Tripartite debt transfer agreement template: download sample

Contents of the document

The conditions and procedure for drawing up a debt transfer agreement are regulated by paragraph 2 of Chapter 24 of the Civil Code of the Russian Federation.

A debt transfer agreement (tripartite) indicates that three parties are involved in the transaction:

• The original debtor is a person who, by virtue of any agreements, has obligations to the creditor;
• Creditor - a person to whom the Original Debtor owes a debt;
• New debtor is a person who undertakes to repay the debt of the Original debtor.

The debt transfer agreement (tripartite) contains:

1. Name of the parties.
2. Information about on what basis and in what amount the debt of the Initial Debtor to the Creditor arose.
3. An indication to what extent (in whole or in part, taking into account penalties or not) the debt is transferred to the New debtor.
4. Responsibility of the parties.
5. Grounds for termination of the contract.
6. Other provisions.

How to properly deliver a letter to the addressee

The transmission of the message must be officially recorded. It is better not to send it by e-mail, since the recipient may deliberately ignore the message and delete it. Debtors often avoid receiving such notification, so it is important to think through and organize the delivery of this correspondence. When the location of the debtor is known, you can come to the address and deliver the application in person. If the addressee refuses to receive it, you will need to send the notice by registered mail. In the event that the courier also fails to deliver the envelope, the applicant will receive a corresponding statement. It will need to be presented to the court as evidence of the borrower’s evasion from fulfilling financial obligations. Such a paper will be evidence that the plaintiff wanted to resolve the dispute peacefully, but the defendant avoided this.

A letter with monetary claims allows you to reach an agreement without involving bailiffs. A correctly drawn up and submitted paper will help to avoid difficulties and find a compromise at the pre-trial stage. Such documentation is included in the mandatory stage of peaceful resolution of conflict situations. Such notices are the last chance for the debtor to repay the loan or compensate for the damage caused amicably. If there is mutual interest, letters of claim help maintain good relations between the parties to the transaction and save time that would have to be spent in legal proceedings.

Liability of the original debtor

A tripartite debt transfer agreement must include a clause regarding the liability of the original debtor. If for some reason the new debtor is unable to pay off the debt obligations, then the original debtor assumes responsibility for repaying the debt. This condition is usually specified in a tripartite debt transfer agreement for the peace of mind of the creditor.

Important! If the obligations to repay the debt are specified in the agreement, and the total amount of the debt is not specified, such an agreement will be considered invalid.

Letter of claim to the debtor

It is drawn up in order to resolve the dispute at the pre-trial stage. The lender offers to repay the debt within the agreed period and reach a compromise through negotiations. If consensus is not reached, then such a document is submitted along with the claim to the court for a legal resolution of the conflict. Then such a paper becomes confirmation that the applicant tried to resolve the problem peacefully, but the counterparty ignored this step. A written complaint is resorted to in case of non-refund of funds for:

• loan agreement;
• OSAGO;
• purchase and sale;
• unjust enrichment;
• collateral;
• transport expedition;
• surety;
• construction contract;
• rent

The claim is drawn up before filing a lawsuit in court

Similar relationships can arise between organizations and private citizens. When the injured party acts as a legal entity, you should fill out a sample letter of claim for repayment of receivables. The document reflects the nature of the relationship between the enterprise and the debtor and shows that one of the parties to the transaction did not fulfill its obligations (did not provide the declared service, did not provide products). Then the paper specifies the volume of planned work, the nature of the activity and the costs of providing it.

The format of such documentation does not have a rigid structure. When compiling it, it is enough to adhere to the standard rules.

Letter form

It is better to prepare it and send it to the addressee in paper form on A4 sheet by registered notification via Russian Post. This is due to the fact that it is impossible to prove delivery and reading of the electronic version by the debtor. Only paper delivered by mail serves as a guarantee of fulfillment of obligations under the transaction. Moreover, the fact of sending a written notice must be documented, especially when filing a claim to recover money in court. The applicant is obliged to prove to government agencies that he has taken all measures to reach an agreement pre-trial. Confirmation of his actions will be a postal confirmation of the message delivered to the addressee. The paper is drawn up in a free form, but when writing you should adhere to a business style.

Contents of the document

To collect an overdue debt, a letter of claim for debt repayment must be issued. It reflects the standard points that should be in such a document. It is permissible to refer in the application to articles and excerpts from regulatory legal acts. Such papers spell out the specific circumstances that provoked the conflict and provide ways to resolve it. The structure of the document has several sections:

1. Reason for writing. The initiator lists the reasons why he decided to send a claim (primary accounting certificates, receipts, agreement).
2. Amount of debt. The author indicates the interest rate, writes how many penalties and fines the borrower must pay, attaches calculations, and also indicates the total amount.
3. Term. The applicant indicates the period (from two weeks to one month) during which he will wait for the repayment of the monetary debt.
4. Sanctions. All actions that will be taken if the request is ignored are listed.

