Receipt of a cash loan between individuals. How to write an IOU - download sample

A debt receipt is used by many citizens when receiving or issuing money in loans. This document is a confirmation of the transaction.

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However, it is worth understanding all the nuances and features of a receipt for a loan of money in 2019. There are both legislative moments and provisions that relate to the format, structure and procedure for processing this document.

What it is

A receipt is a personal document that is designed to protect the rights of both the borrower and the lender.

It is worth noting that the use of a debt document is allowed for transactions that are concluded between:

• individuals and individuals;
• individuals and legal entities.

Each of these types of receipts has its own characteristics of filling. However, a single unified form has not been established by law. Therefore, you can fill it out in a free form.

A receipt is a small sheet of paper that contains the main items related to the debt. The more nuances are included in this document, the easier it will be to conduct a transaction.

Definitions

What is its purpose

In case of delays, the creditor has the right to sell the IOU. Penalties for delinquency on IOUs are much tougher than in banks.

If a penalty is simply charged in MFIs and banks, then a private lender has the right to demand with him. And this must be done within 30 days. Otherwise, everything can end up in court and enforcement.

The main purpose of the receipt is to confirm the conclusion of a loan transaction and report on the receipt of funds under the agreement from the lender to the borrower and vice versa.

Legal framework

As for the legal side of issuing loans against receipt, here you should refer to the Federal Law.

This document contains provisions on how to conclude a loan transaction. talks about lending conditions in the case of consumer loans. They should be distinguished from business loans.

The receipt should also indicate the total cost of the loan. This is written in. This item allows you to immediately assess the strength and not fall into credit slavery.

A debt receipt in the legislation of the Russian Federation is considered an instrument that is used exclusively in civil relations.

Therefore, the main provisions regarding this document are placed in. Detailed information regarding receipts is contained in.

The second paragraph says that in the case of drawing up the main agreement, the receipt can be provided as an additional document. But it should be understood that the use of such paper is also allowed as a separate legal document.

How to write a letter for a loan of money

The main purpose of the receipt is its legal force before the court. Therefore, before compiling this document, you should know some rules for filling out paper.

Indeed, in case of errors and inaccuracies, the court may not accept this document as evidence in the trial. And this will significantly reduce the chances of winning the case.

When entering data, you should remember the following nuances:

Subject to these simple rules, the greatest degree of legal force of the receipt can be achieved. Therefore, you should carefully prepare a sample, and after that proceed to fill it out and conclude a deal.

Where can you apply for a loan

Loans for the population and for legal entities are provided by different organizations. Most often, these loans are issued by individuals.

To find the most suitable option in terms of borrower requirements and loan terms, you should compare different lenders. This can be done using various services.

Various private investors place their ads on special Internet sites. The search is carried out using a special form. The required amount is entered into it and the program issues a list of the most suitable options for creditors.

Photo: Internet platforms for posting ads

Money on a loan against receipt in Moscow is issued at a service organization. This company collects the necessary documents, sends them to MFIs or private lenders. After approval of the application, the borrower can choose the appropriate option from those offered.

Photo: loan calculator MFO Zaim 911

How to write a document (sample)

In order for the form to be the most effective control tool, it should contain as many details of the transaction as possible.

The title of the document must contain the name of the document, the city of the conclusion of the transaction and the date of the receipt.

The following example can be used as an example:

At the very end, the details of both parties are placed in the form of a series and number of a passport document and full name. Also, the IOU is signed by both the borrower and the lender.

At what amount do you need to make

The legislation of the Russian Federation provides for two types of conclusion of debt transactions. The first is a verbal agreement.

They have the right to conclude it only if the amount of the transaction does not exceed 10 times the minimum wage.

The second case is a written fastening of the loan agreement. So, if the amount of the transaction exceeds the limit established by Russian law, it is necessary to draw up a written document.

To date, all loan transactions, the amount of which exceeds 1 thousand rubles, must automatically be executed in paper form.

If between individuals

IOU in most situations is a tool to control agreements between individuals.

Indeed, in the case of legal entities, it is worth drawing up separate loan agreements - they are more efficient and have greater influence.

In the case of individuals, an IOU is a document that can be used not only to conclude monetary relations, but also when transferring things for use.

With, there are more chances to choose the best option in terms of lending.

