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Sample debt settlement agreement. Debt repayment procedure. Standard form and sample document

The purpose of a debt settlement agreement is threefold. Firstly, it is a way of pre-trial resolution of debt obligations. Secondly, an agreement is a way of obtaining recognition of a debt by the debtor, and thirdly, it is an opportunity for the debtor, having recognized the debt, to be able to pay the debt in installments and continue to enjoy certain rights and benefits.

Scope of application

There are no restrictions on the use of a debt repayment agreement, that is, it can be drawn up for any debt obligation. However, for debt obligations arising from credits and borrowings, drawing up such an agreement does not make any sense, since the agreement itself is in this case establishes the obligation to return.

Therefore, the main scope of application of agreements of this type are accruing debts, and in particular:

  • debts for housing and communal services;
  • debts to the employer;
  • debts on taxes and mandatory social payments;
  • alimony debts.

Debts for housing and communal services

Often, the consumer of utility services does not have direct contracts with the providers of these services. That is, in fact, being a consumer, he is not actually bound by contractual obligations to pay for these services.

Therefore, suppliers limit the supply of services to the debtor without going to court. In addition, a number of restrictions are imposed on the debtor, or rather the owner of the living space. For example, even if he is low-income, he cannot qualify for compensation for housing and communal services and other benefits.

In this case, concluding an agreement is beneficial to both parties. Thus, service providers receive consumer recognition of the existence of a debt and an obligation to repay it. And the debtor, in turn, removes restrictions on receiving compensation, since he ceases to be among the willful defaulters, and also receives an installment plan to repay the debt for a period of 3 months to 1 year.

Debts to employer

The employee is financially liable for damage caused to the employer. However, he does not necessarily have to be a financially responsible person.

With financially responsible persons, everything is very clear - upon employment, they sign an agreement with an obligation to repay damage to the enterprise if the damage is caused through their fault.

The situation is different with non-financially responsible persons. If such an employee causes damage to the employer, then there can be no indisputable recovery from him. However, the damage must be repaid. In this case, the employer has two options - draw up an act and file a claim in court, or draw up an act and invite the employee to accept an obligation to pay off the damage.

For the employee, the second way is more profitable if the damage is proven and is not disputed. The profitability is explained by the fact that court decision a writ of execution will be issued to the employee. And most likely, execution will be carried out in equal payments from wages during some time.

A writ of execution may become a condition of restriction civil rights employee. For example, his property may be seized, he will be prohibited from traveling abroad, etc.

The debt repayment agreement in this case will eliminate the need for the employer to go to court and, as a result, will eliminate the appearance of a writ of execution, but will retain the possibility of paying off the debt in installments.

Child support debts

Paying child support is an obligation, not a debt. Child support becomes a debt only if it is not paid. Debts for alimony are also grounds for restricting certain rights of the alimony payer, up to the confiscation of his driver’s license or the initiation of a criminal case.

A debt repayment agreement will not only be an acknowledgment of the amount of the debt, but also:

  • the ability to avoid sanctions;
  • the opportunity to receive installments or deferred payments.

An agreement is a recording of the voluntary consent of two parties to fulfill certain conditions. Under a debt repayment agreement, one party - the debtor, recognizing the amount of the debt, undertakes to repay it within a certain time, and the other party - the creditor, provides the debtor with a deferment or installment plan in exchange for the obligation.

That is, the agreement should be:

  • voluntary;
  • mutually beneficial;
  • intelligible.

This is the main legal requirement for agreements of this type. Accordingly, the text of the agreement must contain information that will prove its voluntariness and mutual benefit. Otherwise, the structure of the agreement is not regulated in any way, which means it is carried out in any form.

However, there are structural elements that are required for any title document, including a debt repayment agreement. Thus, the text of the agreement must contain:

  1. Full name (or names for legal entities) of the debtor and the claimant;
  2. passport data (details for legal entities) of the parties to the agreement;
  3. description of the legal relationship that gave rise to the debt;
  4. total amount of debt;
  5. the amount of penalties or interest (if the parties have agreed on this;
  6. recognition by the debtor of the debt and his obligation to repay the debt within a certain period;
  7. description of the method of debt repayment established by the parties;
  8. the duration of the installment plan or deferment, if the agreement provides for it;
  9. the debt collector's agreement with the method of debt repayment;
  10. consent of the creditor to suspend the accrual of interest or penalties if the parties have agreed on this;
  11. date of preparation and signature of the parties.

