Mẫu giấy xác nhận công nợ, nhận nợ và cam kết trả nợ 2022

Debt confirmation form? Sample debt confirmation agreement? Sample letter of commitment to pay debt? How to file a claim for repayment? Obligation to repay past due time committed? In what cases will the property be distrained to repay the debt?

The issue of debt and asset-based fraud is increasingly complex. Therefore, when the parties lend and confirm the debt, it is necessary to have clear documents and minutes to ensure the interests of the parties to avoid undue infringement of their rights.

Lawyers for legal advice on lawsuits to request online debt repayment:

In this article, Duong Gia Law will provide the latest debt confirmation form, debt confirmation agreement form and debt repayment commitment.

1. Debt confirmation form:

Download Debt Confirmation

SOCIALIST REPUBLIC OF VIETNAM

Independence – Freedom – Happiness

———————

DEBT CONFIRMATION

Today, day… month… year… at…

We include:

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1. PARTY A:….

CNIC: …..

Phone:…

Email:…..

Permanent address:…..

Current accommodation:….

2. PARTY B:.

CNIC: …..

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Phone:……

Email:…..

Permanent address:….

Current accommodation:….

Agree to sign the Agreement with the following terms and conditions:

Article 1: Debt confirmation agreement:

Through verification, the two parties agree to confirm that as of date … month… … Party B owes Party A a total amount of:….VND (in words: …….), in which:

– Original debt:……. VND;

see more: Sample minutes of debt confirmation, latest debt handover in 2022

– Interest: ……. VND.

Article 2: Commitment of Party A:

– Party A will create the best conditions for Party B to fulfill its committed obligations.

– Remove the debt payment obligation after Party A has completed the payment obligation as committed.

Article 3: Commitment of Party B:

– Party B commits to pay both principal and interest before…

– If Party B is late to pay as agreed, it will be responsible for the amount of late payment corresponding to the interest rate of …%/day.

Article 4: GENERAL TERMS:

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This Minutes takes effect from the time of signing.

The minutes are copied into two copies of equal value, each party keeps one copy.

A SIDE B SIDE

2. Form of agreement to confirm debt:

Download the debt confirmation agreement

SOCIALIST REPUBLIC OF VIETNAM

Independence – Freedom – Happiness

——————————

AGREEMENT OF DEBT CONFIRMATION

see more: The latest form of debt reconciliation and debt reconciliation 2022

Today, day…month…year…at…………

We include:

A side: .….

CNIC:…

Phone:….

Email: ….

Position: ….. Company Representative:…

Permanent address:…..

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Current accommodation:…

B side:……

CNIC: …..

Phone:….

Email: ……

Permanent address:….

Current accommodation:…..

Agree to sign the Agreement with the following terms and conditions:

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Article 1: Debt confirmation agreement:

Through comparison and confirmation, the two parties agree to confirm that as of date … month…… company… owes Party B a total amount of:…….VND (in words:…….), in which:

– Principal debt:……VND;

– Interest: …….. VND.

Article 2: Commitment of Party A:

– Party A will pay the debt before the date … month … year …

– Party A will use all personal assets to pay debts to Party B as agreed

– If Party B is late to pay as agreed, it will be responsible for the amount of late payment corresponding to the interest rate of …%/day.

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see more: The latest form of debt clearing and settlement minutes 2022

Article 3: Commitment of Party B:

– B will create all conditions for Party A to pay debts on time.

– Allow Party A to use all personal assets to pay debts.

– Eliminate the debt repayment obligation for the company … and the members of the company (except Party A) and do not ask anyone other than Party A to pay their debts.

Article 4: GENERAL TERMS:

This Minutes takes effect from the time of signing.

The minutes are copied into two copies of equal value, each party keeps one copy.

A SIDE B SIDE

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3. Sample letter of commitment to repay debt:

Download the commitment to repay the debt

SOCIALIST REPUBLIC OF VIETNAM

Independence – Freedom – Happiness

——————————

PAYMENT PAYMENT PAYMENT

Dear:…….

I/we name:….

ID card/ business registration: …… Date of issue:…. Issued by:………

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Permanent address / Head office:..

Phone:…

Email:…

I/we hereby undertake to ……. payment of debts (including principal and interest) before …month……

If I/we do not perform as committed, I will be responsible for late payments corresponding to the interest rate of …%/day.

……., day month Year…

The individual/juridical person commits

(Sign and write full name)

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4. How to sue for debt repayment?

Question summary:

I was in a relationship with someone before. I dropped out of school and was promised by him to help with the application for re-school. He wanted me to tell my family to pay 10 million dong for school. But when he took my money, he said that I did not register in time and the money was deposited in the bank waiting for another installment. I did not agree, so I asked for my money back, but now he said he gave the money to others to invest, the money can only be paid slowly. How do I get my money back?

Advisory lawyer:

You can agree to give him a specific time for him to pay you. If he keeps giving reasons for not paying you can sue him in the district people’s court where he resides to be resolved. The order and procedures are in accordance with the provisions of the Civil Procedure Code 2015.

