Pre-trial agreement on voluntary repayment of debt. Model debt restructuring agreement. Agreement on repayment of utility bills

In a situation of financial instability, problems with debt repayment can overtake both individuals and businesses. Debts can arise due to late payment of utilities, repayment of a bank loan, fulfillment of obligations on bills, etc. In such situations, the only way out is to draw up a debt repayment agreement.

The reasons that caused the debt can be different:

circumstances leading to default;
loan overdue;
unexpected change in currency price;
salary delays;
untimely fulfillment of tax obligations;
bankruptcy;
unemployment;
loss of ability to work, etc.

In these circumstances, it is necessary to look for flexible ways to repay the debt, involving restructuring of obligations. An individual or enterprise thus gets the opportunity to improve their financial situation and find funds to repay the debt.

Debts are formed in financial relationships:

state enterprise and private person;
enterprises of state and private forms of ownership;
private enterprise and individual.

The simplest form of debt is non-compliance with the terms of the contract with utility companies - many people have encountered this problem. Another common type of debt is late repayment of a loan. The problem is explained simply - credit relationships last a long time, and during this time circumstances, including economic ones, may change. When concluding a loan agreement, it is impossible to foresee changes, but this does not exclude their possibility. Debts in the form of non-payment of taxes arise during bankruptcy or other objective difficulties in the enterprise.

Debt repayment methods

In a situation where debt has arisen, first of all, you should find an opportunity to restructure the debt. To do this, it is often enough to enter into negotiations with representatives of the enterprise to which there is a debt. Repaying a debt through legal proceedings is always troublesome and expensive, so it is worth trying to draw up an agreement to repay the debt in new circumstances.

You can reach an understanding with the creditor by offering to reduce the amount of payments and extend the period for repayment of the debt. It often becomes an acceptable option in which the debt is repaid by providing services. Sometimes an agreement is signed that the debt will be repaid by a third party. In this case, the debtor will have financial obligations to him, but will also have time to resolve financial problems. If there is someone who owes a debt to the debtor, a set-off agreement can be drawn up.

When drawing up a debt repayment agreement, it is recommended to seek the help of an experienced lawyer who will skillfully determine the optimal solution and draw up an agreement that is beneficial to all parties to the transaction. It is important that the new conditions are correctly drawn up in accordance with the current regulations of the law. Filling out a sample agreement requires professionalism, otherwise it will be difficult to avoid unpleasant incidents in the future.

When drawing up an agreement yourself, be sure to study the regulatory documents. Try to take into account circumstances that may prevent execution again accepted obligations. If the sample is filled out correctly, you can feel confident. Pay attention to how many copies of the agreement you must sign in a particular case. All copies must be certified in accordance with regulatory documents. In any case, with the help of an agreement, it is possible to settle the issue of repaying the debt out of court, which is beneficial to all parties.

The agreement form must indicate:

Passport and contact details of the parties.
The date and number of the agreement confirming the existence of the debt.
New repayment rules.

about repayment of arrears

utilities

____________________ “___” _________ 20___

Citizen _______________________________

passport series _____ No. __________ issued by _______________ _______________________________________________________ "___" _______________ _____, residing (registered) at the address: _____________________________________________ _______________________________________________________________________________________

_______________________________________________________________________________________

on the one hand, and ____________________________________________________________ , hereinafter referred to as the “Managing Organization”, represented by the director ___________________________, acting on the basis of __________, on the other hand, have entered into this Agreement as follows:

1. Citizen on the basis of its own application dated “___” _____________ 20__ (Appendix 1 to this Agreement) and the Reconciliation Report of accrued and paid fees for utilities (Appendix 2 to this Agreement) assumes the obligation to repay the existing debt for payment of utilities on personal account No. ______________________ in the amount of ___________________ (_________________________________ _____________________________________________________________________) rubles _____ kopecks

Method 1 :

a one-time payment of the entire amount of the existing debt by “___” ____________ 20____ ( no more than 6 months from the date of conclusion of this Agreement) on the basis of a debt payment document (receipt) generated by the “Managing Organization”;

Method 2 :

repayment of the debt amount within ____________________ months from the date of conclusion of this Agreement on the basis of debt payment documents (receipts) transferred by the “Managing Organization” to the Citizen by making monthly payments (debt payment in installments) in the amount of _________________ rubles.

In this case, the first payment must be made by the Citizen within 1 (one) month from the date of conclusion of this Agreement.

1.1. Timely and in full pay monthly current payments for utilities, as well as debt in the manner established by this Agreement.

1.2. If an installment plan is provided for debt repayment, a one-time payment is made by the Citizen in proportion to all services for which there is a debt. Payment for one service and non-payment for another is not allowed.

1.3. If a situation arises for the Citizen where he cannot make payment in the manner specified in this Agreement (staying in the hospital, the need to leave the place permanent residence(registration) and other valid reasons), he (his representative) has the right to notify the “Managing Organization” about this in writing ( address) indicating the reasons for failure to pay the fee and the period before the expiration of which the execution of this Agreement will resume.