At the discretion of the parties, a clause may be included in the agreement providing for the liability of the debtor for failure to fulfill the terms of the agreement.

[], hereinafter referred to as the Lender, represented by [ position, full name ], On the one side,

[Name of the legal entity], hereinafter referred to as the Debtor, represented by [ position, full name], acting on the basis of [ Charter, Regulations, power of attorney, its number, date], on the other side,

have entered into this agreement as follows.

1. This Agreement defines the procedure and terms voluntary repayment Debtor's debt to the Creditor arising during the execution of the Agreement [ name, number] from [ date], in which the Lender acts as [ ], and the Debtor as [ name of the party to the contract ].

2. The debt of the Debtor under the specified Agreement at the time of concluding this agreement is:

2.1. principal amount - [ amount in numbers and words] Belarusian rubles;

2.2. penalty in accordance with paragraph ___ of the Agreement - [ amount in numbers and words] Belarusian rubles;

2.3. in total, at the time of concluding this agreement, the debt of the Debtor to the Lender is [ amount in numbers and words] Belarusian rubles.

3. The debtor undertakes to transfer the debt in the following order:

3.1. amount [ amount in numbers and words date ];

3.2. amount [ amount in numbers and words] Belarusian rubles - up to [ date ];

3.3. amount [ amount in numbers and words] Belarusian rubles - up to [ date ];

3.4. amount [ amount in numbers and words] Belarusian rubles - up to [ date ].

4. In case of violation of the payment terms established in clause 3 of this agreement, the Debtor, among other things, is obliged to pay the Creditor a penalty in the form of a fine in the amount of 20% of the total amount of debt specified in subclause 2.3 of clause 2 of this agreement, as well as compensate the Creditor for losses incurred by him .

5. In case of non-transfer by the Debtor Money To the Creditor The Creditor has the right to recover the amounts specified in subclause 2.3 of clause 2 and clause 4 of this agreement in the order of writ proceedings in the appropriate economic court of the Republic of Belarus on the basis of the economic procedural legislation of the Republic of Belarus.

6. In all other cases, the Parties are guided by the legislation of the Republic of Belarus.

7. This agreement is valid from the moment of its signing until the Parties fully fulfill their obligations under the agreement.




From the Lender:

Name of the legal entity:
_______________________________
Legal and actual address: _______________________________
Account ___________________________
bank _________________, code ___
UNP ________ OKPO _____________
Tel/fax: ____________________

From the Debtor:
_______________ _______________

Ekaterina Makarenko, partner of a limited liability company
"Stepanovsky, Papakul and partners"

An increasing number of Russians associate their periods of financial instability with the abbreviation housing and communal services. People are so accustomed to using public utilities that they don’t even want to think about saving.

What to do if financial troubles could not be avoided and problems arose with housing and communal services?

The answer is simple: urgently enter into an agreement to pay off utility bills. This is the best option to save face and avoid negative sanctions from the state.

How to do this will be discussed below.

The emergence of debt for housing and communal services

The obligation of citizens to pay for utilities is clearly stated in the norms of the Housing Code of the Russian Federation, Article 153. Moreover, such payment must be made in accordance with Article 155 of the Housing Code of the Russian Federation. required by the 10th. Otherwise, sanctions await.

But even decent payers, due to reasons beyond their control, cannot always adhere to this provision, which is mandatory for everyone.

If we take the average figures for the country, then in percentage terms all citizens can be divided into three groups:

  • "Habitious Violators"

    Utility chairmen have only a limited list of leverage over violators.

    In most cases, they are quite enough to complicate the financial burden of any family (even to the point of litigation).

    Let's try to figure out what types of utilities there are and why people stop paying.

    The management company has lists of debtors for utility bills.

    Interested in increasing utility bills in 2015? Read here.

    Housing and utilities are two different payments combined into a single complex.

    Housing services include all activities related to the operation of real estate. Without such maintenance, a residential property would quickly become uninhabitable.

    Such services are divided into the following types:

    • repair and maintenance of housing;
    • waste and garbage removal;
    • major and current repairs of premises;
    • other services (security, cleaning and repair of apartments, courier delivery, etc.).

    Such a service is fully practiced only in elite apartment buildings.

    Due to the availability of utilities, the house is provided with all the necessary energy and natural resources.

    The following types of utilities are distinguished:

    • cold and hot water supply;
    • drainage;
    • heat, gas and electricity supply;
    • light.

