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The correct form of receipt for borrowing money. Documentation of loan relationships between individuals

IOU– a document used in civil law relations in order to minimize the risk that the transferred cash will not be returned. The law does not establish clear requirements for the preparation of this document, so it is important to know how to draw it up. Let us consider in detail the features of drawing up a promissory note.

○ The concept of a promissory note.

A promissory note is a document that is drawn up when transferring funds. It certifies that one party transferred the money in the amount specified in the document, and the second accepted it, obliging to return it within the agreed period.

Typically, a receipt is drawn up when funds are lent at interest. The purpose of the document is not only to record the obligation to repay the money, but also to indicate the final amount that should be transferred to the lender.

○ Features of compilation.

In confirmation of the loan agreement and its terms, a receipt from the borrower or another document certifying the transfer by the lender of a certain amount of money or a certain number of things to him may be presented.
(Clause 2 of Article 808 of the Civil Code of the Russian Federation).

The design of this document has its own characteristics.

✔ For a loan of more than 10,000 rubles.

If the transferred amount does not exceed 10 thousand rubles, the parties can enter into an oral agreement between themselves to return the money. But if the transfer object is larger, written confirmation of the transaction is required. In this case, you can draw up a standard loan agreement; it will be valid if signed by the parties, or simply issue a receipt.

Each document will be the basis for debt repayment.

✔ Notarization.

Notarization of transactions is required:

In cases specified by law.
In cases provided for by agreement of the parties, at least by law, this form was not required for transactions of this type.
(Clause 2 of Article 163 of the Civil Code of the Russian Federation).

It turns out that there is no mandatory requirement for the receipt to be notarized. There are some things to consider here. The notary will not certify the receipt as a separate document. He can only certify the loan agreement and the receipt as an appendix to it.

Thus, if you have not yet transferred the money against a receipt, but want to have the transaction notarized, draw up a loan agreement. And if the funds have already been transferred and you want to additionally insure yourself, don’t worry. The receipt is already a legal document as a basis for repayment of the debt. If problems arise, you will have to go to court in any case.

○ General rules for drawing up promissory notes.

The law does not establish specific requirements for the form of document preparation. The receipt can be handwritten or printed. The first option is preferable because if problems arise, you will have proof that the debtor personally and voluntarily filled out the document.

Despite the lack of an established form, drawing up a receipt still has some features.

✔ Contents of the document.

The document must include the following information:

Full name, passport and contact details of the parties.
Place of registration/residence.
The amount transferred into debt (in numbers and words).
Interest (if any).
Currency exchange rate (if money is transferred in euros or dollars, the rate is constantly changing and you need to insure yourself against possible losses).
Debt repayment period – it is advisable to indicate a specific date.
Signatures of the parties.

✔ IOU with interest.

The main feature of this form of receipt is the indication of the interest at which the funds are transferred. Considering that the document also records the period of use of the money, a calculation is made of the total amount to be returned.

If for some reason the debtor does not transfer funds on time, interest continues to accrue.

If the amount of debt is significant, it is better to draw up a full-fledged loan agreement and a receipt as an appendix to it.

Example.

I, Sergey Leonidovich Petrov, born in 1986, living in Krasnodar (passport 1234 564789 issued by the Krasnodar Department of Internal Affairs on October 20, 2006), give this receipt to Petr Vladimirovich Kravchenko, living in Krasnogorsk (passport 3216 654789 issued by the Moscow Department of Internal Affairs 21.1 2.1998 d) that I am S.L. Petrov. received from Kravchenko P.V. 40 thousand rubles at 10% per annum.

I undertake to repay the loan in full (47,500 rubles) by September 15, 2017.

✔ A promissory note without interest.

If funds are transferred without interest, the receipt indicates only the amount of debt and the repayment period. It is important to consider that the more specific information provided in the document, the easier it will be to use in the event of a dispute.

Example of an interest-free receipt

✔ An IOU with monthly payments.

For this method of calculation, it is advisable to draw up a loan agreement, because this form of document has greater legal weight and provides the opportunity to draw up a payment schedule. It is also easier to prove that the agreed monthly amount was not paid on time.

