Acting as a lender is always risky. Therefore, it is better not to rely on an oral agreement, even if a close friend or relative is in the role of the debtor. In order to protect yourself and be sure that the funds will nevertheless return, even if the person is unscrupulous and does not want to repay the debt voluntarily, you should fix the loan on paper. For this, compiled IOU. How to make this document will be discussed in this article.
The receipt of the refund will be a guarantee that the debt will either be returned to the lender either peacefully or through a court. And here you should not be shy at all to offer the design of such a document when someone asks for a loan, especially a large amount of money. Because life quite often presents not very pleasant surprises and even close people sometimes fail.
Definition of the term
A receipt for a refund is a paper on which the fact of transfer of finances and obligations previously agreed orally is recorded in writing. This document is a sufficient reason to recover the funds lent. However, it will gain legal force only if the drafting complies with the established procedure.
Compilation rules
The basic rule is that the receipt for the return of funds must be handwritten and compiled by the person to whom the loan is granted. The authorship of the document will be a strong evidence of the transfer of a certain amount in court proceedings, if suddenly the case goes so far. A handwriting examination will show who wrote the receipt for the refund, and the debtor will not be able to evade responsibility.
There are no special forms of the standard form for the preparation of this document, and therefore you should take the usual A4 sheet. It is worthwhile to understand that a piece of paper torn from a school notebook can hardly inspire confidence and be presented as a serious document. However, such cases also occur in judicial practice.
The document must contain full information about the borrower and the lender, including passport data (number, series, by whom and when it was issued), address of residence and registration, as well as date of birth. The amount transferred must be written in letters and numbers.
First of all, the borrower must be indicated, and after - the one who gives. A receipt for a refund, the sample of which is presented in this article, is quite simple.
What currency to lend?
According to article 317 of the Civil Code, absolutely all monetary obligations must be expressed in national currency. But what if a person lends money that he kept in foreign currency? After all, with the instability of the ruble, you can lose a pretty decent amount of money until the debtor returns all the funds. In this case, the transferred finances should be indicated in rubles with the equivalent amount in the required currency, according to the exchange rate of the Central Bank of Russia. It should be noted here that the borrower must return the funds taking into account this equivalent.
The document should also indicate the interest rates of the debt and the terms of their repayment, if such conditions are put forward by the lender. You must also indicate the final maturity.
Receipt when buying a car
Nowadays, few people can pay a round amount of money with a large purchase, because many people are looking for installment options in installments.In such a transaction, a receipt is issued for the return of funds for the car. It also needs to adhere to the rules described above regarding the details of the parties to the agreement, the amount, the full repayment period, as well as the part that must be returned monthly.
In this document, it should be indicated that the subject of the receipt was the cost of a car of a certain brand and year of manufacture, color, with such and such state license plates.
The receipt should indicate that after the full repayment of the amount for the car, the seller agrees to reissue it to the buyer.
Receipt when buying an apartment
A receipt for a refund of money for an apartment can be made at the time of execution of the contract of sale, when the seller agrees to give his property in installments. As a rule, it is not provided for the entire cost of housing, but only for some part. Usually when buying in installments, interest is not set.
In addition to the details of the parties (the buyer, who undertakes to regularly pay the agreed amounts, and the seller), in such a document it is necessary to indicate the address at which the apartment is located, and its technical characteristics: floor, residential and total area.
Such a receipt must necessarily contain a clause on the seller’s obligations, which, after fully paying off the price of the apartment, will reissue documents for the buyer.
Receipt of payment for services
Quite often, recently in installments began to provide various services. For example, this practice is quite common in private clinics, dentistry, in the work of lawyers and so on. And a receipt on the refund of money for the services rendered will become a guarantee that the payment from the client will be returned in full. In such a document, in addition to the details of the parties mentioned above, and the amount of money, it should be indicated for which services the debt appeared and what, in fact, the debtor will pay.
