Receipt for a loan of funds form. Loan receipt between individuals
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? it official document, which 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 evidence 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
As shows arbitrage practice, quite often there are cases of incorrectly issued promissory notes, which 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 on friendly terms 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. Proposed wording of the text for an IOU in the event of a litigation regarding debt repayment, it 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, one of his relatives or acquaintances). 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 denied 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 the address XXXXX in that on May 01, 2014 I received from Ivanov Ivan Ivanovich XXXX g .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 a 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 the return of the amount in early order even if the funds are used 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 difficult 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 repaying 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 loan amount, 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 the event of disputes regarding the return of debt to judicial order, a notarized document will significantly speed up the process, eliminating 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:
- information that individualizes the lender and the borrower (full surname, name, patronymic, date and place of birth, passport data, information on registration at the place of residence, contact numbers);
- information indicating that the amount of money in certain size transferred from the lender to the borrower as a loan; the amount of the amount must be indicated in figures and in words;
- 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 items, in order to reduce the risk of non-return of funds, it is recommended to include several important conditions, 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.
- Borrower Understanding Requirement legal consequences issuance of a debt receipt. This condition must be written in the borrower's own hand, 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?
Although current legislature The Russian Federation does not contain conditions confirming the need for witnesses when concluding a loan agreement; the presence of the latter when transferring money and receiving 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.
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When the parties enter into a credit relationship, an appropriate, oral or written agreement is concluded between them. Individuals are accustomed to making a receipt.
How to make a proper receipt in 2019. What information should be included in it.
What it is
A receipt is a document confirming the transfer of funds from one individual to another.
Regardless of how the parties have concluded, the receipt will be an annex to it.
A contract is an agreement between the parties. That is, it prescribes all the agreements that the partners have reached among themselves regarding the transfer of funds on loan.
If a disputable situation arises, then the receipt will be proof that the lender transferred, and the client received a certain amount of funds. If the document is missing, then it will be quite difficult to prove the fact of transfer.
But not only the creditor can require the applicant to issue him a receipt. When repaying the debt, in parts or at a time, the borrower also has the right to demand its issuance on receipt a certain amount funds to pay off a debt under a specific contract.
If it does not exist, then it will be necessary to prove the fact of transfer in other ways. For example, the testimony of witnesses. But, their court does not always take into account. Therefore, it is an important document.
Why is it necessary
A receipt is required precisely to confirm the fact of receipt of funds from the lender to the applicant, and vice versa. It is drawn up in writing with a description of the subject of the transaction. That is, you need to accurately indicate the amount transferred - first in numbers, and then in words.
The receipt is the document that is taken into account by the court when considering such disputes. It makes no difference whether it is certified by a notary or not.
But, there are a few nuances that should be taken into account. It:
| Receives its legal force | only if there is a loan agreement or an application with a request to lend a certain amount |
| Can only be made by adults | the document must detail the personal data of each party to the contract. This is necessary for the indisputable identification of persons in the event of a dispute. |
| It must be indicated that the borrower undertakes to repay the entire debt exactly within the period specified in the agreement (or application) | and it is recommended that the document be notarized. This will be additional evidence in court that the transaction was made. In addition, the notary, before certifying the document, will check it |
| Specify the amount of the debt and the repayment period | the signatures of the parties must correspond to the samples from the contract and passport |
Reflection in legislation
In said what is real. That is, it is considered concluded from the moment the funds are transferred. And this moment is confirmed by a receipt.
But in the Civil Code of the Russian Federation there is no indication that the parties are required to draw up this document. It is at the discretion of the parties.
Video: money on receipt. Lawful example and pattern
Sample receipt for money loan
The form of the receipt is not approved by law. But, as judicial practice shows, the more detailed it is, the faster disputes are resolved in court.
In order for the document to have a more significant "character", it must contain the following information:
You can write the text yourself, or you can print it on a computer. But, lawyers recommend writing by hand, in case of a graphological and handwriting examination.
Between individuals
The receipt must be drawn up in such a way that neither the court nor the notary has any doubts about the fact of the completed loan transaction. Therefore, all information should be specified in as much detail as possible.