If desired, the payment schedule can be included in the receipt, but here it will rather be an indication of systematic payments.

But in the form of a receipt, the transferred loan will have the same legal force.

Thus, correct design receipts are crucial for debt repayment in the event of a dispute.

IOUs are still widely used by citizens when borrowing money from their friends, relatives and friends. For many, borrowing against a promissory note from friends is preferable to taking out a loan from a bank. Banks require you to provide a number of documents and may refuse to issue a loan altogether, and quite often without reason. Banks issue loans at interest rates and quite impressive ones. To borrow from relatives and friends, and without monthly payment interest, it is enough to verbally convince them of timely repayment and draw up a promissory note.

Citizens inexperienced in jurisprudence mistakenly believe that a promissory note can be drawn up in any way. Not every debt receipt is used by the courts to collect debts from borrowers, so close attention should be paid to the contents of the debt receipt.

A promissory note is necessary to comply with the mandatory written form of the loan agreement, confirm the terms of this agreement (loan amount, date of issue and repayment period, payment of interest).

In accordance with Part 2 of Article 808 of the Civil Code of the Russian Federation, a promissory note is confirmation of the conclusion of a loan agreement between the borrower and the lender, as well as the terms of this agreement. If the borrower does not admit in court that he borrowed money, and you do not have a promissory note, you cannot count on a favorable court decision.

Relying on the testimony of witnesses is also not useful, since in accordance with Part 1 of Article 162 of the Civil Code of the Russian Federation, failure to comply with the mandatory written form of the loan agreement deprives the person who gave the loan from citing witness testimony to confirm the fact of concluding the loan agreement and its terms. In other words, no matter how many witnesses the borrower has to the conclusion of the loan agreement, their testimony is not evidence. Most likely, the court will generally refuse to allow the lender to question witnesses.

Mistakes made when drawing up debt receipts

Judicial practice shows that citizens often make serious mistakes when drawing up the text of a promissory note. The most common mistakes made when drawing up debt receipts are the following:

It is not indicated from whom the money was borrowed or who borrowed the money
The IOU does not indicate that the funds were actually borrowed.
The promissory note does not indicate that the borrower received the borrowed funds.
The receipt does not indicate the date of its preparation or does not indicate the period for repayment of the debt.
The receipt does not indicate that the money was borrowed at interest; its size, procedure and terms of payment are not indicated.
The promissory note is computer-typed or written by someone other than the borrower.
The text of the receipt contains unspecified corrections, blots, and is not on a whole sheet of paper.

To avoid problems in court, the promissory note must be written by the borrower by hand, in his own hand, on a whole sheet of paper. If typos, corrections, or blots were made when writing the receipt, it should be rewritten again, then you will not have to prove in court that the corrections were made by the borrower himself. Read about the problems of collecting debt by receipt

What should be included in the promissory note

IOU must contain information about who borrowed money and from whom. That is, it must indicate all the passport details of the parties, the address of their actual place of residence and place of registration.
The receipt must reflect that the money is borrowed and not free of charge.
The contents of the receipt should indicate that the borrower has received borrowed funds and will not receive them in the future.
IOU must contain the amount of the borrowed amount and the period for its repayment.
If money was lent at interest, then the receipt must indicate the amount of interest (monthly or annual), the procedure and timing of their payment (paid monthly or upon expiration of the loan agreement along with the borrowed amount).
If money is borrowed in foreign currency, then the receipt must indicate that the amount of debt is equivalent to a specific amount in rubles, at what exchange rate. It must also be indicated that the borrower must repay the amount in foreign currency or rubles and, if in foreign currency, then at what rate.
The receipt must indicate legal consequences non-repayment of debt and interest fixed time, as well as penalties. Simply put, it is better that the receipt provides for a penalty (fine) for late repayment of the debt and interest due and the right to go to court at the lender’s place of residence in accordance with Part 9 of Art. 29 Code of Civil Procedure of the Russian Federation.
The receipt must contain the date of its preparation and the signature of the borrower.
If witnesses were present when drawing up the receipt, the receipt must reflect that they were present and their signatures must be included.