The letter is written in free form

The written request must indicate the bank details to which the defaulter must transfer the money . At the end of the paper, the plaintiff puts the date of writing, stamp and signature, and then sends it to the addressee. Such documentation is legal in nature and serves as a warning. It must indicate the consequences of non-compliance with the terms of the transaction. If there is no action on the part of the borrower, the lender resorts to strict measures that are prescribed in the message sent.

Tripartite debt transfer agreement: retention period

The tripartite debt transfer agreement is signed in 3 copies (one for each party). The storage period of the agreement depends on the period of fulfillment of contractual obligations. Once the obligations are fulfilled, the contract ceases to have legal force. However, you should not destroy the document at this stage. The agreement is kept for 3 years. Moreover, it is calculated from the moment the terms of the contract cease to be relevant. For example, if the debtor undertakes to pay the entire amount of the debt in 2 years, then the tripartite agreement can be destroyed 5 years from the date of its signing.

Sample letter of claim for debt repayment

It contains the contacts of both parties to the agreement and the plaintiff’s company seal. For each case, its own copy is compiled. For this reason, there is no one size fits all situation. However, there is a standard format in which such documentation is drawn up. On the top right it is written from whom and to whom the application is being sent. In this case, legal addresses and places of actual residence are indicated. The following describes the reasons for applying.

To the director of Stroitel LLC, Ilya Ilyich Ivanov

Address: 600000 Moscow, Leningradsky Prospekt, 2

From citizen Peter Petrovich Perov

Address: 600000 Moscow, st. Moskovskaya, 1, apt. 1

Claim

Dear Ilya Ilyich! According to the concluded agreement No. 3 dated May 20, 2019, your company was supposed to deliver 15 windows within two weeks from the moment the agreement was signed.

The contract has not yet been fulfilled, the windows have not been delivered. The employees of your company did not provide information about the fate of the cargo and delivery time.

According to the Charter of urban ground electric and road transport (Article number 14, part 3), the goods are considered lost. I demand payment of damages in the amount of 100,000 (one hundred thousand) rubles. The justification and calculation of the financial claim is attached to this message.

If the request is ignored and there is no money transfer within two weeks, the appeal will be sent to the court.

04.06.2019

_________ Perov P.P.

The letter must be sent by courier

If the recipient is unable to satisfy the requirements within the established period, it is permissible to amicably agree on changes in payment, breaking the debt into several parts or prolongation. It is preferable to send the notification by mail or fax. In this case, care should be taken to provide documentary evidence of the fact of reading. Only in this case is it possible to take measures aimed at returning funds and resolving the conflict without court.

Procedure for drawing up and signing

A standard form or example of filling out a contract can be easily found in any legal system.

The contract is drawn up in accordance with the number of parties. If notarization or state registration of the agreement is required, an additional copy is signed.

If the agreement is signed by a representative, it is necessary that the other parties have documents confirming the authority of the representative (order for the director, power of attorney).

IMPORTANT: The form of the debt transfer agreement must correspond to the form of the agreement under which the Initial Debtor incurred a debt to the Creditor:

• clause 4 art. 391 Civil Code of the Russian Federation;
• Art. 389 of the Civil Code of the Russian Federation.

The agreement comes into force from the date of signing, unless other conditions are determined by the agreement itself or by law.

Agreement on the transfer of property on account of debt: the essence of the document

The transfer of property to pay off debt must be carried out only with the consent of both parties to the agreement. Without this factor, the document cannot be drawn up, and property worth up to 30 thousand rubles, according to Art. 87 Federal Law No. 229 “On Enforcement Proceedings”, the debtor will be able to implement it independently to repay the debt. If this amount is exceeded, the property will be sold to specialized organizations through bidding. If both parties agree, it is possible to conclude an agreement, a standard form of which can be downloaded at the bottom of this page. The agreement contains the following clauses:

• Subject of the agreement;
• Obligations of the parties;
• Calculation procedure;
• Responsibility of the parties;
• Validity;
• Actions of force majeure;
• Resolution of disputes and disagreements.

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Agreement on the transfer of property on account of debt: features

The procedure for assessing the transferred property is a characteristic stage for this agreement. Property valuation must be carried out in accordance with the rules specified in Art. 85 Federal Law No. 229 “On Enforcement Proceedings”. According to the rules of this article, the assessment of property provided to repay the debt must be carried out by a bailiff and an appraiser, otherwise the transaction for the transfer of property may be terminated by one of the parties to the process.

An important nuance in the implementation of this agreement is taking into account tax obligations in the process of implementing the operation of transferring property to pay off the debt. It is important to understand that such a transaction will be subject to VAT, which means that it is necessary to issue an invoice and include this invoice in the VAT return.