The general rules for compiling the document are given above, so citizens must adhere to them.
Interested
In Art. 809 of the Civil Code of the Russian Federation states that the lender has the right to charge interest from the borrower for the use of his funds.
In order for a loan to be considered interest-bearing, the amount of interest is indicated in the contract itself, and then in the receipt. The methods of paying the principal debt can be different - at a time or annuity, but it is better to pay interest on the loan every month.
If the parties did not write down these conditions in the agreement, and, as a result, did not reflect in the "body" of the receipt, then the interest is calculated based on the refinancing rate of the Central Bank of the Russian Federation on the day the loan was issued and at the location of the lender.
If the creditor will not charge interest, then he must make a direct indication of this in the contract.
Gratuitous
This is called a loan agreement, if the lender does not charge the client interest for the use of funds. That is, how much he borrowed, the same amount must be returned after the expiration of the contract.
The law does not oblige to charge interest in the following cases:
- The amount of the borrowed amount does not exceed 50 minimum wages.
- Funds are issued for personal, not business purposes.
If the subject of the transaction is a certain thing owned by the lender, then it will also be interest-free.
secured by real estate
In this way, additional credit or loan is provided. Information about the subject of the pledge is prescribed in one of the contracts. Both of these methods are legal. There is no need to prescribe the conditions of the pledge in the receipt. It is enough that it will contain a link to the loan agreement, in which the subject of the pledge is described.
However, the client may demand from the lender a receipt that the collateral will not be sold or leased to him while the borrowing period is in effect.
Legal subtleties in registration
There are certain requirements for signing up. It:
| Must be in writing | there is no oral form |
| In it you need to write down all the details of the trace | that is, you need to specify:
|
| Each side | must indicate their data exactly as they are written in the passport |
| Copies of the passports of the parties to the transaction can be attached to the receipt. | and a copy of the contract itself. But, it is not necessary and it is desirable that it be filled out by hand, and not printed on a computer. |
All these nuances help the parties in resolving disputes. Therefore, the more detailed it is, the better.
Document Form
The receipt must be certified by a notary. This is necessary in order for the parties to be sure of the correctness of its abandonment. Before certifying the document, the notary will conduct its legal analysis. If violations of the norms of the law are revealed, then he will not certify the paper until the errors are completely corrected.
In addition, information about the certified document will be stored in the archive of the notary. Therefore, if one of the parties decides to "lose" the receipt, the other party will always be able to prove that the document was.
There is no oral form. The receipt is drawn up in 2 copies and signed by both parties.
One copy remains for each side. This document confirms the fact of the transfer of funds. That is, the copy held by the borrower confirms the fact of receipt, and the copy of the usurer confirms the fact that he gave the money. Partners should keep their copies in case of litigation.
What should contain
How to write a receipt for a loan of money so that it is accepted by the court if a dispute arises between the parties. It must contain all the information about the transaction. The more detailed the document is, the easier it is for the parties to defend their rights.
The document must indicate:
| Parties' data | it is desirable that they be identical to the passport |
| Place of compilation | that is, the locality where funds are transferred on credit |
| The amount is indicated in full, first in numbers, and then in words | the accuracy of the indication is down to kopecks. If the loan is issued in the currency of another country, then you need to specify the rate of issuance of funds and the rate of return |
| You need to put the date of receipt | This is the date on which the term of the contract begins. |
| At the end of the receipt, each party must sign | in addition, each signature must be decrypted. It must match the sample in the passport. If the document is printed on a computer, then it is desirable that the borrower, signing the document, write his last name by hand. If this information is not in the document, then it may be invalidated by the court. |
The receipt can include, if desired, the parties, and the following information:
| Refund period | to avoid confusion, you need to specify a specific return date. For example, 08/25/2019. It is not recommended to indicate this way: "In six months." If the parties do not prescribe the term for repayment of the debt, then the borrower will be obliged to return the funds within 30 days from the date of receipt of a written notice from the lender. The term of the receipt for the loan of money is limited by the period of repayment of the debt to the creditor |
| specific interest rate | if we are not talking about large amounts, then the interest is indicated for the month of using the funds. You also need to specify the amount of the penalty for late payment. |
| force majeure circumstances | here you need to describe those circumstances that may lead to a delay in the loan, but will not entail liability in the form of a fine and penalties. The parties may describe these circumstances themselves. For example, an unexpected illness of a client |
If the subject does not return the debt on time, then the creditor must take measures to recover. To do this, he can send him a written demand for the return of the debt along with interest.
