Petr wanted to help the father and gave him 70 thousand crowns. After two years, he has nothing and his friendship is in ruins. The only thing I have in hand is the text at first, in which the friend mentions the loan. I don’t have to go to court in sn uspt. At the same time, he could have worried if he had written a simple loan agreement with his friend.
Drinking a pension, so to speak, would not pay off. Petr z Prahy, who turned to the iDNES.cz editorial office for many years, had a wealth of experience with this age.
He helped the bird in need
About two years ago, Petr gave his family friends 70 thousand crowns. He was in a life situation, he divorced, he had nowhere to live and he also got a job. They agreed that he would have a pension, the well would be back to Peter. It fell apart between them within a year or two. They did not sign the covenant, the day of the witness was not mentioned before. Of course, Peter’s wife knew about the loan.
During the last year and Peter, Peter was in contact with his friend, they never talked about returning the pension. Before the summer, he called his friend and asked how he was doing and how he saw it with the debt castle, and he was willing to go to the installments. The patient twisted the bag, saying that he would soon call and hang up. The next day he sent Peter an SMS that he didn’t have to, the 70,000 he had a hole. Petr saved the SMS.
Roughly, Msc Pot telephoned his friend again, but he came up with a different tactic, started questioning the dog and told Peter that he had no evidence in his hand that he would drink it at all.
There are several possibilities: from agreement to court
Peter’s patience and regardless of his friendship, he decided to get his pension back. Understandably, it would be easiest if a friend voluntarily decided to shake a long stunt. Petr now has the experience that “good” it probably won’t work. “The leader should be kept within the limits of the situation in any situation. It is understandable that turning on a loan with a friend can provoke a storm of emotions, but you have to keep it under control and not reach for a ‘pr slapek’ type, ”points first Ondej Naeradsk, head of Obansk poradny os Spolenou cesta
from Prague 2.
The standard method of obtaining a debt is a call for an obligation to fulfill an obligation, such as a reminder and a proposal for an out-of-court settlement. In this case, draw attention to the fact that he is overdue with the payment of the debt, accrue years from arrears, and if he does not pay even within a given period of time from the delivery of the call, you will enforce the claim after the court. Then he will be obliged to pay not only a long relationship with the service, but also the costs of court proceedings and subsequent execution.
“Do not tell if the creditor works and at least piblin spot what the debt will be. It will take a long time to work on me as soon as I see how much he will have to pay extra, ”adds Naeradsk. The psychological effect is called to me, if this call is sent to him on behalf of the law firm and at least the collection agency.
If Peter’s friend does not succeed in voluntarily committing the debt, he will have no choice but to assert his claim in court. I have to look at the time limit, according to the civil ending, he is a dude. At the same time, it is up to him to be able to present such evidence that the court would convince about the validity of the lawsuit.
Uloen SMS could help
Due to the fact that Petr did not find out that he drank to a friend, he will not be able to prove the existence of the loan for him. In his hand, he now only contains the text at first, in which his friend says: Would she stand as evidence in court? According to Ondej Naeradskho, this SMS could be used as evidence, but with the risk that its content may be miscellaneous. Dlunk, for example, claims that at first he did not send us or that the debt arose two, not a hard creditor and now it is forgiven.
Peter’s wife was involved in the loan, but she was not present before the pension. What about her testimony, would he stand trial? According to Naeradsky, the testimony of the wife would be considered indirect evidence. She does not know if the loan actually made, out only from the husband. In addition, it has a strong relationship with allobi – manel. “Manelka can be suggested as a witness, but the value of her answer will be minimal,” sums up Naeradsk.
Petr also agrees that the pension pedaled the friend in cash. It would be much better if he could prove their example, for example, by setting up a cashless transfer from his long term. Now Petr can only submit to the court an entry from the one in which he states the collection of 70 thousand crowns. Opt it will be nepm proof.
This is better than ever. Plenty of bad proof can be enough and sometimes you can stand with the milk. “If a creditor knows that a debtor needed a pension to pay off a debt on a fine, I suggest that he explain where he took a pension for such an extraordinary claim, which ‘accidentally’ caused a short sweat that the creditor withdrew the same amount from his bank,” adds Naeradsk .
You will avoid problems by writing a contract
Many people are often ashamed to enter into contracts in private relations and see the written form of the agreement as a sign of distrust. “The written form of the agreement is first necessary only in a very limited number of cases, it is also possible to agree on a wall, but in practice the hunter should really think about it for a while. In court, it does not matter what happened, but what can be proven, and in the case of state agreements it is a basic tribe, ”adds Naeradsk.
The easiest way is to write a loan agreement with the debtor. In order to be valid, it does not have to be verified by witnesses or notes. And it should be a few things. For example, unambiguous identification of the creditor and the debt, the loan in korunch (or other currency) and possibly confirmed to receive the pension, if the loan is in cash. According to it, it should contain the due date of the loan, including the method of repayment – either in one installment or in installments due on a given day in the month, and thus the method of payment (cash, bank transfer) and years (if the parties want to arrange them). The last steps are the signatures of the debtor and the creditor and thus the date of conclusion of the contract.