Indeed, in most situations, such a lender decides to issue funds based on their own ideas about the borrower. And such a deal can be concluded immediately.

Plus, such a document has a formal meaning. If a loan is taken from relatives and friends, then a receipt is the easiest way to document it.

You do not need to pay a lawyer for it and you can draw it up yourself and without errors. What can not be said about the loan agreement.

Do I need to notarize

When drawing up a receipt, it should be understood that such a document has little legal force. If in the case of relatives and acquaintances it is unlikely that judicial penalties will have to be carried out, then such a document should not be notarized.

In addition, the amount of the transaction also matters. When it is a small loan, you still have to pay for a notary. And this fee may even exceed the total cost of the loan.

Therefore, such an assurance would be extremely disadvantageous. But in the case of large transactions, it is worth protecting yourself. A notarized receipt will be useful not only for the lender, but also for the borrower.

Since such a document in court becomes the basis for the consideration of the case and the main evidence.

To check the lender or borrower for the possibility of fraud, you should offer him to certify the document. Usually such people immediately refuse to conclude a deal.

Document validity period

There are several nuances that determine the validity of the receipt. It should be understood that the calculation of the limitation period for such a document begins from the date of the end of the loan period.

What is a promissory note and what is the responsibility of the parties when drawing up such a document? How is an IOU drawn up correctly, what money-back guarantees does it provide? You will find answers to all these questions in the article below. You can also download a sample IOU here.

The amount of money borrowed has not only a different purpose, but also a volume - someone takes a loan for personal needs or a large purchase, and someone to increase working capital in business. One way or another, in order to guarantee the repayment of the debt, especially when it comes to impressive amounts, it is recommended to draw up loans on paper. If credit organizations, when issuing loans, draw up loan agreements, then in order to receive a sum of money from individuals, a so-called promissory note is issued. So what is an IOU? This is an official document that confirms the fact that a certain amount of money has been borrowed. The receipt is personally transferred by the borrower to the lender at the time of transfer of money.

Note that the conclusion of a written agreement for a loan amount exceeding 10,000 rubles at the time of the transaction is regulated by Part 1 of Art. 808 of the Civil Code of the Russian Federation.

Based on Part 1 of Art. 162 of the Civil Code of the Russian Federation, in the absence of a written loan agreement, in cases of disputes, the parties cannot refer to testimonies to confirm the transaction and the conditions for the return of funds. A promissory note or other document confirms the loan agreement and its terms in accordance with Part 2 of Art. 808 of the Civil Code of the Russian Federation, which, in turn, determines the existence of obligations between the borrower and the lender regarding the loan and the return of the corresponding amount of money. However, it is worth noting that, alas, not every promissory note can ensure the recovery of money from the debtor in case of violation by the latter of the agreements. The main reason for this fact is an incorrectly drawn up document.

Mistakes that are often made when issuing a promissory note

Judicial practice shows that quite often there are cases of incorrectly issued promissory notes that make it difficult or even impossible to collect the amount of debt from the borrower. We present the main ones.

Mistake 1. The IOU does not individualize the person who received the amount of money. For example: “This receipt was given by me, Petrov Petr Petrovich, that I received a sum of money in the amount of 25 thousand rubles from Ivanova Marina Ivanovna as a loan.” Often, such errors in IOUs can be found in the case of a loan between persons who are in friendly or family relations, and as a rule, the attitude to the document is a pure formality. However, if a dispute arises regarding the return of a debt, in order to prove that it was this Petrov Petr Petrovich who received the loan amount, you will have to undergo a handwriting examination. Another example of this error is the fact that there is no information about the creditor in the promissory note. For example: “This receipt was given by me, Petrov Petr Petrovich, born XXXX, a native of the city of XXX, passport XXXX No. XXXXXXX, issued by XXXXXX, registered at XXXXX, that on May 01, 2014 I received a sum of money as a loan in in the amount of 25,000 rubles with a maturity date of May 01, 2015. The proposed wording of the text for the IOU in the event of litigation regarding the return of the debt may suggest that the debtor may submit to the court a completely different loan agreement, with the same date and amount, but indicating other data about the borrower (for example, someone from his relatives or friends). Reporting that the document that was submitted by the plaintiff, and directly related to this agreement, was lost by the lender, but the loan took place.