At the same time, the period specified by the Citizen cannot exceed 2 (two) months from the date of sending the notification.

2. " Management Company» assumes the following obligations:

provide the Citizen with an installment plan to repay debts for utility bills under the terms of this Agreement;
not to accrue or collect penalties for the period of installment plan provision;
provide the Citizen with payment documents generated in accordance with this Agreement;
exercise control over the payment made by the Citizen to repay the existing debt.

3. If the Citizen fails to fulfill his obligations under this Agreement for two consecutive months, the agreement is considered terminated by the “Managing Organization” unilaterally.

4. In the event of the occurrence of the circumstances specified in paragraph 3 of this Agreement, the Citizen is obliged, within a month from the date of its termination, to repay the current payment and the balance of the debt for utility bills specified in paragraph 1 of this agreement.

5. Failure by the Citizen to fulfill the obligation specified in clause 4 of this Agreement gives the right to the “Managing Organization” to go to court with a demand for collection of the amount of debt available on the day of filing the statement of claim (application for issuing a court order), with the accrual of penalties for the entire period untimely and incomplete payment for utility services in the amount established by Part 14 of Article 155 of the Housing Code of the Russian Federation.

6. This Agreement comes into force from the date of signing by the parties and is valid until the full fulfillment of their obligations.

7. Repeated conclusion of a similar Agreement is permitted only with the agreement of the Managing Organization.

8. This Agreement is drawn up in 2 (two) copies having equal legal force: one for the Citizen, the second for the “Managing Organization”.

All additions and/or changes to this Agreement must be in writing and signed by both Parties.

Signatures of the parties:

Citizen

________________________________________

___________________________________

Address: __________________________________

________________________________________

Passport: serial number____________________

Issued by_______________________________

________________________________________

Date of issue_____________________________

Telephone: _______________________________

In accordance with Federal law dated July 27, 2006 No. 152-FZ “On Personal Data” I hereby express my consent (disagreement) to processing (collection, systematization, accumulation, storage, clarification, modification, use, distribution (including transfer), depersonalization, blocking , destruction of personal data).

____________________ (_________________)

__________________ (_________________)

Director of the Managing Organization

_________________________________________

from _______________________________________ _______________________________________ resident(s) at the address:

______________________________________ ______________________________________

______________________________________

telephone _____________________________________

STATEMENT

Please provide deferment/or installment plan on repayment

(cross out what is not necessary)

debt in the amount of ________________ rubles (_____________________

(amount in figures) (specify amount

____________________________________________________________________

in words)

_________________________________) rubles for a period of __________ months.

______________ _______________________

(date) (signature)

Act of reconciliation

accrued and paid utility bills

____________________ "___" _________ 20 __year

Citizen ________________________________________________________________

(last name, first name, patronymic of the citizen)

passport series _____ No. __________ issued by ________________________________________________ _______________________________________________ "___" ___________________ 20__, residing (registered) at the address: ________________________________________________________________________________

(zip code, locality, street, house, building, structure, apartment, home and work/mobile phone)

________________________________________________________________________________

on the one hand, _____________________________________________________, hereinafter referred to as the “Managing Organization”, represented by the director ___________________________________, acting on the basis of __________, this Act confirms that, as of to "___" __________ 20__ Citizen ___________________________________ has arrears in paying utility bills (last name, initials)

services in the total amount of _____________________________________________________________________ (__________________________________________________________) rubles ___ kopecks, of which:

Repayment procedure:

Payment by: Amount of payments (rub.)












TOTAL:

I agree with the calculation of the amount of existing debt ____________ (____________________)

(signature) (surname, initials)

"____" ___________ 20__

Signatures of the parties:

Postponement- the ability to repay existing debt within 3 (three) months without establishing interim payments. The debtor himself decides what amount to pay and when, the main thing is that by the end of the deferment period the debt is repaid. The deferment is provided only if the amount of existing debt does not exceed RUB 10,000.00.

Installment plan- the ability to repay existing debt within a certain period of time, establishing the size and frequency of payments. The debtor is obliged to pay the established amount within the specified time frame.

Installment plans are provided for any debt with the following conditions:

if the amount of debt does not exceed RUB 10,000.00. for a period of no more than 3 months;

if the amount of debt is equal to or exceeds RUB 10,000.00. for a period of no more than 6 months;

if the amount of debt is equal to or exceeds RUB 50,000.00. for a period of no more than 1 year.

When the two parties to the transaction have reached a certain agreement, they enter into an agreement to repay the debt. For the convenience of drawing up the document, a special agreement template is used. E

If the debtor signs this agreement, he automatically confirms the fact of the unfulfilled obligation. In addition, he agrees to the terms of its implementation specified in the agreement.

Late payments - grounds for signing an agreement

If two parties to a transaction sign an agreement with each other, then certain obligations fall on each of them, although the degree of responsibility may vary. And if one party does not fulfill its obligations on time (does not pay for services, etc.), then an overdue debt arises. In this case, the second party to the transaction has the right to protect its interests, and for this you can use any methods permitted by law. When both parties try to reach an amicable agreement, without going to court, this is generally considered to be a pre-trial way out of a conflict situation.

