In accordance with applicable law, all transactions are made in writing or orally.
The following transactions must be concluded in writing:
- carried out in the course of entrepreneurial activity, except for transactions executed at their very conclusion, unless otherwise is specifically provided for by law for certain types of transactions or does not follow from business customs;
- for an amount exceeding one hundred calculated indicators, with the exception of transactions executed at the very moment they are made;
- in other cases stipulated by law or by agreement of the parties.
In cases established by legislative acts or by agreement of the parties, written transactions are considered completed only after they have been notarized.
If you decide to lend money, it is best to conclude a deal with a notary public with a receipt from the borrower that he really received the amount of money.
According to Article 715 of the Civil Code of the Republic of Kazakhstan, under a loan agreement, one party (the lender) transfers, and in the cases provided for by this Code or the agreement, undertakes to transfer to the ownership (economic management, operational management) of the other party (the borrower) money or things specified generic features, and the borrower undertakes to promptly return to the lender the same amount of money or an equal amount of things of the same kind and quality.
It follows from this article that two parties are involved in the loan agreement – the lender and the borrower, the subject of the transaction is money (in our case), respectively, the lender has an obligation to transfer, and the borrower to return the money by a certain date.
If it so happened that you did not go to a notary, but decided to formalize the transaction in a simple written form, then the following must be indicated in the receipt:
- Place and date of the transaction;
- Data of the parties indicating the surname, name, patronymic; dates of birth; information about the IIN; information about the identity document; place of residence, and the more clarifying information about the debtor, the easier it will be at the stage of trial and enforcement proceedings;
- The deadline for repayment of the debt with the obligatory indication of sanctions for late repayment (penalty, forfeit), as this will discipline the debtor;
- Accordingly, the signature of the debtor, which you can attest with the signatures of witnesses.
If the debtor still failed to fulfill its obligation to repay the debt, then for the purpose of pre-trial settlement of the dispute, you can send a claim to the debtor, meet with him and find out the reason for the non-repayment of the debt. At the same time, we warn and draw your attention to the fact that you should be wary of the expiration of the limitation period (three years). If the deadline is missed without a good reason, this will be the basis for refusing to satisfy the claims on the basis of the defendant’s petition for the application of the limitation period.
If the measures of pre-trial settlement of the dispute did not help, then you need to apply to the court with a statement of claim to recover the debt. First of all, you need to find out the place of residence of the debtor, according to the information specified in the receipt, or by requesting the competent authorities. The address is necessary to determine jurisdiction when considering a civil case, since according to civil procedure law, claims are filed at the location of the defendant. We have decided on the court, now it is necessary to prepare a statement of claim and pay the state fee, for claims of a property nature, the state fee will be 1% of the amount collected. For example, if the amount of the debt is 100,000 tenge, then the amount of the state fee will be 1,000 tenge.
You must attach to the statement of claim:
- copy of ID;
- document confirming place of residence (registration book of citizens, or address certificate);
- receipt;
- original receipt confirming payment of the state fee;
- and other documents related to the case in question.
The term for consideration of a civil case in court is two months, the court makes a decision to satisfy the claims. After the entry into force of the court decision, a writ of execution is issued, which is sent to bailiffs for the enforcement of debt collection, the term of enforcement proceedings is two months.
Thus, answering the main question, is it possible to collect debt on the basis of a receipt – it is possible, but for this it is necessary that you have the original receipt with the information indicated above and information about the debtor.
Drawing up a statement of claim and the trial itself is not particularly difficult, and the plaintiff can collect the debt on his own. However, in the process of preparing a case for court and in the course of its participation, there are many nuances that a simple layman does not know, in connection with which you are distracted from your main work and waste your precious time.
Law firm KORGAN will save you from unnecessary trouble and help you competently draw up a statement of claim, provide services for representing interests in court, with subsequent support for enforcement proceedings. At the same time, we note that all the expenses that you spend on paying for the services of a law firm will be recovered from the debtor.