Error 2. The IOU was drawn up without indicating the fact that a specific borrower received a certain amount of money. For example: “This receipt was given by me, Petrov Petr Petrovich, born XXXX, a native of the city of XXX, passport XXXX No. XXXXXXX, issued by XXXXXX, registered at XXXXX, that on May 01, 2014 I agreed with Ivanov Ivan Ivanovich on a loan a sum of money in the amount of 25,000 rubles. Such a wording of the promissory note can lead to the fact that an unscrupulous borrower in the future, when the deadline for fulfilling the debt obligation to return the amount of money, will assert that the loan has been agreed, but by no means about receiving it. Based on Art. 812 of the Civil Code of the Russian Federation, the borrower has the right to challenge the loan agreement for its lack of money, presenting arguments in court proving the absence of the fact of transferring money. If the court accepts the position of the borrower, the loan agreement (promissory note) will be declared invalid, and the lender will be refused to satisfy the claims for debt collection.

Mistake 3. When drawing up a debt receipt, the purpose, term and conditions for the return of the amount of money received as a loan may not be indicated. For example: “This receipt was given by me, Petrov Petr Petrovich, born XXXX, a native of the city of XXX, passport XXXX No. XXXXXXX, issued by XXXXXX, registered at XXXXXX in that on May 01, 2014 I received XXXXX from Ivanov Ivan Ivanovich .r., a native of the city of XXX, passport XXXX No. XXXXXX, issued by XXXXXX, registered at XXXXX, a sum of money in the amount of 25,000 rubles. This wording of the IOU allows the borrower, in the event of a dispute, to claim that the amount indicated in the document was received as payment for any action (purchase and sale agreement, received as a gift, etc.), and subsequently become the main reason for the impossibility of returning money to the lender.

Mistake 4. When the conditions for issuing a loan are not indicated in the IOU, namely: is the loan targeted / non-targeted; debt repayment period; the interest rate or loan is interest-free. So, if the loan was provided to the borrower for some specific purposes, but they were not covered in the IOU, the lender is not entitled to demand early repayment of the amount, even if these funds were spent for other purposes. In the absence of a refund period in the receipt, on the basis of Part 2 of Art. 314 of the Civil Code of the Russian Federation, the borrower is obliged to repay the loan within 7 days from the moment the lender submits claims for its return. If the borrower does not make contact and avoids meetings with the lender, it will be very problematic to prove the fact of presenting claims for the return of funds and the existence of an overdue loan repayment period. The absence in the debt receipt of information about the interest rate for the use of other people's money can also lead to controversial proceedings, including in the case.

If there is no note in the debt receipt about the obligation of the borrower to pay a penalty in the presence of a delay in repayment of the debt, the lender is not entitled to require the debtor to pay it, which is regulated by Art. 331 of the Civil Code of the Russian Federation, which states that, regardless of the form of the main debt obligation, the agreement of the parties on the payment of a penalty must be made only in writing.

Mistake 5. IOU printed on a computer. This form of drawing up a document may lead to a dispute by the borrower of the fact of putting a signature with his own hand, and in the future, the need for a handwriting examination. This mistake, respectively, will entail a delay in the collection of debt and unnecessary financial costs. In addition, if the borrower's signature includes a small number of characters, the expert may well issue an opinion that it is not possible to establish the correspondence of the characters on the receipt of the borrower's (debtor's) signature.

Mistake 6. There are corrections in the IOU written by the borrower himself. Remember that any corrections in documents relating to cash loans may subsequently adversely affect the proof of the reliability of information data, namely: the amount of the loan, the repayment period and the amount of interest.

How to write a debt receipt

As a rule, an IOU does not have an established form of writing; the document can be drawn up both in a simple written form and notarized. A properly drawn up promissory note has full legal force and does not require certification by a notary. However, it should be noted that in case of disputes regarding the return of the debt in court, a notarized document will significantly speed up the process, excluding any claims of the borrower. So, the IOU must be written by the borrower himself, not have any corrections and inaccuracies. This document must contain:

1. information that individualizes the lender and the borrower (full last name, first name, patronymic, date and place of birth, passport details, information about registration at the place of residence, contact numbers);
2. information indicating that a certain amount of money is transferred from the lender to the borrower as a loan; the amount of the amount must be indicated in figures and in words;
3. conditions on the basis of which the loan was issued, namely: target / non-target, repayment period, interest rate for the use of funds or interest-free loan.