It is the creditor who must ensure that the notice is delivered personally to the debtor. If there is no response from the debtor, the lender has the right to sue him.
You can sign up at any time. Even if the loan funds have already been issued, you can draw up a document “backdating”. But this requires the consent of the other party.
Existing risks
There are risks in any trade. Borrowing is no exception. The existing risks include:
| One of the parties may act in bad faith towards the other | this applies to both the lender and the borrower. The applicant can claim that he did not receive any amounts, and the lender - that he gave out much a large amount. It is against such risks that an IOU insures |
| Risk of losing your funds | The lender is always risking his own money. For example, a client may go bankrupt, and then the moneylender will lose the entire amount |
| The risk of losing the item | This is the borrower's risk. If he secured the loan with his property, and cannot return the funds on time, he risks losing the collateral in favor of the lender |
| The risk of a "debt hole" | the client cannot return the funds on time, for this he takes another loan from another lender to pay off. And then he takes another one, and so on! Such actions can lead to the fact that a person will drive himself into huge debts. |
To borrow required amount It is not necessary to immediately go to a credit institution. It is much more profitable to contact friends or relatives. When it comes to a small loan, both parties usually get by with an oral agreement. But if a quite decent amount is transferred to the debt, it is advisable to draw up a loan agreement or a receipt.
What is a receipt and why is it needed?
An IOU is made up in cases where one person transfers a certain amount of money to another. A prerequisite at the same time is the return of funds within the stipulated time.
Most lenders (persons transferring funds) are sure that drawing up a receipt guarantees the payment of a debt, but in practice it often turns out differently. An incorrectly drawn up document will not be able to help in a situation where the debtor refuses to return the money.
In a situation where a large amount is transferred, they usually turn to a lawyer and a notary to draw up a full-fledged loan agreement.
If we are talking about smaller loans, individuals are limited to drawing up a receipt confirming the fact that the borrower has received money.
The Civil Code, and specifically in, indicates what is drawn up in cases where the transferred amount exceeds the minimum wage by 10 (or more) times.
At the same time, the law on the minimum wage establishes another rule: if civil obligations are calculated depending on the minimum wage, the amount of 100 rubles is taken as the basis. It turns out that a loan agreement can be drawn up when lending 1000 rubles or more.
The second part of Article 808 of the Civil Code states that a receipt can be drawn up in support of a loan agreement. Drawing up a receipt confirms the fact of transfer of funds or things.
It turns out that a receipt can be a document proving the existence of civil law relations between two individuals, however, it is not always possible to return money through a receipt alone.
Can a receipt protect against non-payment of a debt
A receipt for a loan of money between individuals is not always a guarantee of debt repayment. The document will not be able to help if it was incorrectly drawn up.
Below are a few examples of incorrectly drafted IOUs:
- The document is limited to indicating only the full name of the borrower, while passport data is not indicated. Example:
“I, Ivanov Konstantin Petrovich, give a receipt that I received a loan from Konstantinov Petr Ivanovich in the amount of 10,000 rubles.”
With such a receipt, it is very difficult to prove that Ivanov Konstantin Petrovich is the same person who borrowed money from Konstantinov P.I. To confirm the document, a whole range of measures will be required, including a handwriting examination.
- Some receipts do not contain information about the lender. Example:
“I, Ivanov Petr Konstantinovich, born February 5, 1967, passport series 1234 number 567890, issued by the department of the Federal Migration Service of Russia for the XXXXXXX district of the city YYYYYYY, date of issue 05/01/2012, registered at the address YYYYYYY, st. xxxx, 11, apt. 14, I give a receipt that I received a loan on 02/01/2014 in the amount of 10,000 rubles with a repayment period of 05/02/2014.
