The author posted a question in Legal Advice
What kind of criminal responsibility is there for not paying back a debt of 30 thousand rubles? and got a better answer
Response from
Theoretically, Article 159 of the Criminal Code Fraud, but it is extremely and extremely difficult to prove. If the debtor will not resist and refuse to pay the debt, but will simply say, damn it, there is no money, I will pay the first paycheck - the case is elementary to close for lack of corpus delicti. The best way out: 1. Send a written demand for the return of the debt by mail with notification of receipt with an indication of sufficient time, for example - a week from receipt and address, which should return the debt. 2 If the debt is not returned - address to the court of common jurisdiction with the claim about collecting of the sum of debt, attaching the receipt of debt, the requirement see para. 1 and postal notification that the debtor received this requirement. 3 After the decision of court to submit the writ of execution to the bailiff service for the compulsory collection of debt. 4 Wait for the money.
Theoretically st.159 Criminal Code Fraud, but to prove extremely and extremely difficult. If the debtor to resist and refuse to pay the debt will not, and just say heck, no money now, pay the first paycheck - the case is elementary closed for lack of corpus delicti. The best way out: 1. Send a written demand for the return of the debt by mail with notification of receipt with an indication of sufficient time, for example - a week from receipt and address, which should return the debt. 2 If the debt is not returned - address to the court of common jurisdiction with the claim about collecting of the sum of debt, attaching the receipt of debt, the requirement see para. 1 and postal notification that the debtor received this requirement. 3 After the decision of court to submit the writ of execution to the bailiff service for the compulsory collection of debt. 4 Wait for the money.
As common sense suggests - none.
It depends to whom did not give. Maybe it's better to give, or criminal liability will come to the person you didn't give it to.
Well in general - you can sue and seek payment with the help of the court. But it is better to just pummel the man and demand that he uses human methods. It's not that much money.
The penalty is zero! You do not want to have enemies-do not give and do not borrow!
only administration through the court. and payment of wages in installments
Unlikely criminal.If you file a lawsuit and the court will force him to pay this money, and only if he has a white salary, which allows you to repay the debt at once, otherwise he will pay 100 rubles. each month. And if a person does not work officially, they can take away some property, a TV set or something else that will cover the debt bailiffs take away with the auction sell and the money returned to you and if the person does not have property, then the hell with it.It is better to try to return the debt by their own efforts and not to get involved in the courts will be longer invest more money and the effect may not please. Good luck!
criminal responsibility for such actions is not provided. the only thing possible is a civil liability. but to prove the fact of the obligation and the debt is an obligation will be difficult because you are unlikely to have followed the form of the contract.
Write a statement to the police. The statement should be motivated by the fact that at the time of taking money in debt, this PEOPLE had no actual opportunity to pay back this debt. In addition, the presence of the material of verification, in order of Art. 144, 145 of the Criminal Procedure Code, conducted by the bodies of inquiry in this case, the internal affairs, possibly psychologically affect the attitude of the debtor to the debt, in any case, forgiveness is not necessary. There is a chance, albeit small, so good luck.
Yuri Sharipov I will support - simple and competent and can be supplemented by a post Stepan Gorsky Here so saved himself from the writings.