In addition to the above points, in order to reduce the risk of non-return of funds, it is recommended to include several important conditions in the promissory note, namely:

• Requirements for the payment by the borrower of a penalty in a certain amount in case of timely failure to return funds.
• Requirements for the possibility of considering any disputes regarding the amount issued as a loan and receipts in the judicial authorities at the place of residence of the lender. This condition can have a positive effect in the event of disputes over debt repayment, if at the time of drawing up the debt receipt the borrower is registered in another city, or immediately after receiving the funds, he changed his place of residence.

This requirement can be written in the document on the basis of Art. 32 of the Code of Civil Procedure of the Russian Federation, according to which the parties involved in the contract (debt receipt), by agreement, can establish territorial jurisdiction for the case.

• The requirement for the borrower to understand the legal consequences of issuing an IOU. This condition must be written personally by the borrower, and in the event of a dispute, the lender has the right to refer to the fact that the borrower, upon receiving the funds, was fully aware of the consequences of his actions.

Are Witnesses Required When Drafting an IOU?

Despite the fact that the current legislation of the Russian Federation does not contain conditions confirming the need for witnesses when concluding a loan agreement, the presence of witnesses when transferring money and obtaining an IOU is not prohibited. In cases of litigation, the presence of witnesses confirming the fact of the transfer of money, as well as the conditions for their return, can play an important role. Based on the foregoing, the lender has the right to require the borrower to include in the text of the IOU information about the witnesses present at the time of the transfer of money.

Important! When repaying a debt (full and partial), the lender must issue a receipt to the borrower on receipt of the amount of the debt and return the IOU taken earlier when applying for a loan. A receipt on receipt of funds from the debtor may be replaced by a corresponding inscription on the document returned to him.

Which is not in the legislation, is an official document confirming the transfer of funds from one citizen to another. As a rule, many people, being on friendly terms with the borrower, do not pay much attention to its preparation, after which they cannot get their savings back even in court. This is due to the fact that the personal data of the persons indicated in the receipt is incomplete or not spelled out at all. Therefore, the preparation of such a document must be taken responsibly.

Necessity

A debt receipt, a sample of which must contain the personal data of both parties and comply with the terms of the loan agreement, is a written confirmation that the money was transferred by a person to another citizen for a certain period of time, after which, he is obliged, for example, to return the funds with interest for their use .

In the event that this does not happen, the lender has every right to go to court. The main evidence here will be the provision of an IOU. That is why it is necessary to pay special attention to its compilation.

Registration

A debt receipt, a sample of which we will provide in our article, must contain the following information:

• data of a citizen (borrower of money), address of his residence and registration, number and series of a document confirming his identity, you can indicate the place of work;
• surname, name and patronymic of the person who transferred the funds to the debtor, his telephone number and place of residence, passport details;
• the amount of money in words and the return period;
• interest on the use of the loan;
• signature of the person who received the money.

In addition, this document may provide for other conditions, as well as the presence of witnesses, whose testimony can be used in the event of a dispute being considered in court.

Debt receipt (sample)

00.00.00 city ____________

I, _______________ (full name), details of an identity document _____________, residing at _____________, place of work _______________, received funds in the amount (in figures and in words) from a citizen _____________, a passport ______________ registered at the place of residence _____________ and undertake to return them _______ ( date in full). For each day of delay, interest will be ____ (%).

The date__________

Borrower's signature _______________ (explanation)

Consequences

In the event that the debt receipt, the sample of which was provided, does not contain the proper amount of information about the borrower of funds, then it will be practically impossible to receive them from a person later. It is for this reason that this document must be drawn up correctly and accurately. And also contain the possible terms of the loan agreement.

In addition, a citizen who lends money to his friend or relative should not forget that relations between people can deteriorate over time or be interrupted for good, and a receipt will only be documentary evidence that a person really borrowed money and did not return it. For the court, this is a weighty argument. The testimony of witnesses, if they are indicated in such a document, will also not interfere.

For example:

Debt receipt (sample)

00.00.00 city __________________

I, (full full name)____________________, passport data ______________, place of residence _________, working in ____________, took money in the amount of ______________ (in full in numbers and words) from a citizen __________, an identity document ___________, registered _________ and undertake to return them _______ (date).