Presence of witnesses when drawing up a promissory note

The law does not provide for the mandatory presence of witnesses when drawing up a promissory note. This is due to the fact that the fact of concluding a loan agreement and its terms is confirmed only by written documents. But if witnesses are listed on the promissory note, the court may question them as additional evidence that the borrower received the money. Witnesses may turn out to be unscrupulous, and therefore it is better for the lender to take as witnesses people he trusts. For a sample application to the court for debt collection by receipt, see Here

Sample promissory note

RECEIPT

G.______________ “__”_________ 20__

I, the borrower, full name, “__”____________ ____ year of birth, was born in _________________Russian citizen passport series ______ No. ______, issued________________________ “__”__________ __ year: department code_________, registered at the address_________________

I actually live at the address ________________________________________ I received a loan “_____” ________ 2___ from the lender - full name, “__”__________ __ born in _______________________passport of a Russian citizen series _____ No._____, issued _______________________ registered and actually residing at the address:__________________________________________________________ sum of money in the amount of _______________ (________________) rubles.

I undertake to repay the specified borrowed amount of money and interest for its use in the amount of _________% per annum by “__”_____

Years at the place of residence of the lender in cash.

For delay in repaying the amount within the above period, I undertake to pay a penalty (fine) in the amount of ________% (_________ percent) of the loan amount for each day of delay.

All disputes related to my receipt of the loan amount under this receipt are subject to consideration in court at the place of residence of the lender.

This receipt was written by me personally, the legal consequences of its writing are known to me.

The receipt was drawn up in the presence of witnesses: 1. Full name, date of birth, passport series ____ No. _____, issued__________, registered and residing at the address: _______________________________________

Borrower's signature

Witness signature

For a sample application to the court to collect a debt by receipt, see In addition, read the article, which contains additional recommendations on drawing up a promissory note and arbitrage practice in debt collection cases...

If a person has an urgent need for money, it is not necessary to immediately go to a bank or 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 promissory note is a document that guarantees the protection of the rights of citizens in a relationship where one party transfers funds for temporary use, and the other accepts them.

According to the Civil Code, a receipt is issued officially if the amount borrowed exceeds 10 thousand rubles. If the amount is less, then it is enough to conclude a verbal agreement on the timing and procedure for returning the funds. Although make a receipt in in writing 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 size of the loan and interest on the use of money. You need to be especially careful if money is taken in foreign currency, since exchange rate fluctuations can lead to monetary losses for one of the parties. Therefore, it would be useful to indicate in the receipt the exchange rate on the day the contract was drawn up.

What is best to use and when

The fact of transferring money as a loan can be accompanied by both a receipt and. At first glance, there is no significant difference between these documents: they indicate the transaction amount, the repayment period of the debt and the interest rate. Moreover, 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 serves 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 debt.

What you should pay attention to

If serious errors were made when drawing up the receipt, then it cannot be used in court to prove your case and return the money.

What to look for Special attention when drawing up a document:

Indication of reliable and complete information about the parties (not only full names, but also passport details). In the event of a controversial situation, this will help prove that these are the people who participated in the conclusion of the transaction.
Confirmation of the fact of transfer of funds indicating the exact loan amount. Moreover, it is important to note that the money is transferred as a loan, and not as a gift.
Description of the terms of the transaction and clear deadlines for repayment of the debt. If the agreement does not specify the terms, then the borrower undertakes to repay the debt within 30 days after the creditor’s request.
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 the 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.
There should be no cross-outs or corrections in the document, especially in the area where the amount or due date of the debt is indicated.

Important regulations

The main legislative act regulating the main aspects of the creation of loan agreements is Federal Law No. 353 “On Consumer Loan”. This law only covers consumer loans. Article 5 of the law specifies the conditions for issuing a loan, as well as the procedure for drawing up such a document. Article 14 contains information about liability for violation of agreements.

The rights and obligations of the parties are clearly stated in the Civil Code Russian Federation. Article 808 states that the receipt can be used as an annex to the loan agreement. And Article 408 states that any of the parties may demand from the opponent a receipt regarding the occurrence or termination of obligations.