    Read also: Illegal actions of bailiffs

    Depending on what type of services the payer did not pay on time, this type of debt is assigned to him.

    The reasons for debt may be the following:

    • low level of earnings, as well as untimely/incomplete receipt of it;
    • unemployment and disability;
    • increase in tariffs and “freezing” of income;
    • poor quality service, corruption and conflict among housing and communal services representatives;
    • overdue loan agreement;
    • unexpected exchange rate fluctuations;
    • bankruptcy of the employer and other similar factors.

    Utility debts and the reasons for their occurrence may be different, however, a set of government actions aimed at collecting them will follow an approved template.

    Measures to combat debtors

    It all starts with prevention. Housing and communal services employees regularly monitor payments and identify potential debtors (persons with outstanding payments for 1-2 months or less).

    WITH people like this an informative conversation is held in which everything is described in detail Negative consequences further delay.

    If such an approach turns out to be ineffective, then housing and communal services representatives move on to implementing more stringent sanctions:

    1. Accrual of penalties.
    2. Written notification of a possible limitation or termination of public services (some organizations use SMS format).
    3. If within a month after the warning is issued, the required amount is not transferred to the housing and communal services settlement account, the enterprise has the right to limit the supply of utilities to the debtor. At this stage, the parties can sign a mutual agreement on the procedure for sequential debt elimination.
    4. Ignoring the agreements reached, coupled with continued non-payment, allows the authorized person of the housing and communal services to go to court to defend their interests.

    The legislation also allows for more radical measures:

    1. Eviction.
    2. Forced exchange of real estate for a cheaper option and covering the debt due to the resulting difference.
    3. Seizure and further sale of the offender’s property.
    4. Moratorium on leaving the state.
    5. Temporary ban on carrying out transactions to alienate existing property (in particular, this applies to transactions on the real estate market).

    But, despite the presence of a progressive punitive framework, the number of debtors in the country only increases every year.

    Notification of non-payment

    Without proper notification of the subscriber, representatives of housing and communal services are prohibited from restricting his use of public utilities.

    Based on the provisions of the law, the authorized housing and communal services person has only two working methods that fit the category of “proper notification”:

    1. Receiving a receipt.
    2. Warning the debtor via registered letter.

    To implement this action, a special algorithm was developed:

    1. A user whose debt has exceeded the two-month payment level is sent a corresponding notification (talking about possible restrictions on utility services).
    2. The sanctions of this notice become effective after 20 days.
    3. If the debt continues to increase after the expiration of the allotted period, the contractor re-warns the subscriber (on receipt).
    4. Sanctions after a repeated warning can be implemented no earlier than three days from the date of registration of the receipt.
    5. The debtor will be limited in utility resources for 30 days.
    6. If the debt is not repaid, then three days before the end of the term, the contractor informs the subscriber about the termination of the supply of utilities to his apartment.
    7. When all actions are unsuccessful, the contractors seal all tariff devices in the apartment and suspend the supply of utility resources until the debt is repaid.

    The penalty is calculated as follows:

    1. According to the tariffs prescribed in the Housing Code (Article 155), the penalty begins to accrue on the 11th (of course, provided that the user has not properly made all the necessary payments).
    2. The penalty is accrued daily, so it is not profitable for the debtor to stretch out the repayment of the debt.
    3. If payment for utility services was not completed in full, then the penalty is charged only to the balance.
    4. When a subscriber makes a payment, it is first used to write off the utility debt, and only after that to cover the penalty.

    Disabling services

    Such a measure can only be implemented if there is a three-month debt and the subscriber has been properly notified. However, if such an action in any way affects the interests of bona fide payers, then it will be impossible to implement it.

    In general, the difficulty of this action is due to technical features real estate. Thus, in recently built buildings, limiting resources to one apartment is much easier than in old-style buildings.

    Moreover, heating network organizations, even if they have cosmic debts, do not have the authority to disconnect their consumers.

    Despite the legal and technical complexity, the practice of disconnecting services is quite well developed in the state (as this is one of the most effective ways to encourage a person to finally pay off his debt).

    Collecting debts on utility bills through the court is a last resort measure against debtors.

    Do you need a form for a certificate of absence of debt on utility bills? See here.

    How to pay utility bills online? Details in this article.

