How to recover money from a debtor

It happens that an acquaintance, a relative or simply a good friend turns to you for help, asking to borrow money for a specific period. Naturally, you want to help, so you agree, feeling pleased with yourself for not leaving them in the lurch. But there is a flip side to this situation, where people who seem close and trustworthy may take advantage of your kindness and trust. As time goes by, you start to panic and look for answers to the questions , how to recover money from a debtor.

A debt on one’s word of honour

If you haven’t documented the fact that you lent the money by drawing up a receipt or a loan agreement, it will be very, very difficult to prove anything in court. Unfortunately, drawing up such documents between relatives and friends is often seen as a mere formality, so this detail of the transaction is often overlooked.

This is due to a simple confidence that the debt will be repaid, or that friends and relatives will reproach you for distrusting them. But as time passes, the person who borrowed the money has no intention of paying it back; moreover, they behave inappropriately and even aggressively towards you.

Gathering evidence for legal action

If persuasion and all measures taken to recover your money have been unsuccessful, you must, without delay, gather evidence for legal action:

• Inform the debtor of your intention to take legal action;
• Record your telephone conversations with the debtor, as well as face-to-face discussions, and keep a record of your correspondence on social media;
• Be sure to address them by name;
• Speak firmly and sternly, but do not resort to insults or threats – anything that could be used against you in court.

It is understandable that when your anger reaches boiling point and a friend has turned into your enemy, it is difficult to keep your emotions in check; however, when communicating with your debtor, and particularly when gathering evidence for court, you must be extremely careful about what you say and how you behave. The outcome of the case sometimes depends on this.

Next, what you can do is send the debtor a pre-action letter – an official document in which you warn the debtor that you are taking the matter to court. This psychological tactic sometimes yields positive results, and the debtor, not wishing to take the matter to court, repays the debt. If this does not happen, and you have already gathered all the evidence of the debt without a receipt, you can proceed to court.

Filing a claim in court

When drafting a claim for debt recovery against an individual, you must attach all the evidence you have gathered. You must also attach a receipt for payment of the court fee to the claim. The judge reviews the case materials, and legal proceedings commence. If the defendant fails to appear in court, or if further expert evidence is required, the proceedings may be suspended and delayed.

The judge then delivers a judgment. This may be a default judgment if the defendant did not attend court.

In conclusion, it should be noted that the defendant may challenge the court’s decision within one month by appealing to a higher court. However, if the debtor does not do so, the court’s decision comes into force and the debt is recovered through bailiffs. As a rule, with legal support, such cases are resolved in favour of the claimant. Debt restructuring, if you wish to save time, money and stress, please contact our firm in Podil, Kyiv, for legal support; we will be delighted to help you resolve your issue!