IN in some cases It is possible to replace the loan agreement with a receipt. This option is provided for by the decree Supreme Court RF No. 53-ad06-2.

How to register correctly

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 complete information about the parties to the transaction, including passport data;
it is the borrower who writes the receipt;
transcripts (full full name) are required near the paintings;
the transaction amount is written down in numbers and in words, indicating the currency;
you need to indicate the exact terms of repayment of the debt;
to conclude an agreement that involves a large amount, it is better to involve witnesses (in the agreement, also indicate their personal and passport details);
if the transaction involves the accrual of interest for using the loan, this must be reflected in the document, indicating the amount of charges.

The main thing is to clearly stipulate the terms of the loan and reflect this in the document being drawn up. It is important to carefully check the receipt to avoid errors, and if they occur, you need to re-draft the document.

Visual samples of content

The receipt is written in free form, however, the essence is always approximately the same.

Example:

I, Kolontaeva Alena Gennadievna, born 08/31/1977, passport 34 16 432156, living at the address, Moscow, Vernadsky Ave., 43, apt. 29. I borrow 15,000 (fifteen thousand) rubles from Igor Mikhailovich Malikov, born 08/15/1970, passport 56 12 765890, living at the address: Moscow, st. Avtozavodskaya, 8, apt. 12.

I undertake to repay the debt by June 25, 2017.

Signature (Kolontaeva Alena Gennadievna) / date.

Subtleties of the loan receipt format between individuals

Despite the apparent simplicity and transparency of the transaction, issuing 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 when signing the agreement there was a condition that the lender would give the 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. the debt can be repaid with similar things. 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 missed the repayment date, the lender has the right to apply to the courts to collect a penalty. However, if the body of the agreement did not indicate interest for the use of funds, then it will be much more difficult to prove this fact.

Controversial nuances

Is there a guarantee

The receipt does not provide a complete guarantee of the return of money to the lender. No one is immune from unforeseen situations, including the borrower. That's why force majeure situations It is better to discuss it at the stage of concluding an agreement.

To protect yourself from failure to comply with the terms of the contract, it is important that the documentation is drawn up correctly and contains all necessary information. It would be correct for the borrower to obtain a receipt from the lender for receipt of money in payment of the debt.

If the borrower does not repay the debt on time, the lender may go to court. And the court, in turn, can decide to forcibly collect the debt from the debtor. The situation becomes more complicated if the borrower does not have property that can be seized to pay off the debt or for official work.

An additional measure against the debtor may be a ban on crossing the border or seizure of the current account.

Possible risks

The best way to protect yourself from financial losses is to not lend money 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 decision on the forced collection of funds is entered into, the creditor is given a copy of this document, with which he applies to the bailiff service.

But in fact, it is not always possible to get your money back, for example, if the borrower does not have real possibility pay off debt due to lack of work or valuable property. In this case, even the court cannot influence the outcome of the case.

Assurance and witnesses

In some cases, witnesses are involved in concluding a loan agreement. Typically, their participation is necessary when transferring large sums of money.

However, if it is hopeless to repay the debt under the loan agreement, witness testimony will not help. They can only confirm the illegality of the actions of one of the parties during the conclusion of the transaction.

If you go to court, witnesses can confirm the facts and circumstances that arose during the signing of the contract. For example: the place where the receipt was written, the persons involved in the transaction, whether the parties came to an agreement voluntarily.

The law does not provide for mandatory notarization of loan agreements; this occurs only at the intention of the parties. However, according to the law, it will not be possible to certify one receipt, so a loan agreement with an attachment in the form of a receipt is certified.

Advantages and disadvantages

When concluding a loan agreement, the receipt carries both pros and cons:

pros

clear terms of the transaction indicating the loan amount and exact dates refund;
the receipt can indicate in detail the plan for returning money to the borrower;
if the loan is issued for short term, or in small size, there is no need for official certification by a notary;
the document reflects complete information about the parties to the transaction;
Regardless of whether the receipt is certified or not, it can become evidence in court when collecting a debt.