    Going to court

    Communal issues are considered by two types of courts:

    1. Global – when the amount of debt does not reach 50,000 rubles.
    2. District - deals with cases for which debt has accumulated in excess of 50,000 rubles.

    Traditionally, the plaintiff is a representative of the utility company, however, if the energy supplier has a formalized agreement with the debtor, then he can also directly assert his claims in court.

    Most applications sent to the debtor are related to the following circumstances:

    1. The consumer does not fulfill contractual obligations related to the use of utility resources.
    2. The subscriber does not comply with the procedure for operating and maintaining the occupied premises.
    3. Established payment deadlines are violated.

    The claim is submitted for consideration along with an additional package of documentation. The cost of the claim is equal to the utility debt. The amount of the duty cannot be included here.

    To win the case, the housing and communal services representative must:

    • document the existence of obligations of the debtor to pay the debt;
    • justify the stated amount of the claim.

    Read also: Who do bailiffs report to?

    The law establishes that all legal costs are paid by the losing participant. In practice, this pattern is clearly manifested: if the process is initiated, then in 95% of cases the plaintiff wins.

    Agreement on repayment of utility bills

    This is the most humane option to resolve differences with public utilities, which involves paying the debt in installments.

    To do this you need to do the following:

    1. A subscriber with a passport must visit his own housing and communal services and find out the exact amount of debt accruals.
    2. The user must make a payment for one or another type of debt (depending on the type of debt). This action must be completed at least 3 days before documenting the agreement on the restructuring of utility debt.
    3. From the moment funds are received into the housing and communal services account, the debtor has the opportunity to officially formalize an agreement to repay the existing debt.
    4. The document is drawn up in two equivalent copies, certified by the parties and sealed. After this, the relationship between the participants moves into a new legal space.

    All decent utility companies make concessions to their customers and are ready to cooperate on acceptable (primarily for the subscriber) terms.

    Therefore, even during financial crises, tactful business communication can resolve the situation and in the future will not in any way affect the client’s ability to use utility resources to the maximum.

    Receiving a subsidy

    Families who pay more than 22% of their total income for utilities can count on subsidies. This figure may vary in each region.

    The Department of Social Protection of the Population is an official institution that issues subsidies to the population. Therefore, persons applying for such assistance for the first time need to find a local department of the above organization.

    A debt repayment agreement is a business tool for modern subscribers, which helps not only to bridge the financial gap, but to maintain the image of a conscientious citizen. Remember this and don't be afraid to take responsibility.

    Video about the consequences of debt to housing and communal services

    Situations when the debtor fails to repay the debt on time occur regularly. What to do if the debt repayment period specified in the receipt is overdue, but the debtor does not try to evade his obligations? In this case, you need to draw up an agreement on repaying the debt in installments, samples of which for individuals and legal entities can be found in our article.

    Settlement agreement on debt repayment: samples of how to draw up between individuals and legal entities

    Settlement agreement for debt repayment: what is it?

    This document is concluded between individuals. or legal persons when the debtor is unable to repay the debt within the time period specified in the receipt. A debt repayment agreement allows you to regulate the process of payments in installments so that the payment schedule is convenient for both the payer and the recipient.

    Such an agreement confirms that the debtor does not refuse his obligations and is ready to continue cooperation with the creditor, and the creditor is ready to make concessions and provide the debtor with the opportunity to repay the debt on new terms.

    Features of compilation

    The settlement agreement on debt repayment must necessarily indicate:

    • personal data of the creditor and debtor
    • number and name of the document by which the funds were transferred (debt receipt)
    • new repayment terms: installment payment schedule, deferred payments, reduction interest rate and so on.

    Download a sample form

    You can download sample settlement agreement templates so you don't have to draft the document yourself.

    Download a sample settlement agreement from Yandex.Disk:

    Advice: It is recommended to draw up a debt repayment agreement for a period of no more than 2-3 months. If necessary, you can issue a similar document for another 2-3 months several times. If the case suddenly goes to court, the creditor will have more evidence that he provided the debtor with the opportunity to pay the debt, and more than once.

    Debt repayment agreement

    When an agreement is formed between a creditor and a debtor company to pay a debt, a debt repayment agreement is drawn up. Reinforcing the document with the signature of the debtor is confirmation of the fact of the unfulfilled debt obligation and his consent to the terms of fulfillment of the clauses of the agreement. In our material we will consider the nuances of such a document.