Since a loan receipt between individuals is a confirmation to the loan agreement, the borrower can submit to the court a completely different agreement, which will contain all the same information, but one of the acquaintances or relatives will be indicated as the lender. In this case, the borrower may claim that he has lost a receipt for the provided agreement, and involve several false witnesses.
- Another version of an incorrectly drawn up receipt looks like this:
“I, Ivanov Petr Konstantinovich, date of birth, passport details, address of registration, I give this receipt that on 01.01.2014 I agreed with Konstantinov Ivan Petrovich, date of birth, passport details, address of registration, on a loan of an amount of 40,000 rubles ".
The difficulty for the lender is that the receipt indicates the agreement on the loan, but nothing about the transfer of money. That is, an unscrupulous borrower can claim that he did not receive any funds.
Basic rules for drawing up a receipt
In general, there are several basic rules for drawing up a loan receipt between individuals. If you do everything listed conditions, you can be sure that the money will be returned, even if this requires a trial.
So, the basic rules for compiling a receipt:
- always draw up a receipt manually, do not print its text on a computer;
- always indicate the last name, first name and patronymic in full (both yours and the borrower);
- accurately enter dates of birth, passport details and registration addresses;
- the person who borrows money must write a receipt! Otherwise, the borrower may claim that he did not draw up the document;
- all murals must come with a transcript (full full name after the painting);
- the amount of the contract must be written in numbers and in words, indicating the currency. This will protect against possible manipulations with the amount and eliminate controversial points;
- do not forget to indicate the terms of the return of funds in the receipt;
- if it is a large sum, if possible, involve witnesses. Indicate their full name and passport data. This reduces the risk of situations in which the authenticity of the document is called into question;
- If you lend money at interest, indicate the amount of this interest on the receipt.
Thus, compliance with several simple rules get rid of possible problems both the lender and the borrower. The main thing is to decide in advance on what conditions a loan is issued, and indicate these conditions in the receipt.
Always double-check the receipt for errors, and if any are found, draw up a new document.
Video: Money on receipt. Lawful example and pattern
If a person has an urgent need for money, it is not necessary to immediately go to a bank or a credit institution. At such a moment, friends or relatives can help out. If we are talking about a small loan amount, then usually nothing is needed other than verbal agreements. And in order to receive a serious amount, it is appropriate to draw up a receipt or a loan agreement.
A debt receipt is a document guaranteeing the protection of the rights of citizens in relations where one party transfers funds for temporary use, and the other accepts them.
According to the Civil Code, a receipt is formally issued if the borrowed amount exceeds 10 thousand rubles. If the amount is less, then it is enough to conclude an oral agreement on the timing and procedure for the return of funds. Although signing up for writing It is possible regardless of the size of the loan, but in the latter case it will not have legal force.
The document indicates the personal data of the borrower and lender, the amount of the loan and the interest for using the money. You need to be especially careful if the money is taken in foreign currency, since fluctuations in the exchange rate can lead to monetary losses for one of the parties. Therefore, in the receipt it will be useful to indicate the exchange rate on the day the contract is drawn up.
What and when to use
The fact of transferring money in debt can be accompanied by both a receipt and. At first glance, there is no significant difference between these documents: they indicate the amount of the transaction, the maturity of the debt and the interest rate. And there are risks in both cases.
However, there is a significant difference: the loan agreement must be certified by a notary only if a large amount is borrowed, and real estate acts as collateral.
The receipt is certified by a notary when it comes to an amount exceeding ten non-taxable minimum wages. This document can be used in court as additional evidence in a case of non-payment of a debt.
What you should pay attention to
If serious errors were made during the preparation of the receipt, then it cannot be used in court to prove one's innocence and return the money.
What to look for Special attention when creating a document:
- Indication of reliable and complete information about the parties (not only full name, but also passport data). In the event of a dispute, this will help prove that it was these people who participated in the deal.