Minuses

the receipt is not an exact guarantee that the debt will be repaid;
a receipt is not always used when drawing up a loan agreement;
if errors are made when drawing up a receipt, it may be declared invalid;
For the receipt to be considered valid, it can only be written by the borrower, and only by hand.

A receipt is a tool for 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 how to get a microloan using your passport.

“Trust, but verify” - this is the popular wisdom. Often in life situations arise when you have to lend money to other people.

Don't tempt fate

In most cases, the loan occurs at " honestly“, but it does not always turn out that the borrower is in a hurry to repay the debt, because such a transaction does not have legal force. Therefore, there is a risk that he will not return the funds he borrowed. Remember that money relationships often spoil even the most friendly and family ties. Therefore, in order to avoid troubles and omissions, it is better to play it safe by drawing up a receipt, which, whatever one may say, is a legal document, as well as your guarantee of repayment of the debt.

What are the basic rules for drawing up a receipt?

It is very important that such a document contains all the relevant details: who, to whom, when and how much money was borrowed. If there is interest on the use of the amount, it must also be reflected in the receipt. It is good if the document is written by the borrower himself, in his own hand and supported by his signature. The receipt can be drawn up in front of witnesses or certified by a notary, but even without this, this document has legal force.

Debt relations are formalized in writing. Of course, if the amount of debt is close to the minimum (less than 10 minimum sizes wages), then the legislation provides the opportunity to conclude a deal without written delays (orally). The logic of the drafter of the law is such that in the event of non-repayment of such an amount, the creditor will not suffer significant financial losses, and resolving issues regarding debt obligations of such sizes is within the realm of good faith and integrity of the parties.

And yet this does not mean at all that obligations for debts, the amount of which is not so significant, are exclusively oral in nature. If the parties want to avoid any misunderstandings, it is quite acceptable to draw up a receipt or agreement. In some cases, it is possible to have a document certified by a notary (of course, if the amount is small, such actions are somewhat inappropriate, but the indicated option for resolving the issue has a right to exist).

Some moments

All obligations for debts, the amount of which exceeds 10 minimum wages, are registered exclusively in writing. Otherwise, the person providing the loan loses the right to refer to witness testimony certifying the actual existence of the debt obligation.

The most popular method of recording the transfer of funds is a promissory note. It is quite simple to set up. The main thing is that it is drawn up correctly and legally competently, then you will not have problems in the process of asserting your legal rights when trial(if the debtor refused to repay the debt for no apparent reason).

IOU in court

If the debtor’s refusal to return the money forces you to turn to the court, then when considering the case, a receipt personally drawn up by the person who borrowed the money from you will be most helpful. It will be possible to conduct a handwriting examination, which, if the outcome of the case is positive, will serve as clear confirmation that your claims are not without foundation.

If the mentioned document was compiled using a computer, and only a signature is present on it from the borrower’s handwritten notes, conducting this kind of examination is impossible (even an expert who is not a professional in his field will confirm this), due to the fact that the material for research ( handwriting) is not presented in the required volume. The conclusion follows: the document must be drawn up by the hand of the person who borrowed the funds.

Promissory note certified by a notary

The receipt does not need to be notarized; if it is drawn up legally, it is proof of the fact of repayment of the borrowed funds. But if available great desire to waste time and lose a certain amount of financial funds, you can safely visit a notary; this is not prohibited by law.

Receipt form

What should a promissory note look like? Its form is not established by law, but the document in mandatory must contain the following information:

Last name, first name and patronymic of the borrower and lender. Such a document cannot be anonymous. In addition, here you need to indicate the names of the witnesses present when drawing up the receipt, if any.
Passport details of the person accepting the funds and the person giving them. If the borrower is married, the passport details of the spouse are also indicated, and a record is made that he/she is aware of the loan and has no objections.
Loan amount (in numbers and words).
Refund deadlines.
Signatures of the parties.
It is also necessary to indicate where and when the receipt was drawn up.