    Essence and form

    A debt repayment agreement becomes legally binding only if it is in writing and contains the signatures of the parties. The document includes the following points:

    • Data of the parties involved in drawing up the agreement.
    • The reason for the debt and its size.
    • Conditions and structure of debt repayment (installments, full payment).
    • Liability of the debtor in case of failure to comply with the terms of the agreement.

    The drawing up of such a document signifies a peace agreement between legal entities without trial. conflicts, disputes. The conclusion of an agreement cancels many of the conditions formed by the participants in the original cooperation agreement. After signing the agreement, the creditor has no right to increase the amount of debt and apply penalties not specified in the document.

    After signing the agreement, the creditor has no right to increase the amount of debt and apply penalties not specified in the document.

    When choosing the form of a written agreement, the legal relationship on the basis of which the debt arose is strictly taken into account. A sample agreement can be viewed here.

    Drawing up an agreement on the payment of debt obligations is beneficial to both parties. The lender receives guarantees that the funds issued will be returned to him. The debtor gets a chance to pay off the debt on loyal terms - in installments, with a deferment, without additional fines. Subject to compliance with the terms of the agreement, the debtor returns the overdue payment in full and retains his financial condition without significant losses.

  • Relationships between individuals and legal entities are based on the mutual exchange of money, services, and materials. In modern practice, there are often situations when the borrower becomes unable to fulfill the obligation established by the contract on time. It is important for the debtor and creditor to enter into negotiations and find a compromise in order to avoid legal proceedings, additional costs. In this situation, a debt settlement agreement will be required.

    Scope of application

    Debt is the amount of an unfulfilled obligation under the terms of a valid agreement or receipt. Debts are generated for housing and communal services, loans, mortgages, supply of materials, and performance of work. Organizations can borrow from a bank, counterparty, or investor. Individuals receive money from loans, from friends, relatives, and also accumulate debts for utility bills, alimony, and taxes.

    A debt obligation has legal force if there is a document signed by both parties, several forms confirming the relationship. For example, the fact that one citizen received a loan from another can be confirmed by a handwritten receipt. Agreements, acts, invoices, claims certify the validity of the debt for services provided. In relation to alimony, the basis for collection is family ties. Let us list the circumstances when it becomes necessary to formalize an agreement to repay the arrears under the transaction.

    Violation of payment terms

    We are talking about overdue receivables. The terms of the contract stipulate specific terms for the transfer of funds, delivery of materials, and performance of work. If the debtor, for certain reasons, was unable to fulfill them before the appointed day, a delay occurs. The lender suffers losses: lost profits, insufficient free finances and assets. The claimant begins pre-trial settlement of the problem and sends the claim to court.

    A sharp decline in the debtor's solvency

    Due to high competition and irrational use of resources, enterprises find themselves in a financial crisis, and sometimes on the verge of bankruptcy. The best option to resolve a dispute with a counterparty - write a letter proposing a deferment. Postponing the date of payments will allow the defaulter to find options for receiving money and avoid paying penalties and fines.

    An agreement and debt repayment is drawn up when the debtor’s income decreases

    For any conflict, it is important to conduct a dialogue, not hide and not resort to tricks. If the debtor is unable to find funds to repay the debt in a short time, it is better to offer the option of installments or partial transfer. An agreement on installment payments between legal entities involves dividing the amount of debt according to proportion or shares for a certain period of time. Such a policy will allow the legal entity to stay afloat and maintain business relations with the counterparty. The use of installment plans is permissible even if there is a writ of execution from the court.

    Debt restructuring agreements are not always beneficial for the borrower. As an option, it is possible to provide “credit holidays”, that is, a period during which all sanctions against the defaulter are terminated and there is no need to pay anything. For contracts in foreign currency, the option of conversion into rubles is possible if the exchange rate is constantly increasing. Particular attention must be paid to the details of loan restructuring, since as the payment period increases, the amount of the obligation increases proportionally. As a result, the debtor will have to return several times more than originally expected.

    Changes in the circumstances of the execution of the contract

    This basis is used for force majeure situations, due to natural disasters, unforeseen circumstances. For example, due to a fire, an organization is forced to suspend production and cannot deliver the ordered products to the counterparty on time. To solve the problem, the debtor asks to make adjustments to the terms of the transaction.

    A similar picture in practice is often formed by companies producing products from imported materials. Customs control may delay delivery, and then the deadlines under the contract with the customer will be missed. It is the loyal attitude of the counterparty that will allow the contractor to be exempt from paying penalties and avoid litigation.