- Confirmation of the fact of the transfer of funds, indicating the exact amount of the loan. Moreover, it is important to note that the money is transferred precisely in debt, and not as a gift.
- Description of the terms of the transaction and clear terms for repayment of the debt. If the contract does not specify the terms, then the borrower undertakes to repay the debt within 30 days after the request of the creditor.
- If the subject of the agreement is a target loan, this must be indicated in the receipt. If the borrower spends money for other purposes, the lender has the right to demand repayment of the debt ahead of schedule based on a receipt.
- It is better to write a receipt by hand, since a document printed on a computer is difficult to identify by handwriting, looking at the signature alone.
- The document should not contain strikethroughs or corrections, especially in the area where the amount or maturity of the debt is indicated.
Important regulations
The main legislative act regulating the main aspects of creating loan agreements is Federal Law No. 353 “On Consumer Loan”. This law only covers consumer loans. Article 5 of the law sets out the conditions for issuing a loan, as well as the procedure for drawing up such a document. Article 14 contains information on liability for breach of agreements.
The rights and obligations of the parties are clearly spelled out in the Civil Code Russian Federation. Article 808 says that the receipt can be used as an annex to the loan agreement. And in Article 408 it is said that any of the parties may demand from the opponent a receipt on the occurrence or termination of obligations.
AT individual cases it is possible to replace the loan agreement with a receipt. This option is provided for by Supreme Court RF No. 53-ad06-2.
How to arrange
When concluding an agreement between individuals, it is important to adhere to the basic rules that guarantee the authenticity of the document in the event of litigation:
- the receipt is written only by hand;
- the body of the document contains full information about the participants in the transaction, including passport data;
- the receipt is written by the borrower;
- decoding is required near the murals (full full name);
- the amount of the transaction is written in figures and words, indicating the currency;
- you need to specify the exact terms of repayment of the debt;
- to conclude an agreement in which a large amount appears, it is better to involve witnesses (indicate their personal and passport data in the agreement);
- if the transaction involves the accrual of interest on the use of the loan, this must be reflected in the document, indicating the amount of the accrual.
The main thing is to clearly stipulate the conditions for issuing a loan and reflect this in the document being drawn up. It is important to carefully check the receipt in order to avoid mistakes, and if they occur, you need to re-create the document.
Illustrative Content Samples
The receipt is written in free form, but the essence is always about the same.
Example:
I, Kolontaeva Alena Gennadievna, born on August 31, 1977, passport 34 16 432156, living at the address, Moscow, Vernadsky Ave., 43, apt. 29. I borrow 15,000 (fifteen thousand) rubles from Malikov Igor Mikhailovich, born on August 15, 1970, passport 56 12 765890, residing at the address: Moscow, st. Avtozavodskaya, d. 8, apt. 12.
I undertake to repay the debt by June 25, 2017.
Signature (Kolontaeva Alena Gennadievna) / date.
The subtleties of the format of the loan receipt between individuals
Despite the apparent simplicity and transparency of the transaction, the execution of a receipt between individuals may be fraught with some nuances.
For example:
- The loan agreement is considered valid from the moment of transfer of funds. That is, if at the time of signing the contract there was a condition that the lender would issue money within a week, the borrower does not have the right to demand this amount earlier.
- The subject of the contract can be not only money, but also other things that are characterized generic characteristics, i.e. debt can be repaid in similar ways. For example, lumber, building materials, food products.
- Under a loan agreement, you can transfer money in foreign currencies, but in this case, you need to take into account the current exchange rate.
- If the borrower has delayed the date of repayment of the money, the lender has the right to apply to the judicial authorities to recover the penalty. However, if interest for the use of funds was not indicated in the body of the contract, then it will be much more difficult to prove this fact.
Controversial nuances
Is there a guarantee
The receipt does not give a full guarantee of the return of money to the creditor. No one is immune from unforeseen situations, including the borrower. That's why force majeure situations it is better to discuss at the stage of concluding an agreement.
To protect yourself from non-fulfillment of the terms of the contract, it is important that the documentation is drawn up correctly, it contains all necessary information. It would be right for the borrower to take from the lender a receipt for the receipt of money in payment of the debt.