In addition, the document must indicate that the funds were actually received. The most important condition drawing up a receipt is that it should not raise absolutely any doubts about its authenticity. There should be no places in the document in which you can write anything at any time; they are not allowed various kinds corrections and erasures, abbreviations are also excluded. To avoid errors when drawing up a document, it is recommended to use a sample receipt (shown below).

Receipt limitation period

The promissory note, the statute of limitations of which is very important to indicate, must have a date for repayment of the loan. Without it, it is not possible to determine the limitation period for an existing claim; therefore, the receipt itself has no legal force, since it is not subject to defense in court (remember this!).

Example of a receipt

A promissory note, an example of which we will look at below, is not notarized. Therefore, the very fact of transfer of funds must be certified by the signatures of at least two witnesses, who at the end must indicate their passport details, full name, registration address and put personal signatures.

RECEIPT

I, Petr Antonovich Frolov, born in 1963, live in the village. Zabugornoye Kanavinsky district (identification number 00000000, passport SI No. 000000, issued by the Kanavinsky RO Department of the Ministry of Internal Affairs on October 15, 1986), I give this receipt to US citizen Phil Jones, born in 1961, a native of Newcastle, that I, Frolov P. A., received a loan from Phil Jones in the amount of 100 (one hundred) US dollars.
The loan is interest-free. I undertake to repay the loan in full by March 25, 2013.

Attendees:

May 30, 2011, signature

May 30, 2011, signature

This document may be a clear example how to prepare a promissory note with witnesses.

Sample promissory note with interest

RECEIPT

I, Petr Antonovich Frolov, born in 1963, live in the village. Zabugornoye Kanavinsky district (SI passport No. 000000, issued by the Kanavinsky RO UMVD on October 15, 1986), I give this receipt to US citizen Phil Jones, born in 1961, a native of Newcastle, that I, P. A. Frolov, received from Phil Jones borrowed money in the amount of 100 (one hundred) US dollars at 12 (twelve) percent per annum.
I undertake to repay the loan in full by March 25, 2013. I undertake to pay interest once every 5 months (or specify another period as agreed by the parties).

Attendees:

1. Lazarenko Yuri Viktorovich, living in the village. Zabugornoe, st. Bubble, 12.
May 30, 2011, signature.
2. Drygina Anastasia Arkadyevna, living in the village. Zabugornoe, st. Bulyzhnaya, 14.
May 30, 2011, signature.

A promissory note with interest, a sample of which we looked at above, puts the borrower within a certain framework, but this plays into the hands of the lender. Conversely, the lack of information in the document about the specific obligation of the borrower to pay interest for use along with the loan amount does not bode well for the lender. Special attention is paid to percentages, since in this issue There are a number of nuances.

Thus, the mentioned part of the money, according to the agreement, can be paid in absolutely any order, but if the terms are not agreed upon, then the payment must occur monthly. If, according to the agreement, a loan is provided in a foreign currency, then the borrower, subject to an interest-free loan, must repay not only his debt in rubles, but also the difference that may arise due to the fall of the national currency.

Receipt form

A debt receipt, the form of which contains such details as the name of the document, the text of the receipt and the place where it was written, can be safely used in court. Let's look at an example of a specific form.

RECEIPT

____________________ "___" ___________ 20___

I, ________________________________________________, passport: series ______, No. ___________,
issued by ______________________________________________________________________________,
registered______ at the address: __________________________________________________________,

received from __ ___________________________________________________, passport: series ______, No. ___________, issued ________________________________________________________________,
registered ____ at the address: _________________________________________________________________,
____________________________________________________________________________________,
funds in the amount of __________ (amount in words) rubles and undertake to repay the debt by ________________________ 20____.

Note: here you can specify the conditions for paying interest for use and penalties for failure to fulfill obligations.

"__"__________ ____ G. _______________/_______________/

IOU for a car. Sample

I, Ekaterina Vasilievna Somkina, passport series 0000 No. 00000, issued by the Basmanny district police department of the Central Administrative District of Moscow on June 12, 2004, received from Yaroslav Vitalievich Filatov, passport series 0000 No. 000000, issued by the Fili-Davydkovo police department of Moscow on March 11, 2003, monetary the amount of 300,000 (three hundred thousand) Russian rubles for a Chevrolet Niva vehicle, vehicle identification number X9L0000000000. According to the car purchase and sale agreement concluded by the parties on November 5, 2011.