    Debt write-off

    According to Art. 415 of the Civil Code of the Russian Federation, the creditor has the right to release the debtor from fulfilling obligations through forgiveness. The lender unilaterally decides to repay the debt arrears and sends a notice to the defaulter. If the defendant does not submit any objections within ten days, the agreement is considered to have entered into force.

    Let's give an example of debt forgiveness: a company overpaid an individual 500 rubles. by salary. The employee, on his own initiative, did not want to return the overpayment, and for the company the legal costs will be several times higher. Therefore, the manager decides to forgive the debt and write it off at the expense of profit.

    The creditor can release the debtor from the debt

    Transfer of debt to third parties

    A popular option for closing debts is assignment (cession). The procedure is regulated by Art. 388-390 of the Civil Code of the Russian Federation, involves the transfer of the right of claim from one person to another. The event can be formalized by a bilateral or tripartite agreement. In the first case, it is necessary to obtain the consent of the defaulter and send a notification.

    The second type of agreement is signed with the participation of the debtor. In fact, the original creditor's obligation is completely closed, and all subsequent payments are made between the borrower and the new creditor. For example, a company owes money to the owner under a lease agreement for the use of premises. The lessor found an interested party and assigned the debt to him for a fee. The operation was performed with the permission of the tenant.

    Transaction regulations

    Current legislation does not define specific requirements for the procedure for concluding agreements on debt closure, the structure and content of the document. All points reflected in the document must be selected by mutual agreement of the parties to the agreement. Only a voluntary decision by the debtor will allow the dispute to be resolved in a short time without losses.

    For example, a citizen accumulated a debt for alimony after a divorce; as a result of negotiations, the spouses came to an amicable agreement on proportional monthly deductions from the payer’s salary. A sample agreement on the repayment of alimony debt between individuals is drawn up and certified by a notary. After this, the document has the force of an executive and allows you to collect arrears from the citizen’s income.

    The first step in considering a debt repayment option is to confirm its actual size. For example, the debt for electricity is confirmed by meter readings and payment receipts. Settlements under supply and service contracts are secured by primary documents: acts, invoices, reconciliations, etc.

    A separate point is the situation with the existence of counterclaims. For example, a company supplied material to a counterparty, and he, in turn, provided property (real estate, transport) for rent. The legal entity comes to an agreement to pay off debts by mutual offset.

    The debt repayment agreement can be drawn up in free form

    The parties schedule a meeting, discuss tactics and payment schedules. The creditor has the right to request additional guarantees of performance from the debtor in order to minimize risks. After reaching a compromise, the counterparties begin to draw up the form.

    The form is compiled in any form or used finished sample debt settlement agreement. The preparation of the template can be entrusted to a qualified lawyer who will fill out the fields correctly and advise clients about the consequences. If companies are not interested in incurring additional costs, you can download the form from the Internet. Legal portals provide free access to most sample standard documents.

    Registration procedure

    The parties to the agreement sign the document voluntarily; coercion and pressure are not allowed. For example, an individual has accumulated debt to an HOA. Utility workers threaten to shut off the debt, involve debt collectors, and force the debtor to sign an agreement to repay the overdue debt with a payment schedule. The tenant will be able to challenge the creditor's actions in court in the future.

    Let's look at the basic structure and provide a sample agreement on installment payments for current debt. At the beginning of the document, signatories indicate contact information: full name for individuals, name for organizations. Authorized representatives record their position and power of attorney for the right to represent interests.

    The main part of the form reflects information about the current agreement, subject, and amount of the debt obligation. When restructuring debts by providing installment plans, the parties agree and attach a repayment schedule on a separate sheet. The agreement contains a link to the application.

    If the obligation involves the accrual of penalties and interest, then the procedure for terminating and renewing the application of penalties is determined. Next, the responsibility of the parties is assigned in case of violation of the terms of the transaction. With a handwritten signature, the debtor agrees to repay the debt within the specified time frame, and the creditor agrees not to file lawsuits in court. When preparing documents, you can use a sample agreement on payment of debt for housing and communal services in installments with a payment schedule.

    Conclusion

    An agreement on the repayment of debt obligations allows the parties to the relationship to resolve the dispute with minimal losses and risks. Within the framework of the agreement, partial fulfillment of the creditor’s requirements, installment plans, and deferment are possible. If the debtor has no objections, the collector has the right to assign the debt to another person for a fee. For arrears that are not commensurate with the costs of collection, a forgiveness procedure is possible.

