“Trust, but verify” - this is the saying of popular wisdom. Often situations arise in life when you have to borrow money to other people.
Do not tempt fate
In most cases, a loan occurs on parole, but it does not always happen that the borrower is in a hurry to repay the debt, because such a transaction has no legal force. Therefore, there is a risk that he will not give back the funds he has borrowed. Remember that monetary relationships often spoil even the most friendly and family ties. Therefore, in order to avoid troubles and omissions, it is better to play it safe by compiling a receipt, which, whatever one may say, is a legal document, as well as your guarantee for the return of the debt.
What are the basic rules for drawing up a receipt?
It is very important that such a document possesses all the relevant details: who, whom, when, and how much borrowed money. If there is a percentage for using the amount, it should also be reflected in the receipt. It is good if the document is written by the borrower himself, personally and supported by his signature. The receipt can be made with witnesses or certified by a notary, but even without this, this document has legal force.
Debt relationships are in writing. Of course, if the amount of debt is close to a minimum (less than 10 minimum wages), then the law provides an opportunity to conclude a transaction without written delay (verbally). The logic of the compiler of the law is such that in the event of non-repayment of such an amount, the creditor will not incur significant financial losses, and the solution of issues of debt obligations of such sizes is in the plane of conscientiousness and integrity of the parties.
And yet this does not mean at all that debt obligations, the amount of which is not so significant, are exclusively oral. With the desire of the parties to avoid any kind of misunderstanding, it is quite acceptable to draw up a receipt or contract. In some cases, a document can be certified by a notary (of course, if the amount is small, such actions are somewhat inappropriate, but the indicated solution to the issue has the right to exist).
Some moments
All liabilities for debts, the amount of which exceeds 10 minimum wages, are recorded exclusively in writing. Otherwise, the person providing the loan loses the right to invoke evidence testifying to the actual existence of the debt obligation.
The most popular method of fixing the case of transfer of funds is a bond receipt. It is quite simply made out. The main thing is that it be correctly and legally correctly drawn up, then you will not have problems in the process of asserting your legal rights in court proceedings (if the debtor refused to repay the debt for no apparent reason).
Court bill
If the refusal of the debtor to refund the money will force you to turn to the help of the court, then during the consideration of the case the receipt, personally drawn up by the person who borrowed the money from you, will be most welcome. It will be possible to conduct a handwriting examination, which, if the case is successful, will serve as a clear confirmation that your claims are not unfounded.
If the mentioned document was compiled using a computer and only the signature is present on the borrower's own records, such an examination is impossible (even an expert who is not professional in his field will confirm this) because the research material ( handwriting) is not presented in the required amount. The conclusion follows: the document must be drawn up by the hand of the person who borrowed the funds.
Notarized note
The receipt does not need notarization, and so - in the case of legally competent drafting - it serves as proof of the return of borrowed funds. But if you have a great desire to spend time and lose a certain amount of financial resources, you can safely visit a notary public, this is not forbidden by law.
Receipt form
What should a debt receipt look like? Its form is not established by law, but the document must necessarily contain the following information:
- Surname, name and patronymic of the borrower and lender. Such a document cannot be anonymous. In addition, here it is also necessary to indicate the names of those present when compiling the receipt of witnesses, if any.
- Passport details of the person accepting the funds and the person giving them. In the event that the borrower is married, the spouse’s passport details are also indicated, and a record is made that he / she is aware of the loan and has no objection.
- Loan amount (in figures and words).
- Refund terms.
- Signatures of the parties.
- It is also necessary to indicate where and when the receipt was made.
In addition, the document must indicate that the funds were actually received. The most important condition for the receipt is that it should not cause absolutely no doubt in its authenticity. The document should not have places where you can enter anything at any time, various corrections and blots are not allowed, and reductions are also excluded. To avoid errors in the preparation of the document, it is recommended to use a sample receipt (presented slightly below).
Statute of limitations
A debt receipt, the statute of limitations of which is very important to indicate, must have a loan repayment date. Without it, it is not possible to determine the limitation period according to the existing requirement, therefore, the receipt itself has no legal force, since it is not subject to protection in court (remember this!).
Receipt example
A bond receipt, an example of which we will consider below, is not notarized. Therefore, the very fact of the transfer of funds must be certified by the signatures of at least two witnesses, who at the end must indicate their passport details, full name, registration address and put personal signatures.
RECEIPT
I, Peter Antonovich Frolov, born in 1963, living in the village. Zabugornoe of the Kanavinsky district (identification number 00000000, SI passport No. 000000 issued by the Kanavinsky District Department of the Ministry of Internal Affairs on 10/15/1986), I give this receipt to US citizen Phil Jones, born in 1961, born in Newcastle, that I, Frolov P. A., received money from Phil Jones in the amount of 100 (one hundred) US dollars.
Interest free loan. I undertake to repay the loan in full by March 25, 2013.
Handwritten
May 30, 2011 signature - P. Frolov
Present:
1. Lazarenko Yuri Viktorovich, who lives in the village. Zabugornoe, st. Cobblestone, 12.
May 30, 2011, signature
2. Drygina Anastasia Arkadevna, living in the village. Zabugornoe, st. Cobblestone, 14.
May 30, 2011, signature
This document can be a good example of how a bond with witnesses is drawn up.