The date________

Borrower's signature _____________ (explanation)

Witnesses - two people:

1. citizen ___________, document data ___________, residing _________;

2. __________ (full name), passport and address.

The preparation of a receipt must be approached very seriously, so first you need to draw it up in a draft version and carefully review the main conditions. Might have to add something. A sample IOU in receipt of funds should contain as much information as possible about the borrower and lender, because in the future this document may be required by the judicial authorities.

This document is compiled in any form. After that, from the submitted sample, the borrower can write a receipt on a blank sheet of paper with his own hand and sign. This will be the best option, since if the debt is not repaid, it will be possible to make a handwriting examination and present its result to the court.

Conditions

Each receipt for a certain amount of money is a loan agreement, only in an abridged version. However, it must also contain the main terms of repayment of the debt and interest for delay.

A sample promissory note for receiving funds is filled out as follows:

00.00.00 year place of compilation (city, region, region)

I, (full name), passport _______________, issued by _________, working ______ (name of organization), residing at _________, received _________ thousand rubles 00 kopecks (in full words) from _______ (lender's data), number and series of document ____________ registered on the street _______, house ______ apartment _________. I undertake to return the funds with interest (____%) by _______ (exact date). In case of delay, I guarantee the payment of an additional amount in the amount of _____ rubles per day.

The date_________

Signature and transcript of the borrower ______________________

in writing

When transferring a certain amount on credit to another person, even a relative or acquaintance, it is necessary to draw up a receipt. This is especially necessary in cases where the loan amount exceeds one thousand rubles. That's what civil law says. Otherwise, it will be impossible to challenge such a transaction in court if its form is not observed, as well as to prove the transfer of a large sum of money to another person.

With witnesses

After the IOU of an individual, a sample of which you can see in our article, is signed by the borrower, the fact of the transfer of funds can be confirmed by other persons. In this case, it will only strengthen the effect of the legal document. In addition, the signatures of witnesses on the receipt, as well as their testimony, can be used in court if the borrower does not repay the debt on time.

Mistakes

If the receipt was drawn up incorrectly, without meeting certain conditions and individualizing the borrower as the person to whom the money was transferred, this may lead to the fact that another citizen will not be able to return his funds in the future. In addition, it will be quite problematic to prove the fact of the conclusion of the transaction.

The following is an example where the sample IOU in receiving funds is incorrect:

I, ___________ (full name) received from a citizen ___________ (full data) _______ thousand rubles 00 kopecks. I confirm this fact with my signature.

From this example, it is clear that such a receipt will not have any legal force. Because the persons in it are not individualized (passport details, date of transfer of funds, place of residence of the borrower and type of activity, as well as the date of return of money are not indicated). Therefore, the court will not accept such a document to resolve the disputed issue. Such mistakes occur when people are in friendly and family relationships and do not think about unpleasant consequences.

I, ______ (full name) agreed with a citizen _____________ (full data) to receive a loan from him in the amount of _______ thousand rubles 00 kopecks until 00.00.00.

Number and signature ______________

In this case, it is impossible not only to individualize a person, but also to prove the very fact of transferring money. Because in such a receipt we are talking only about the plans of one person to lend funds to another.

Another incorrect example of a legal document that does not specify the conditions and procedure for a refund:

By this receipt, I __________ full name and passport data, I confirm the fact that ________ thousand rubles have been transferred to me, by a citizen __________ (full data and address of residence).

Number and signature of the borrower_________

Only the fact of receiving money is recorded here, but the conditions for their return are not specified. Therefore, such a receipt can be regarded as an agreement to donate funds from one person to another, since going to court with such a document would be a waste of time and effort.

Situations in which any amount of money is urgently needed happen to everyone. It is not necessary to resort to bank loans or go to a pawnshop, a microfinance company.

Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and IS FREE!

A loan agreement or a receipt between individuals in 2019 is considered quite legal for citizens of the Russian Federation.

But when using these methods of obtaining a loan, you should be aware of some nuances. They will protect you from mistakes and scammers.

What you need to know

It will indicate the direct transfer of funds. Such a document is a guarantee for both the borrower and the lender. After all, in the event of litigation, the receipt will be attached to the case.

Basic concepts

What is the purpose of creating

When making a loan transaction, one of the mandatory items is drawing up a contract. What is it for? This document is the best way to regulate the relationship between those who issued it and those who are obliged to repay it. loan agreement is possible.

