How does the debt collection with the UI - description of procedures and requirements

Claiming the debt is not always a pleasant procedure for both entertaining and for the lender. This situation can occur between friends, relatives and acquaintances, also sometimes you need to get back funds from individual entrepreneurs and organizations.

Collection of debt from the UI is somewhat different from the procedure between individuals, as well as to the actions of the entire company. In this paper, we consider features procedure, as well as some techniques that will help to protect yourself from fraud on the part of the local borrower.

What is IP?

In order to understand what is the feature of collecting the debt with the UI, you need to understand the concept. In court proceedings a claim may be directed either to individuals or to legal. Individual - any person of our environment, the citizen, with its rights and obligations. Legal entity - organization, carrying out certain activities on the economic market. And to whom can be attributed to an individual entrepreneur?

Individual entrepreneur also runs economic activity, it has registered its activity in regulatory bodies and obtained the right to carry out commercial operations. However, he still refers to the individuals, as their decisions it can make quickly and independently, and its liabilities is responsible with all its assets as opposed to legal entities.

Collection of debt from SP - a process in which you contact the particular particular person and not to the whole company and its many representatives.

How to solve the dispute by peaceful means?

All rational disputes to be resolved peacefully. Trial always requires money, time and nerves. Sometimes it is so delayed that the lender manages to forget about the debt and the amount is depreciated.

If the borrower agree to negotiate before the court, it is better to start really with them. Sometimes even reasonable to compromise and provide more respite than to start the mechanism of the court. It all depends on the type of the borrower, his character, the so-called "portrait". If he really will always return my debts, was responsible, contacted, explained the cause of delay, peace talks would be appropriate.

After coming to a decision acceptable to both sides, don't forget to clip it on paper. If you are faced with a scammer, still have to find a good lawyer. In any case, we should not sit back and silently wait for the return of money. Collection of debt from the PI must start before the submission of the application to the court.

Procedure in debt collection

Talks have stalled, no one answers the phone, the money from the debtor as there was no and no - what to do? How to recover a debt with the SP?

First of all, write a written claim with the requirement of repayment. Send it to the address of residence of the entrepreneur, in office, in any place where he can get it. A copy of the complaint in possession of, send a letter with delivery notification to know exactly what the defendant received it.

If the entrepreneur's reputation is important in the field of media, make a complaint there. Many entrepreneurs are not very happy to leak this kind of information to potential customers.

In some situations there is an opportunity to attract larger business partners. If the debtor depends on a company, it makes sense to consult with an information letter to its management.

If the undertaken actions have not had contact with the court. It is possible to recover the amount of duty, penalty, compensation of losses and costs, duties and services of a lawyer.

You Need to properly make a claim to recover the debt entrepreneurs, as well as to make all evidence relevant to the case. You should also attach your letters demanding a refund, which was sent to the defendant.

The Initiation of bankruptcy PI

The Positive outcome of the trial does not always mean a refund. The fact that bailiffs often refer to employment, debt collection UI of a writ of execution is necessary to carry out the plaintiff alone.

If the debt is not repaid within three months, the lender has the right to file a new lawsuit. Only in this way is supplied to the claim about bankruptcy IP. Profitablethis action only if the debtor has valuable property, the sale of which will be returned to debt obligations.

The Application must be submitted to the arbitration court at the place of residence of the defendant. If you receive a positive response on the claim, the defendant sells all of its assets and property but the apartment and some inexpensive household items.

Bankruptcy involves the presence of multiple creditors. After the procedure physical entity is "pure" before the law and its obligations, even if all its assets are not sufficient to repay the debt. Then make demands for repayment of debt impossible.

Collection of debt from the SP, ceased operations

Market - structure variable. Open the new organization, others may not continue and closed. It so happens that the individual entrepreneur has curtailed economic activity, the issued properly, the documents and went to work somewhere in a factory. And what if he was a debtor? What will happen to his debt?

Collection of debt from the former entrepreneur is no different from the standard procedure. All his debts have not gone away, he is still obligated to pay them. This means that you need to write a letter demanding to repay the debt if it did not bring result in the future to go to court at the place of residence of the defendant.

What you need to know?

How is the collection of debts with PIS, even with those who have ceased economic activity, was discussed in the previous paragraphs. What if the entrepreneur does not simply shut down operations and started bankruptcy proceedings? The lender must have time to enter into a special list of persons who owed the businessman. It is called the registry. If before the termination of bankruptcy proceedings any action on the part of the creditor were not made, in further debt, he can not pick up.

What is to be feared?

Even in a normal everyday environment cheaters caught on almost every corner. In the economic sphere is even more pronounced: shell companies, false charities, illegal entrepreneurship, and more.

Starting business in the role of the individual entrepreneur, many people pre-sell or sign over friends and relatives, his property.

Before you give someone a loan, make sure that he has something to pay, if necessary. If after the court decision on the repayment of a debt the Respondent is personal property, official earnings or assets, the sale of which can meet commitments, and your money will be simply nothing to return under the law.

How to fight fraud?

If your debtor has announced bankruptcy, in the process of activity of its assets were sold on doubtful value, or organizations that raise suspicion in the legality of the activity, you can try to challenge the transaction and to recognize them as invalid.

Contested transactions between relatives and dubious organizations if they were held 3 months before the commencement of the bankruptcy. In this case, the transferred property is confiscated and distributed among the creditors included in the register.

If the owner-debtor has sustained substantial damages to its creditors conducted by the manipulation of assets and other illegal activities can be prosecuted under articles 195, 196, 197 of the Criminal Code of the Russian Federation.