Negotiations can be considered successful when the debtor voluntarily confirms the existence of an unfulfilled obligation. He did not dispute the contract itself and did not try to provide evidence that he had already fulfilled his part of the deal. It is clear that there are situations when the parties may come into conflict when discussing sizes. But if they are able to come to an agreement, then at the final stage there will be the most important moment of resolving the dispute - consolidating the agreements reached on paper. As a result, a debt repayment agreement will be concluded.

Agreement on payment by installments for fulfillment of a monetary obligation

As practice shows, the debtor does not always fulfill his obligation, and the reasons for this phenomenon can be very different. To solve the problem, the lender can accommodate the borrower by giving him additional time to repay the debt. For example, you can provide an installment plan so that the debt amount is paid in stages and is not so “painful” for the debtor.

In the main agreement, both parties to the transaction can provide for a clause that the main obligation will be repaid in installments. But in this case, the installment plan will be considered one of the contractual conditions and will not be discussed in the future. If the buyer realizes that he is unable to fulfill his part of the contract, but he does not plan to refuse the service or product, then the parties to the transaction can draw up an additional agreement that the payment will be repaid in installments.

From practice it is clear that installment plans are most often applicable in retail trade, and often stores attract customers to buy expensive goods in this way. Many people find it convenient to pay for goods in stages, which does not put a big strain on the family budget. This form of purchase does not require registration consumer loan, and if necessary, the seller himself will raise borrowed funds from banks.

Contents and form of the debt repayment agreement

As we said above, a debt repayment agreement is an additional confirmation by the debtor of a contractual obligation on its part, therefore it must be drawn up in writing. The agreement must contain the following points:

The reason why the debt arose.
Name of the parties involved in the transaction.
Amount of debt.
The conditions under which the debt will be repaid.
What liability is provided in case of failure of the debtor to fulfill its obligations.

If the parties have drawn up a debt agreement and put their signatures on it, this means that one of the parties has not fulfilled its contractual obligations. This means that this agreement crosses out many of the points agreed upon by the parties to the transaction when concluding the agreement.

If the creditor decided to meet the debtor halfway, did not apply penalties to him, did not charge penalties and interest on the loan, then after the agreement was signed, he does not have the right to increase the amount of debt. On this basis important point when signing the agreement, there is a discussion of the debtor’s responsibility in the event that he has not fulfilled the terms of this document to repay the debt.

Sample debt repayment agreement form

Before choosing a sample debt repayment agreement, you should determine the legal relationship on the basis of which the debt arose.

A debt repayment agreement arises between the parties to a transaction as a result of restructuring the amount of debt on terms beneficial to both parties. The creditor gets the opportunity to return at least some part Money, which he planned to receive by concluding the deal. What does the agreement give to the debtor? Firstly, he receives a time deferment, and secondly, he is guaranteed a mitigation of penalties. This gives him a real chance not only to preserve his financial condition at a normal level, but also to pay off debts.

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.

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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 responsibility of citizens is clearly stated in the norms of the Housing Code of the Russian Federation. Moreover, according to , such payment must be made before 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:

“Conscientious payers” ~ 70%.
“Forgetful” ~ 20%.
“Hardcore violators” ~ 10%.

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.

Kinds

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.

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

Causes

The reasons for this 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:

Accrual of penalties.
Written notification of a possible limitation or termination of public services (some organizations use SMS format).
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.
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:

Forced exchange of real estate for a cheaper option and covering the debt using the resulting difference.
Seizure and further sale of the offender’s property.
Moratorium on leaving the state.
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”:

Receiving a receipt.
Warning the debtor via registered letter.

To implement this action, a special algorithm was developed:

A user whose debt has exceeded the two-month payment level is sent a corresponding notification (talking about possible restrictions on utility services).
The sanctions of this notice become effective after 20 days.
If the debt continues to increase after the expiration of the allotted period, the contractor re-warns the subscriber (on receipt).
Sanctions after a repeated warning can be implemented no earlier than three days from the date of registration of the receipt.
The debtor will be limited in utility resources for 30 days.
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.
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.

Penalty

The calculation is performed as follows:

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).
The penalty is accrued daily, so it is not profitable for the debtor to stretch out the repayment of the debt.
If payment for utility services was not completed in full, then the penalty is charged only to the balance.
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 is quite well developed in the state (since this is one of the most effective ways to encourage a person to finally pay off his debt).

Going to court

Communal issues are considered by two types of courts:

Global – when the amount of debt does not reach 50,000 rubles.
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:

The consumer does not fulfill contractual obligations related to the use of utility resources.
The subscriber does not comply with the procedure for operating and maintaining the occupied premises.
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.

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:

A subscriber with a passport must visit his own housing and communal services and find out the exact amount of debt accruals.
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.
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.
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.