If the borrower does not repay the debt on time, the creditor may go to court. And the court, in turn, can decide on the forced collection of debt from the debtor. The situation becomes more complicated if the borrower does not have property that can be withdrawn to pay off the debt or official work.
An additional measure in relation to the debtor may be a ban on crossing the border or the arrest of a current account.
Possible risks
The best way to protect yourself from financial losses is not to lend to anyone. Otherwise, there is always a risk that the debtor will not fulfill his promises.
Official documents in the form of a receipt or loan agreement will help the lender win the case in court. After the entry into the decision on the enforcement of funds, the creditor is issued a copy of this document, with which he applies to the bailiff service.
But in fact, it is not always possible to return your money, for example, if the borrower does not have real possibility pay off a debt due to lack of work or valuable property. In this case, even the court cannot influence the outcome of the case in any way.
Assurance and witnesses
In some cases, witnesses are involved in the conclusion of the loan agreement. Usually their participation is necessary when transferring large sums of money.
However, in case of hopelessness of repayment of debt under a loan agreement, testimonies will not help. They can only confirm the illegality of the actions of one of the parties during the conclusion of the transaction.
In the case of going to court, witnesses can confirm the facts and circumstances that arose in the process of signing the contract. For example: the place where the receipt was written, the persons involved in the transaction, whether the parties voluntarily came to an agreement.
The law does not provide for mandatory certification of loan agreements by a notary, this happens only at the intention of the parties. However, according to the law, it will not be possible to certify one receipt, therefore, a loan agreement with an application in the form of a receipt is certified.
Pros and cons
When concluding a loan agreement, a receipt carries both pluses and minuses:
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A receipt is a tool of civil law relations that allows you to quickly receive the necessary amount of money for use. At the same time, it is a document confirming the fact of the conclusion of the transaction, and can become important evidence in court.
Read on how to get a microloan on a passport.
The concept of a loan receipt between individuals is used in civil law relations. The rules and procedures for issuing a debt receipt are determined by the Civil Code of the Russian Federation.
Let us consider in more detail the rules for issuing a loan receipt between individuals, a sample of such a receipt, the conditions when it is issued, as well as its nuances and differences from other similar documents.
In fact, it is not forbidden by law to draw up IOUs for any, even minimal, amounts of money.
However, according to the Civil Code of the Russian Federation, from a certain level of borrowed amounts, a written loan is required. Article 808 of the Civil Code of the Russian Federation states that a loan agreement must be drawn up if the borrowed amount is more minimum size wages (minimum wage) at least 10 times.
With smaller amounts of borrowed funds, according to the legislation of the Russian Federation, a verbal agreement between individuals entering into debt relationships is sufficient.
The loan agreement regulates the rights and obligations of the parties involved in debt relations. It may or may not be notarized. In any case, the contract is not yet evidence of the transfer of a loan between individuals.
To fix this fact, a loan receipt is required.
Loan receipt form
A specific form for drawing up a receipt for a person receiving money in debt is not provided by law. If you borrow money and at the same time write a receipt for receiving money, you can do it in a free form.
You can write a receipt with your own hand, you can print the text typed on the computer and certify it with a personal signature. Both options are not contrary to the letter of the law.
However, the lender may insist on a handwritten receipt, since such a document is more difficult to forge and it will be more significant in court in case of disputes.
Do I need to sign a receipt?
According to article 163 of the Civil Code of the Russian Federation, notarization of the transaction will be required only in cases where statutory or by mutual agreement of the parties, even if this is not provided for by law.
That is, it is not required to certify a loan receipt between individuals. Strictly speaking, it is not supposed to certify. If you want to notarize the procedure for transferring money, you can draw up a loan agreement and certify it.
A receipt confirming the transfer from one person to another of the amount of money specified in the contract also has legal force.
So what is the difference between a receipt and a loan agreement?
The contract determines the amount, terms, conditions under which you can borrow. However, it is not a confirmation of such an event. A contract is an intention. A receipt is a fixation of the fact that the debtor received the agreed amount.
What must be on the receipt?
