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Money that was given out on credit can be returned. Although this procedure is not simple and requires the involvement of a specialist, the result will be.
What if there is no receipt? Are there effective ways to repay a debt without significant evidence?
- The diplomatic method
- Contacting the law enforcement
- Last resort – court
Diplomatic method (Peace talks):
The easiest way is to calmly talk with the debtor regarding the return of the debt. Usually they do not make a receipt when they give a loan to close or well-known people. You can diplomatically talk with a person and give him time to return the money.
Since there is no main evidence of debt – a receipt, then you can try to get this evidence.
First, carefully ask for money back or try to persuade the debtor to issue and sign a receipt. If agreed, then we already wrote about how to return a cash debt by receipt.
If it did not work out, but the borrower does not shy away from contacts, then communication with him is not difficult to fix:
• video and audio recordings,
• correspondence in contact,
• messaging in email.
Create audio and video evidence
To record contacts with the debtor you need to get:
• good digital voice recorder,
• landline telephone (or mobile) with speakerphone,
• camcorder.
The exact landline or mobile number of the debtor must be known.
One of the friends should record the whole process with a video camera, including possible witnesses.
Actions before the call:
• fixing the exact date and time and speaking them in the recorder and on the video,
• indication of the date and time of the call,
• message of phone numbers from which they are calling and to which they are calling,
• an indication of the persons to whom the telephones belong (with addresses).
In a conversation with the borrower should be present information:
• FULL NAME. both sides,
• the amount of money transferred in debt,
• date of issue of funds,
• demand for their return,
• you can touch on the purpose of the loan money.
After the conversation, fix its duration and end time.
After the conversation, you need to draw up a document called a protocol for decrypting the recording of a conversation on the phone with the debtor. It should describe all the details of the negotiations.
About text evidence
If the debtor has e-mail and uses a contact or classmates, you should write him a message according to the type of phone call. To do this, use a social network account or mail lender. Before sending a message, the account must be clear to the lender.
About text evidence
If the debtor has e-mail and uses a contact or classmates, you should write him a message according to the type of phone call. To do this, use a social network account or mail lender. Before sending a message, the account must be clear to the lender.
Email can serve as evidence. If the debtor answers the message, this text needs to be printed out (together with the text of the original message) and saved.
In the event of a trial, if the debtor refuses his words, the court will send a request to the social network or service provider for correspondence.
It’s good to secure oneself with witnesses with confirmation of the fact of correspondence.
However, there are even close people who are not burdened by conscience due to bad debt. Many of them simply disappear from sight. If you are not sorry to lose your relationship with them, you should find a tougher way to get your money back.
Contacting law enforcement
Official letter first
Before applying for help to law enforcement agencies, an official letter should be sent to the debtor demanding a refund. In the letter indicate all the necessary details of the case. Mandatory use of the notification of the fact of delivery of the registered letter.
The same request is more reliable and faster to send by telegram.
ATS application
One thing remains – an appeal to the department of internal affairs.
An application must be submitted stating:
• all circumstances of the situation,
• time and place of transfer of money,
• exact details of the debtor (full name, passport details, date of birth, place of residence),
• the amount of time that has passed since the day on which the debt was to be returned,
• requests for verification of the offense.
The Criminal Code provides for the crime of embezzlement of money through deception and breach of trust. In other words, this is fraud (Article 190 of the Criminal Code of the Republic of Moldova).
Such an article of the law is quite suitable for a debtor who does not return money, taking advantage of the lack of evidence.
Already at this stage, the debtor can repay the debt. Otherwise, the police will interrogate him in order to identify signs of corpus delicti.
During interrogation, the debtor may admit that he did not steal the money and intends to return it in the future. As a result, a criminal case will be refused with the execution of the decision. This document will be one of the most important evidence in court.
Now it’s time to go to court to recover a debt in civil law.
Last resort – court
Evidence kit
The effectiveness of the trial depends on the availability of all possible evidence:
1. Video and audio recordings of telephone conversations and the protocol for their decoding.
2. Inquiries from the operator about the belonging of telephone numbers.
3. Printed electronic correspondence with the debtor. It is very useful to certify this correspondence with a notary.
4. A written claim and returned notice of delivery of a registered letter demanding a refund.
5. Decisions on the refusal of the police department to initiate criminal proceedings.
This evidence package can be supported by indirect arguments:
• information from witnesses to the incident,
• data on the availability of money from the creditor on the day of its transfer to the debtor and at the same time on its acquisitions coinciding with the loan period.
Appeal
Here you should also fill out a statement indicating all information about the loan, your details and the borrower, as well as measures taken to repay the debt.
The collected evidence is attached to the application.
At the same time as a lawsuit, it is useful to file a written request for the seizure of the property of the debtor.
Finally, the last stage is decision making. The court may decide to return the debt by force. This means the beginning of the enforcement proceedings, that is, work with bailiffs.
It is possible that the court will recognize the insufficiency of the evidence presented to return the money. But this is not the end. The judgment can be appealed to a higher authority.
At the end of the action flow
So, you can take your own money from an unscrupulous debtor without a receipt, according to the following scheme:
1. Talk openly with a person and ask for a repayment of the debt.
2. Offer to draw up a receipt.
3. In case of refusal, but in the presence of contacts with him, collect possible evidence in the form of audio and video recordings and text documents of negotiations with him.
4. Contact the police with a detailed statement. Get a protocol if they refuse to institute criminal proceedings.
5. Write a statement to the court and attach all the evidence. The application to the court has to be written when receiving the inheritance, and when recognizing the ownership of the apartment, and even when recognizing the ownership of the garage.
6. If successful, track the work of bailiffs.
7. If it was not possible to achieve the desired, appeal the court decision.
The judicial process of debt collection without a receipt is rather complicated and lengthy. This life lesson must be learned. In the future, when borrowing a large amount of money, it is necessary to draw up a loan agreement or a receipt in full.