Sample debt receipt with interest
RECEIPT
I, Peter Antonovich Frolov, born in 1963, living in the village. Zabugornoe of the Kanavinsky district (SI passport No. 000000, issued by the Kanavinsky District Department of the Ministry of Internal Affairs on 10/15/1986), I give this receipt to US citizen Phil Jones, born in 1961, a native of Newcastle, that I am Frolov P.A., received money from Phil Jones in the amount of 100 (one hundred) US dollars at 12 (twelve) percent per annum.
I undertake to repay the loan in full by March 25, 2013. I undertake to pay interest once every 5 months (or indicate a different period by agreement of the parties).
Handwritten
April 1, 2010 signature - P. Frolov
Present:
1. Lazarenko Yuri Viktorovich, who lives in the village. Zabugornoe, st. Cobblestone, 12.
May 30, 2011, signature.
2. Drygina Anastasia Arkadevna, living in the village. Zabugornoe, st. Cobblestone, 14.
May 30, 2011, signature.
A debt receipt with interest, the sample of which we examined above, puts the borrower in a certain framework, but it plays into the lender's favor. Conversely, the lender does not bode well for the lack of information in the document on the borrower's specific obligation to pay interest for use along with the loan amount. Special attention is paid to percent, since there are a number of nuances in this issue.
So, the mentioned part of the money, according to the agreement, can be paid absolutely in any order, but if the terms are not agreed upon, then the payment should occur on a monthly basis. If, according to the agreement, it is intended to provide a loan in foreign currency, then the borrower, subject to an interest-free loan, must return not only his debt in rubles, but also the difference that may arise due to the fall of the national currency.
Receipt form
A debt receipt, the form of which contains such details as the name of the document, the text of the receipt and the place of its writing, can be safely used in court. Consider an example of a specific form.
RECEIPT
____________________ "___" ___________ 20___
I, ________________________________________________, passport: series ______, No. ___________,
issued ______________________________________________________________________________,
registered ______ at: __________________________________________________________,
____________________________________________________________________________________,
received from __ ___________________________________________________, passport: series ______, No. ___________, issued ________________________________________________________________,
registered ____ at: ___________________________________________________________,
____________________________________________________________________________________,
funds in the amount of __________ (amount in words) rubles and I undertake to repay the debt until ________________________ 20____ year.
Note: here you can specify the conditions for the payment of interest for use and the penalty for failure to fulfill obligations.
"__" __________ ____ year _______________ / _______________ /
Debt receipt for a car. Sample
I, Ekaterina Vasilievna Somkina, passport series 0000 No. 00000, issued by the Department of Internal Affairs of the Basmanny Department of Internal Affairs of the Central Administrative District of Moscow on June 12, 2004, received from Yaroslav Vitalievich Filatov, series passport No. 000000, issued by the Department of Internal Affairs of the Fili-Davydkovo of Moscow on March 11, 2003, a sum of 300,000 (three hundred thousand ) Russian rubles for a Chevrolet Niva vehicle, vehicle identification number X9L0000000000. According to the contract of sale of a car concluded by the parties on November 5, 2011
Payment is made in full.
05. 11. 2011 _______ Somkina E.V.
Similarly, a debt receipt with interest can also be issued. A sample of all documents can be provided by a consulting company, whose specialists are able to objectively assess situations from different angles. They can also advise you on this issue in order to avoid going to court or other unpleasant situations in the future.
Simple rules
Like any other document, a bond receipt has certain compilation rules and characteristics, namely:
- Mandatory indicate the passport data of both parties under the contract;
- the amount should be stated in rubles, but at the same time be in equivalent to hard currency;
- indicate the exact percentage. Otherwise, they will be charged in the amount of bank interest. discount rate which may be unprofitable for you.
A debt receipt is precisely a written document that confirms both the fact that the borrower received the appropriate amount of money and the existence of a loan relationship between the citizens who make it up.
But not every receipt allows you to recover your money from the debtor through the court if the latter violates the terms of the loan. The reason for this phenomenon often lies in errors that deliberately or carelessly make by the borrowers when preparing the aforementioned document.
How is the receivable repaid?
Standard activities that lead to partial or full repayment of missed payments by the debtor begin with phone calls, letters and visits to management. The presented action plan is effective when the debt is short-term. In more difficult situations, debt collection is carried out in the proceedings.
Each stage has its own characteristics and takes a certain time. Coordination of actions with state bodies and arbitration judges may be carried out. The main goal of all these measures is to obtain a court decision in favor of the plaintiff.
To do this, the latter submits documents to the court. Having accepted them, the secretary, who is present at the reception with the judge, and the clerk must sign, indicating the incoming number, and put stamps on your copy of the claim. The secretary is also obliged to give you a receipt that he received a statement from you indicating all the papers provided by you. The mediators, in turn, must objectively judge the parties, since it is they who are responsible for ethical and legal norms.
Download bond form