The contract specifies the following points:

• the total cost of the loan - including commissions and interest rates for the entire loan period;
• interest rates and penalties for late payments;
• schedule for making amounts for and amounts of payments;
• the need for collateral.

All these points help to prescribe the terms of the loan more clearly and structured so that there are no misunderstandings. The receipt can exist as a separate document and as an annex to the agreement.

In any case, it is filled out for the following reasons:

1. To regulate the moment and fact of the transfer of the subject of the loan.
2. In the event that litigation is necessary, this document will play an important role.
3. Control the spending of funds - indicating in the receipt the purpose for which the money is issued.

In each of these options, the receipt will be an additional document that controls both the borrower and the lender. Therefore, in most cases it is recommended not to neglect the preparation of this document. A sample promissory note is possible.

Current regulations

One of the main legislative acts that regulates the preparation and filling of a loan agreement is. It should be understood that this law does not apply to loans for non-consumer purposes.

The receipt is directly mentioned in. Paragraph 2 provides for the possibility of using such a document as an annex to the loan agreement.

The mirror position is contained in . It states that both the borrower and the lender, at the first request of the other party, must provide a receipt on receipt of the obligation and withdrawal of claims from the borrower.

If the lender refuses to draw up such a document, then the borrower may not pay the debt to the end and go to court. Then it is not the borrower, but the lender, who is considered overdue.

If it is necessary to completely replace the entire loan agreement with a receipt, then they rely on. It says that between civilians there is a place to be a replacement for a loan agreement.

Design highlights

According to the current legislation of Russia, a loan agreement can be drawn up in two forms:

In order to draw up an agreement between individuals, it is not necessary to use a loan agreement. After all, this document is complex and voluminous. So, for its registration, most often you should resort to the help of lawyers.

People who do not have the opportunity to contact a specialist use the simplest and most profitable option for paper fixing a transaction - a receipt. This document contains all the necessary information about the agreement.

It is worth noting that such paper does not need to be certified by a notary. It is simply sealed with the signatures of the parties to the transaction.

In the case of significant amounts of money or expensive items of the transaction, it is worth contacting a specialist and even notarizing the agreement.

General rules for drawing up when obtaining borrowed funds

The loan agreement and the receipt have their own drafting features. After all, each of these documents is designed to contain both the main provisions of the agreement and the nuances of the transaction. This should not be forgotten.
If the receipt is a brief description of the obligations, then the contract takes into account all the details of the agreement.

The main part should include:

1. name of the borrower.
2. Name of the lender.
3. Passport details of both parties.

It should be noted that currency transactions between individuals in Russia are prohibited. However, the contract may indicate the amount in foreign currency and in the Russian equivalent. It should also be entered that the return of the amount must be carried out at the rate at the time of the return of the debt.

But there is one condition for such a calculation - the loan amount must exceed 5 thousand rubles. Only in this case will automatic accrual of interest occur.

It must also be remembered that if a loan is granted on an interest-free basis, this feature is indicated in the title of the document - in the name of the loan. Otherwise, it will be considered as a percentage.

What guarantees does the document give

Each lender and borrower must understand that either a receipt for a loan between individuals does not guarantee the return of the debt.

The need to borrow money arises for each of us at least once in a lifetime. However, even when borrowing money from relatives, it is better to document the transaction. A well-written receipt for receiving money between individuals will avoid any financial risks.

What it is

A receipt should be understood as a document confirming the transfer of funds from one individual to another. It does not matter in what form the loan agreement is drawn up (orally, in writing or notarized). A receipt is always attached to any loan agreement.

The contract specifies the terms of the transaction, the date of fulfillment of obligations, the amount of debt and a number of other justifications. Even if the parties agree orally, they still must draw up a receipt and sign it. It is this document that will prove the transfer of funds.

In the event of a dispute, the defendant can always confirm the existence of financial relations with the plaintiff. However, if the receipt is missing, then the applicant will not be able to prove that he lent money to the defendant.

Consequently, no one will be able to prove the fact of payments on the principal debt either, if the defendant does not require a receipt from the lender that he receives funds in payment of the debt.

Even in the presence of witnesses, the testimony of third parties in court is not valid. The receipt has legal force and can be used as evidence in court. It is impossible to draw up an agreement without a receipt and also use an oral agreement without drawing up this document.