    Mistakes in debt collection will be discussed in the video:

    Attention! Due to recent changes in legislation, the legal information in this article may be out of date!

    STANDARD AGREEMENT ON DEBT RESTRUCTURING _____________________________ "__" ___________ 200_ year (place of conclusion of the agreement) ________________________________________, represented by __________________, (name of legal entity, (position, full name) Full name. physical person, tax identification number / checkpoint, address) acting on the basis _______________________________________, __________________________________________________________________ _________________________________________________________________, hereinafter referred to as creditors, and ____________________________, hereinafter referred to as the organization, (name of legal entity, Full name. individual, INN/KPP, address) represented by ________________________________, acting on the basis (position, full name) __________________________________________, hereinafter referred to as parties, in accordance with the Federal Law "On Financial improvement of agricultural producers" concluded this agreement as follows. 1. The subject of this agreement is the restructuring the organization's debt to creditors on the principal debt and accrued interest as of ____________________________ (date on which debts are fixed) in the amount of _____________________________________________________ rubles, (in numbers and words) including debts: before budgets of all levels for taxes and fees in total _________________________ rubles and a share of ______ percent (in numbers and words) total amount accounts payable; for the payment of insurance premiums to state extra-budgetary funds in in the amount of ______________________ rubles and a share in the amount of _____________ (in numbers and words) for budget loans in the amount of ___________________________ rubles and (in numbers and words) shares in the amount of ______ percent of the total amount of accounts payable debt; before ____________________________ to ____________________________ (name of legal entity (type of debt) faces) in the amount of __________________________ rubles and a share in the amount of ______ (in numbers and words) percent of the total amount of accounts payable; __________________________________________________________________ (other creditors included in the agreement) _________________________________________________________________. 2. The following option applies to the organization restructuring: deferment of debt repayment and accrued interest in the amount _________________________________ rubles up to ____ year; (in numbers and words) installment repayment of debt and accrued interest in the amount _______________________ rubles up to ____ year with repayment starting from (in numbers and words) ____ of the year. 3. Payments to repay debts are made in in accordance with the debt repayment schedule in accordance with the form application once a year, no later than December 15, with quarterly monitoring. 4. Payment for deferment and installment of debts is made by the debtor from the date of signing this agreement annually, no later than 15 December. 5. Amount of fee for deferred and (or) installment arrears of payments to the federal budget and budgets state extra-budgetary funds are set at 0.5 percent per annum. 6. From the date of signing this agreement, penalties and fines for untimely repayment by the debtor of obligations under the principal debts for which restructuring is carried out are not accrued. 7. From the date of signing this agreement with the organization restrictions on the use of one’s own funds are lifted funds and property established for the period of development and approval of the plan of organizational and technical measures. 8. The organization undertakes to repay debts specified in paragraph 1 of this agreement, in accordance with debt repayment schedule, which is an integral part of this agreement, through the account _______________________________, (N accounts and others Bank details) opened in ____________________________________________________, in (name of the authorized credit organization) hereinafter referred to as the agent bank, in accordance with the agreement, concluded between the organization and the agent bank from __________________________ N _______, simultaneously to all creditors (date of conclusion of the agreement) in proportion to their share in the total amount of the debt being restructured. The date of fulfillment by the debtor of obligations hereunder agreement is the date of crediting the entire debt amount to agent bank account. The organization has the right to make early repayment of the principal debt specified in paragraph 1 of this agreement. 9. Creditors undertake to restructure the organization’s debt by the conditions specified in paragraphs 2 of this agreement. 10. If the organization on the 1st day of the month following the past quarter, has arrears in payments to the budgets of all levels, current tax payments, including advance payments (contributions) for taxes from tax period exceeding one month, overdue debt on monetary obligations with a due date education exceeding one month, or debt payments established by the debt repayment schedule, about which creditors, agent bank where the organization's account is opened, in writing notify the interdepartmental territorial commission on financial improvement of agricultural producers, the right to restructuring of debts specified in paragraph 1 of this agreement is suspended. 11. This agreement is considered terminated if within 90 days from the date of suspension of the right to restructuring debts the organization will not repay the debt on current payments, payments established by the debt repayment schedule and penalties, accrued for non-payment of current payments. 12. Upon termination of this agreement, the debts specified in