Fraud cases can vary, especially when it comes to loans or prepayments. Trusting a person can lead to rash actions and falling into the traps of unscrupulous people. Sometimes you have to pay for services before they begin, make an advance payment, but the contract is not yet concluded, and the payment is made before the document is signed. Or an oral agreement is not fulfilled, and it is worth trying to get your money back in an out-of-court way. First, a dialogue is conducted, where everything is built on trust, and you can get your money back without the involvement of lawyers.
It is more challenging to resolve issues with a person who refuses to fulfill oral agreements on repayment or completely denies the repayment.
Nowadays, it is possible to conclude contracts electronically. This may lead to a higher risk of not receiving invested funds in case of fraud. Therefore, preliminary verification is crucial. A counterparty will be more reliable if they own or manage property. This will contribute to a higher level of responsibility. This property provides the opportunity to meet your claims for a refund if obligations are not fulfilled.
First of all, to avoid thinking about how to get your money back without going to court, you should check the person or organization with whom you are making an agreement with prepayment. It is necessary to clarify information about previous transactions or partners, find out about the financial condition and owned assets, real estate, or other financial guarantees.
Ways of Out-of-Court Settlement
How to increase your chances of an out-of-court refund. There are several ways to carry out an out-of-court refund:
- preliminarily draw up a receipt indicating the (amount and deadline for the refund);
- draw up a contract where all the obligations of the signatories are specified;
- consult with a specialist knowledgeable in these matters (lawyer, attorney);
- conduct a conversation with the debtor in the presence of a lawyer.
Resolving the issue will help to get your money back quickly.
It is also recommended to preliminarily check the authority of the person with whom you will have financial and business matters regarding the fulfillment of obligations. The best option may be the presence of the signatory's name in relevant lists of authorized persons.
Negotiations on Refund
Before conducting negotiations for a refund, it is necessary to choose a competent lawyer who will thoroughly study the issue before negotiations and can select the right arguments within the framework of the law.
He can prepare proposals for resolving disputed issues that can be confidently presented in court. Such an offer can be drawn up in the form of a claim-demand for the court, but as a proposal, this claim becomes a friendly resolution of the dispute.
When the parties gather for negotiations, each party suggests solutions and expresses their wishes or comments. Through simple dialogue, joint beneficial agreements are reached.
If pre-trial settlement of the refund progresses slowly, then evidence for court preparation, such as:
- email or messenger correspondence;
- voice messages and digital recordings of conversations;
- statements from possible witnesses;
- bank receipts for fund transfers and others.
It is necessary to thoroughly prepare, gather arguments that can convince the debtor to go for pre-trial settlement for a refund.
Peaceful Refund
Peaceful refund is possible in cases where an erroneous payment operation was made through the bank. This is a service when funds are debited from the payer's account or card to incorrect details.
First, you should contact the bank with a notification of the erroneous transfer of funds. Modern realities allow this to be done without visiting the bank in person. It is enough to write or call customer support, leave a request in a chatbot. For those who prefer live communication with consultants, you can directly contact the hotline or visit the bank in person.
Providing full information about the refund and submitting an application gives the bank the opportunity to carry out a peaceful refund without taking the matter to court. An application is made stating the reason for the refund and is sent to the bank where the money was mistakenly transferred.
Before lending money, paying for goods in advance, or giving an advance for future work, you should make sure that the client is reliable and that you will not have to return your money for unfulfilled work or obligations. This will help save money, nerves, and mood.