How the recovery of debts from IP occurs is a description of the procedure and requirements

Debt recovery is not always a pleasant procedureboth for the borrower, and for the lender. This situation can occur between friends, relatives and familiar people, and sometimes there is a need to get back funds from individual entrepreneurs and organizations.

Debt collection from IPs is slightly different fromprocedures between individuals, as well as from a claim to the whole company. In this article, we will examine the features of the procedure, as well as some techniques that will help to protect yourself from fraud by the borrower.

What is IP?

In order to understand what the feature isrecovery of debt from IP, it is necessary to understand the very concept. In litigation, an action can be directed to both individuals and legal entities. An individual is any person from our environment, a citizen who has his rights and responsibilities. A legal entity is an organization that carries out certain activities in the economic market. And to whom can we refer an individual entrepreneur?

Individual entrepreneur also leadseconomic activity, he registered his activities in the supervisory bodies and obtained the right to conduct commercial operations. At the same time, he still applies to individuals, since he can make his decisions promptly and independently, and he meets all his property in accordance with his obligations unlike legal entities.

Debt collection from an IP is a process in which you are in contact with a specific specific person, and not with the whole company and its numerous representatives.

How to resolve the dispute peacefully?

It is more rational to resolve all disputes peacefully. The trial always requires money, time and nerves. Sometimes it is so prolonged that the creditor has time to forget about the debt, and the amount is simply depreciating.

If the borrower agrees to go to negotiations before the trial,it is better to start really with them. It is reasonable sometimes to even compromise and provide an additional delay than launching a court mechanism. All this depends on the type of borrower, his character, the so-called "portrait". If he did always return his debts, was responsible, contacted, explained the reason for the delay, then the peace negotiations would be appropriate.

After you come to a solution that suits youboth sides, do not forget to fix it on paper. If you are confronted with a fraudster, you still have to find a good lawyer. In any case, do not sit back and wait in silence for the return of money. Debt collection from an IP should be started before the application is submitted to the court.

Procedure for collecting debt

Negotiations have reached a dead end, nobody answers you for calls, there was no money from the debtor, and there is not - what to do? How to recover a debt from an IP?

First of all, write a written claim withdemand for a debt repayment. Send it to the address of the entrepreneur, to the office, to any place where he can receive it. Keep a copy of the claim at home, send a letter with the delivery notification to know exactly what the defendant received it.

If the reputation of a media player is important, send a complaint there. Many entrepreneurs are not very happy about leaking this kind of information to potential customers.

In some situations, there is an opportunity to attractto their side of larger business partners. If the work of the debtor depends on some company, it makes sense to apply with an information letter to its management.

If the measures taken have no effect, please contact the arbitration court. With the help of it you can recover the amount of debt, penalty, compensation for losses and expenses for payment of fees and legal services.

It is necessary to draw up a statement of claimon recovering the debt of the IP, and also to attach all the evidence relevant to the case. It is also necessary to enclose your letters with the demand to return the money that was sent to the respondent.

Initiation of bankruptcy of an IP

The positive outcome of the court session is not alwaysmeans a refund. The fact that the bailiffs often refer to employment, the debt collection from the IP on the writ of execution must be carried out by the plaintiff independently.

If the debt is not repaid within threemonths, the creditor has the right to file a new claim. Only in this case is a claim filed for the bankruptcy of the IP. Advantageously, this action only if the debtor has valuable property, as a result of the sale of which the debts for liabilities will be returned.

The application is submitted to the arbitration court at the placeresidence of the defendant. If a positive response to the claim is received, the defendant sells all of its assets and property, except for a single apartment and some inexpensive household items.

The bankruptcy procedure presupposes the existence ofseveral creditors. After the completion of the procedure, an individual becomes "clean" before the law and on his obligations, even if all of his property was not enough to pay off debts. After that, you can not show requirements for the return of debts.

Debt collection from an IP that terminated its activities

The market is a volatile structure. New organizations are opening, others can not continue activities and are closed. It happens that the individual entrepreneur has curtailed economic activity, duly issued documents and went to work somewhere in the plant. And what if he was a debtor? What will become of his duty?

Debt collection from a former IP is no differentfrom the standard procedure. All his debts and credits have not disappeared, he still has to pay them. This means that you need to write a letter demanding repayment of the debt and, if it does not bring the result, then go to court at the place of residence of the defendant.

What do I need to know about?

How is the collection of debts from IP, even from those,who has already stopped economic activities, was considered in the previous paragraphs. What if the entrepreneur did not just close the activity, but also started the bankruptcy procedure? The creditor must have time to enter the special list of persons to whom the entrepreneur owes. It is called the registry. If before the end of the bankruptcy procedure, no measures have been taken by the creditor, he will not be able to collect the debt in the future.

What should I fear?

Even in the usual everyday environment scammerscome across almost every corner. In the sphere of the economy, this is even more common: one-day firms, fake charitable foundations, illegal entrepreneurship, and so on.

Starting an economic activity in the role of an individual entrepreneur, many people pre-sell or rewrite their property to friends and relatives.

Before you give someone a loan,make sure that he has something to pay off if necessary. If, after making a court decision on reimbursement of the debt, the defendant will not have personal property, official earnings or assets, the sale of which can satisfy obligations, then your funds will simply not be returned from the law.

How to deal with fraud?

If your debtor announced the commencement of the procedurebankruptcy, while in the process of his property was sold at a doubtful cost or organizations that cause suspicion of the legality of the activity, you can try to challenge the transaction and recognize them as invalid.

The disputes between relatives anddubious organizations, if they were held 3 months before the bankruptcy proceedings began. In this case, the transferred property is confiscated and distributed among creditors included in the register.

If the entrepreneur-debtor was causedsignificant losses to its creditors, frauds with the withdrawal of assets and other illegal activities, it can be held accountable under articles 195, 196, 197 of the Criminal Code of the Russian Federation.