Does it guarantee

It is impossible to completely protect yourself from the risk of non-repayment of debt by 100%. Any borrower may experience unforeseen situations and force majeure circumstances. Such cases must be taken into account and discussed in the loan agreement.

You can legally protect yourself if you follow certain recommendations:

• proper execution of the contract and receipts;
• take a receipt from the lender on the regular receipt of funds by him in payment of the debt in accordance with the established payment schedule;
• the document must contain the dates of preparation, receipt and transfer of money, the signatures of all participants in the transaction.

If the lender does not receive payment from the borrower on borrowed funds, then he has the right to file a lawsuit in court. As evidence of the transfer of a certain amount to the borrower, there will be a receipt, a loan agreement, a payment schedule, checks for transferring funds through a bank, card or current account.

If the debtor refuses to voluntarily fulfill his obligations, the court makes a decision on the forced collection of the debt. The lender receives a copy of the decision and ruling of the court and sends this document to the Bailiff Service. Execution begins. The borrower receives a writ of execution on the need to repay the debt.

If the debtor has no property belonging to him, the presence of official work and earnings, the collection of funds will be extremely difficult. Every second inhabitant of Russia receives money in "white envelopes", and transfers his property to the next of kin.

As coercive measures, a ban on traveling abroad, the seizure of a current account can be put. If the issue cannot be resolved voluntarily, then the presence of all completed documents, including a receipt, will make it possible to convince fate that the borrower received the money and is in no hurry to return it.

Video: How to write

Sample letter of receipt for a loan between individuals

A loan receipt between individuals is drawn up quite simply.

All you need to do is enter all the necessary information:

• date of compilation and place;
• full registration data of the borrower and lender, including the series and number of the passport, place of registration and residence;
• the amount of borrowed funds, indicating the figures in words;
• the size of the interest rate for the use of borrowed funds;
• last date of payment;
• indicate the contract number.

Before lending money, you should carefully study the financial characteristics of the borrower.

With interest

In the receipt, a point should be highlighted to indicate the amount of accrued interest for the issued funds .

If these conditions are not in the contract, then the following rules should be followed:

• the size of the interest rate is determined from the size of the refinancing rate at the location of the lender;
• interest is paid monthly.

These rules come into force if they are not reflected in the contract or receipt.

No interest

A receipt may imply the absence of accrual of interest on a loan if:

• the debt does not exceed 50 minimum wages;
• not issued for business purposes.

secured by real estate

This transaction has the fact of the transfer of property owned by the debtor on bail. As a rule, titles for a car, a certificate of ownership of real estate, and so on, act as collateral. They are kept by the lender until the full fulfillment of the debt obligations of the borrower.

In some cases, the lender may require a receipt from the borrower that he undertakes not to sell or re-register the mortgaged property. As a rule, a power of attorney is issued indicating such conditions and notarized. The term of such a power of attorney should not exceed the term of the loan agreement, otherwise, it is better to destroy the power of attorney later.

These types of receipts confirm the fact of the transfer of funds. When determining the type of debt itself, it is necessary to indicate all the components of the transaction, additionally drawing up a loan agreement.

Otherwise, this transaction can be considered interest-free or with the presence of return rules operating on a general basis.

Basic rules for compiling

The legislation does not establish specific rules for issuing a receipt, but only gives recommendations:

• formalization in writing;
• indication of all details of the transaction, interest, transfer of real estate;
• drawing up an application for the transfer of specific documents to the lender;
• indicate all the data allowing to identify the person as accurately as possible;
• It will not be superfluous to take photocopies of the passports of the participants in the transaction;
• the borrower fills out the document with his own hand and gives it to the lender for safekeeping.

After all obligations of the borrower are fulfilled, he has the right to demand a receipt from the lender, which will indicate the full amount of the return and the absence of claims.

You can note the main data that should be reflected in any receipt.

An agreement, copies of passports, copies of certificates of ownership of property or real estate of the borrower can be used as an application. It is necessary to ensure that the underlining was as legible as possible.

A receipt for receiving money between individuals is drawn up by the borrower and deposited with the lender. It is necessary to indicate all the data on the participants in the transaction, the amount of debt and the date of return of borrowed funds, as well as the rules for their return.

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These rules will make it possible to protect the lender as much as possible from the risk of non-repayment of funds and use the receipt as an evidence base.