Does the receipt have legal force? This question was probably asked by every person who borrowed a large amount of money at least once in his life. The article discusses the legal aspects of a receipt loan.
Loan deal
According to the current legislation, a loan agreement recognizes a transaction between two persons. As a result of this transaction, one person transfers money to another, the counterparty accepts this money and undertakes to return it within the time period specified by the parties to the agreement.
It should be borne in mind that a loan implies not only the transfer of money into debt. The subject of the loan may be any things and objects. And according to the Civil Code of the Russian Federation, such a transaction is considered concluded after the transfer of the loan to the borrower has been made.
Deal form
The form of the transaction in question is regulated by Art. 808 of the Civil Code, where it is stipulated that an agreement between the parties must be drawn up in writing. There is an exception - if the loan amount is less than ten times the minimum wage, the transaction can also be made orally.
It is this article that decides that a receipt in court can serve as a confirmation of a contract. Of course, in addition to the receipt, such document may also be other written evidence.
Thus, the question of whether the receipt has legal force is directly permitted by the legislative act.
Essential conditions
What is this connected with and why is a hand-written receipt is such a significant document for the court? The fact is that the legislation does not define a specific sample or form of a loan agreement, according to which the parties must carry out the transactions in question. As you know, in order for a transaction (bilateral or multilateral) to gain strength, it is necessary that both the lender and the borrower come to an agreement on all its essential conditions. It follows that having reached such an agreement, the parties thereby concluded a deal.
What are the essential conditions of a loan agreement? He has only one thing - this is the subject of the loan. In simpler terms, the parties are obliged to indicate in detail what is the subject of the contract in the contract being concluded. That is, if it is money, then you need to specify the amount. If these are some things or objects, then they should be described and personalized, indicating their characteristics.
Consequently, a loan against a receipt is completely legal, and such a receipt, in which all its essential conditions are indicated, will be considered a properly executed loan agreement.
What else must be indicated in the receipt
And although in order for the contract to be considered concluded, it is enough to indicate only the parties and the subject of the contract, it is better to mention other conditions. So that the receipt loan does not carry any other risks, it is advisable to indicate the last name, first name and patronymic of both counterparties, their passport information, as well as the address of residence and registration in this document. The latter is necessary in order to know where to file a claim in case of non-repayment of the debt, since the lawsuit is filed with the territorial judicial authority where the defendant resides (in this case, the borrower).
In addition, lawyers recommend indicating the date of return of money in the receipt. A private person may issue loan money against receipt without specifying such a period, however, this may subsequently complicate the procedure for collecting money through the court.
So, if such a period is indicated, then after it you can immediately contact the courts, and if the term is not mentioned in the contract, then the lender will first have to send a request to the borrower to repay the loan. And only after thirty days, if he does not repay the debt, it will be possible to go to court.
Notary's receipt
Does the receipt have legal force if it is not issued by a notary public and in the absence of witnesses? This question also worries many people. The legislation does not stipulate that a loan agreement must be necessarily executed in a notarial form. Accordingly, such a contract drawn up at a notary's office and a receipt written by the borrower personally without witnesses and a notary public will have equivalent legal force.
The only thing is that in the future there will be disputes between the lender and the borrower, in which the latter will declare that he was pressured or something like that, then the notary can act as a witness in court. This is due to the fact that when committed notarial acts he is obliged to check the legal capacity of the person, whether it is under the influence of alcohol or other psychotropic substances.
Thus, a receipt through a notary is the best option in terms of possible risks, but at the same time it will have the same strength as a receipt made in a simple form.
Sample
What should a cash receipt look like? A sample of it is approximately the following:
“I, Semenov Ivan Sidorovich, born on September 11, 1990, living and registered at the address: Cherepovets, st. Seventh, house 67, passport of the series 4321 No. 654321, issued by the Department of Internal Affairs of the Leninsky district of Moscow, borrowed from Sergeyev Mikhail Danilovich, born on 02/12/1990, living at the address: Cherepovets, st. Seventh, house 68, passport series 1234 No. 123456, issued by the Department of Internal Affairs of the Central District of Moscow, cash in the amount of 221,000 (two hundred twenty one thousand) rubles. I undertake to return it before 11/11/2016. Number. Signature".
At will, it is not forbidden to include other conditions in the receipt, which parties consider necessary. Such conditions will also be considered material. 
Thus, it is not difficult to understand whether the receipt has legal force. Yes, it does, if at the same time it is framed in accordance with the requirements of the law, that is, if it contains an agreement between the borrower and the lender on all the essential terms of the transaction. However, it is recommended in any case, before concluding a transaction, consult about the possible consequences with professionals in their field, including legal experts.