If you are going to borrow money or lend it, it is worth studying what the receipt should include.
Although the receipt should not have any certain form, it must meet a number of requirements. Having missed any seemingly insignificant details, one may later face the fact that the court will not consider it conclusive evidence.
So, let's consider what should be in the receipt:
- The name of the settlement where the transaction takes place (city, urban-type settlement, village).
- Date of transfer of money (date of origin of the loan relationship between individuals).
- Surname, name and patronymic of the borrower and borrower. Date of birth, address of residence (preferably) and passport details of the borrower.
- The exact amount to be lent. If it is stipulated - interest accrued on the amount of debt for the time of use.
- Date of the planned refund.
- Signature of the borrower, which he confirms that he received the money.
All data must be specified as completely, accurately and legibly as possible. The amounts of money, as well as the dates of the conclusion of the transaction and the return of money, must be written in numbers and in words.
Receipt sample
A sample cash receipt looks like this:
As you can see, the receipt is written in the first person - from the borrower.
In our sample, fields are provided for entering not only full names. borrower and lender, but also for data such as date of birth, passport details, residential address.
Such a receipt will leave no doubt in the identification of the person who wrote it, as well as who exactly has the right to collect the debt on it. This excludes two possible options fraud:
- The debtor will not be able to declare that this is not his receipt, but, say, his full namesake.
- According to this receipt, strangers will not demand money from the debtor.
Are witnesses required when transferring money?
Even if there were no witnesses, but there is a borrower's signature on the receipt that the money was received in full size, the document is considered valid.
However, witnesses may be needed to testify in court that the money transfer process was carried out on a mutual basis. voluntary consent and the receipt was not signed by the borrower under duress.
So, in order to protect yourself in the courtroom from deception by an unscrupulous debtor, if he suddenly declares that he signed a receipt through threats, but did not really receive money, take reliable people as witnesses who can refute this.
Common Mistakes
Given the importance of a loan receipt, it is worth dwelling separately on the mistakes that are often made in its preparation. Such mistakes can be made both out of ignorance and quite intentionally if the borrower is not going to fully fulfill his obligations.
So, the most common mistakes are:
- The listing contains abbreviations and errors. Especially in personal data (full name) and in the amount of borrowed funds. This can lead both to a complete denial by the debtor that it was he who received the money, and to challenging the amount of the loan.
- The fact of receiving money in debt has not been confirmed. It is imperative to indicate that the money received through cash receipt, are refundable. Without such clarification, one can imagine the situation in such a way that the money was received, for example, for the provision of any services.
- The date of the transfer of money is not specified. In this case, it will be difficult to guess the date of return.
- The borrower's signature is missing.
- There are changes not agreed upon by one of the parties. If it is necessary to make changes (or corrections), then they must be certified by the signatures of the borrower and lender.
In addition, if the loan is provided in foreign monetary units, then it is necessary to specify the exchange rate of this currency in rubles at the time of registration of the debt and the equivalent amount in national banknotes, as well as stipulate in what units it should be returned.
A separate issue is the accrual of interest for the use of money and penalties in case of delay in timely repayment of the debt.
If the loan amount is significant for a person, then it is better to draw up a loan agreement, in which all these issues are stipulated. It will not be superfluous to take the help of a lawyer.
In this case, the loan receipt should indicate that the money is transferred under this agreement.
Conclusion
And yet, is a loan receipt a guarantee of the return of borrowed money? Unfortunately no.
If a person does not intend to repay the debt, then the court is not particularly terrible for him. Even if the court decides that the debtor is obliged to pay the amount specified in the receipt, this is not yet a return of money.
The court is not involved in the transfer of money, that is, the executive service. Well, if the debtor is officially employed, then you can deduct the debt from his salary. Or, to pay off a debt, you can put up for sale his property.
But if the debtor has a permanent source of income or property that can be mortgaged, then why did he take a private loan, and not apply for a bank loan?
The answer is obvious - as a rule, people who do not have official income take loans from individuals, and therefore it is practically impossible to receive money from them officially.
It is worth remembering this and being careful when lending money.