Article 191 Civil Procedure Code 2015 Regarding the procedure for receiving petitions,: The court must receive the lawsuit petition filed by the involved party directly at the court or sent by post and must be recorded in the petition receipt book. Within five working days after assigning a judge to consider the lawsuit petition, the court must consider and issue one of the following decisions:

– Request for amendment and supplementation of the lawsuit petition;

– Carrying out procedures to accept the case for settlement;

– Transfer the lawsuit petition to the competent Court and notify the petitioner if the case falls under the jurisdiction of another Court;

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– Return the lawsuit petition to the petitioner if the case is not within the jurisdiction of the Court.

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Clause 1, Article 195 of the 2015 Civil Procedure Code provides for the Court’s acceptance of cases as follows:

After receiving the lawsuit petition and accompanying documents and evidences, if deeming that the case falls under the jurisdiction of the Court, the Judge must immediately notify the petitioner so that they can go to the Court to carry out the procedures for filing the lawsuit. court cost advances in case they have to pay court cost advances.”

And Clause 1, Article 174 of the 2015 Civil Procedure Code provides for the notification of the acceptance of the case as follows: Within 03 working days from the date of acceptance of the case, the judge must notify in writing the plaintiff, defendant, agencies, organizations and individuals with interests and obligations related to the case. settle the case, inform the procuracies of the same level that the court has accepted the case.”

Finally, Article 203 of the 2015 Civil Procedure Code stipulates that the time limit for trial preparation for your case is 04 months, if it is complicated, it can be extended for one more time, no more than 02 months.

5. Obligation to repay overdue debt within the committed time:

Question summary:

Hello lawyer, I have a question: I lent a neighbor an amount of VND 70 million. I have made a paper and time commitment to pay and they have signed to confirm properly but every time it is time to return they beg for money. Lasted for several years now. I want to get it all but don’t know how. Is my case eligible to go to court?

Advisory lawyer:

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When a contract is established, there will arise rights and obligations between the parties and the obligations of the borrower specified in Article 466 of the 2015 Civil Code.

In this case, you have a loan document and an agreement on the repayment term, when the time is up, you have the right to ask the borrower to return the borrowed amount along with the amount if any. If the borrower has not yet paid after the repayment period, you will be charged overdue interest from the time the loan term expires. Since you have requested repayment and the debtor fails to pay, you absolutely have the right to sue in court to ask the borrower to pay you back.

6. In which case the property will be distrained to repay the debt:

Question summary:

Hello lawyer, I have a question about assets declared for civil judgment enforcement. My mother owes money to a few people and has not paid it off, the creditor files a lawsuit. I am in the process of transferring my parents’ land documents to my name. There are only 2 motorbikes left in my father’s name and a piece of land exploited from the past without papers. I ask the following:

– 2 cars with a value of less than 50 million will be distrained?

– Is the land my father exploited in the past without a land document to be declared?

Sincerely thank!

Advisory lawyer:

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According to the information you provided, your mother has some debts that have not been paid off, and the creditor has filed a lawsuit in court. It is not clear how much debt your mother is owed for her own purposes or for the whole family. According to Clause 3, Article 71 of the Law on Civil Judgment Execution, amended and supplemented in 2014, there are provisions on measures to enforce judgments: Distraint and handling of assets of judgment debtors, including property held by third parties.

Will two cars with a value of less than 50 million be distrained?

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According to the above law, two motorbikes with a value of less than 50 million can be distrained, unless your father can prove that it is separate property. In case when the property is distrained, the two motorbikes mentioned above have vehicle papers in your father’s name, according to the provisions of Clauses 1, 2, 3, Article 96 of the Law on Civil Judgment Execution 2014 as follows:

“first. In case of distraint of traffic means of judgment debtors, enforcers shall request judgment debtors and people who are managing and using such means to hand over such vehicle registration papers, if any.

2. With regard to means of traffic being exploited and used, after distraint, enforcers may seize or hand them over to judgment debtors or current managers and users to continue exploiting, using and preserving managed but not transferred, pledged or mortgaged.

In case of handing the judgment debtor, the person currently managing and using the vehicle to continue operating and using the means of transport, the enforcer shall issue such person a record of seizure of the registration paper so that the vehicle is allowed to participate in traffic. pine.

3. Enforcers have the right to request competent authorities to ban the transfer, pledge, mortgage, lease or traffic restriction of distrained vehicles.”

Thus, when distraint property are the above two motorbikes, your father must hand over the papers to the enforcer of the judgment enforcement agency according to the above provisions.

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Is the land my father exploited in the past without any land documents?

This land may be subject to property distraint because it can be considered the common property of the husband and wife, ie the property of your parents (first, the undocumented land is continuously exploited by your father, no there is a dispute; second, this land is part of your mother’s contribution during the marriage). According to Article 110 of the 2014 Law on Civil Judgment Execution:

1. Enforcers shall only distrain land use rights of judgment debtors who are permitted to transfer use rights in accordance with the land law.

2. The judgment debtor has not yet been Is the land use right certificate granted who fall into the case of being granted a certificate of land use rights according to the provisions of the law on land or subject to the planning subject to land recovery, but have not yet had a decision on land recovery, they may still distrain and handle the land use right. use that land“.

Thus, for the above land without papers, property can still be distrained.

Chuyên mục: Biễu mẫu

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