what time or date the contract is valid. This condition is necessary for calculating penalties for late returns, as well as for calculating the limitation period when going to court (set for three years, but depending on the circumstances, longer periods may be recognized);
6. responsibility of the parties for improper fulfillment of their obligations - this condition is more relevant to the borrower. At this point, you can specify penalties and fines for late return of money.

• https://dogovor-obrazets.ru/agreement/standard-Money_loan_agreement/
• https://dogovor-urist.ru/agreements/section-Money_loan_agreement/
• https://download-forms.rf/dogovor-zayma/

Essential terms of the loan agreement

The law considers the following terms of the loan agreement to be essential:

• Subject of the agreement
• Borrower's obligation to repay the loan

This is the main thing that must be specified in the loan agreement.

In addition, there are terms of the contract that you should pay attention to when concluding it. The stage of concluding an agreement is important, because if the borrower’s rights are violated, he must act based on the content of the concluded agreement.

As stated above, one of the important points is the presence in the contract of a condition on the procedure for repaying borrowed funds. It seems that indicating a specific deadline for repayment of the debt is more appropriate, since in this case the borrower is freed from the need to additionally notify the borrower about the repayment of the debt, and, accordingly, is not required to wait 30 days before going to court.

Another, no less important condition of the loan agreement is the procedure for paying interest for the use of funds. This is worth taking advantage of, since freedom of contract allows the parties to set any interest rate.

Thus, it is advisable to include the following conditions in the loan agreement:

• About the loan repayment period
• On the amount and procedure for paying interest on a loan
• On the amount of the penalty (penalty) for late fulfillment of the obligation to repay the loan

Legal services for loan recovery

• Free consultation with a lawyer in debt collection
• Legal assessment of the client’s situation and the prospects of the dispute
• Drawing up a pre-trial claim to the debtor
• Conducting negotiations with the debtor for pre-trial dispute resolution
• Drawing up a statement of claim for the recovery of funds under a loan agreement, and other procedural documents (petitions, statements, reviews, objections, complaints, etc.)
• Preparation for trial, assistance in collecting evidence
• Filing a claim in court
• Conducting cases in courts of all instances (first instance, appealing a judicial act in higher courts
• Assistance from a lawyer at the stage of execution of a court decision