Payment made in full size.

05.11.2011 _______ Somkina E. V.

A promissory note with interest can also be drawn up in a similar way. A consulting company can also provide a sample of all documents, whose specialists have the ability to objectively assess situations with different sides. They can also advise you on this issue in order to avoid going to court or other unpleasant situations in the future.

Simple rules

Like any other document, a promissory note has certain rules compilation and characteristics, namely:

be sure to indicate the passport details of both parties to the contract;
the amount must be written in rubles, but at the same time be equivalent to hard currency;
indicate Exact size percent. Otherwise, they will be charged in the amount of the bank percentage of the discount rate, which may not be profitable for you.

A promissory note is precisely a written document that confirms both the fact that the borrower has received the corresponding amount of money and the existence of a loan relationship between the citizens making it up.

But not every receipt allows you to recover your money from the debtor through the court if the latter violates the terms of the loan. The reason for this phenomenon often lies in mistakes that borrowers make intentionally or through negligence when drawing up the mentioned document.

How is the debt on the receipt returned?

Standard activities that lead to partial or full repayment of missed payments by the debtor begin with telephone calls, letters and visits to management. The presented scheme of action is effective when the debt is short-term. In more difficult situations Debt collection is carried out through claims proceedings.

Each stage has its own characteristics and takes certain time. Coordination can be carried out with government agencies and arbitration judges. The main goal of all these activities is to achieve court decision in favor of the plaintiff.

To do this, the latter submits documents to the court. Having accepted them, the secretary, who is present at the reception along with the judge, and the clerk must sign, indicating the incoming number, and stamp your copy of the claim. The secretary is also required to give you a receipt stating that he received an application from you indicating all the papers you provided. Mediators, in turn, must objectively judge the parties, since they are the ones who are responsible for ethical and legal standards.

Download the promissory note form

Whether or not to lend money is a purely personal matter. Everyone decides for himself whether he wants to take on the solution of other people's financial difficulties. But if a decision is made to help close people (or just good acquaintances) difficult moment, you need to do it in such a way as not to harm yourself.

To avoid getting caught unpleasant situation When you cannot return money lent temporarily to a seemingly responsible person, you should formalize such a loan in writing. So, if you are going to lend, then lend the money against a receipt.

A promissory note is evidence of the transfer of funds from one person to another. It is drawn up both with and without a loan agreement.

People are different and it is at least unreasonable to simply trust someone’s word for it, regardless of the loan amount. If the amount being lent is significant, a receipt for receipt of funds from the borrower is simply required.

Let us examine in more detail how to correctly draw up a receipt so that, if necessary, it can be presented in court as evidence that the borrower received the money as a loan.

Requirements for registration of a receipt

The execution of a receipt for receiving money as a loan is not regulated by any legal acts, so the form of its writing can be free.

Both a receipt printed on a computer and signed in person and one written by the borrower in his own hand have the same legal force.

Although, if the borrower writes a receipt by hand, then there will certainly be no doubt about its authenticity.

Despite the fact that the form of presentation in the receipt is free, it must meet a number of requirements. A receipt for a loan must contain the following information.

Place of money transfer

A receipt for a loan of money must begin with an indication of the place (locality) where the transfer of money takes place.

As a rule, the city or village where the event takes place is indicated at the top left of the form.

Data about the borrower and lender

Here you must indicate the last name, first name and patronymic of the person who borrows and the person who lends money. Abbreviations are not allowed. You should carefully check the data with your passport.

The loan receipt may also contain passport information.

Important! Carelessness when writing a receipt may result in its being declared invalid.

Therefore, you need to draw up a receipt extremely carefully, and double check all the data entered into it.

Loan amount

The loaned amount must be indicated in full. To avoid corrections, in addition to numbers, you should also write it in words.

date

Any legal document must be dated. The date when the receipt and/or loan agreement is drawn up is the date on which debt relations between people began, confirming the fact that the money was transferred.

The date can also be written in numbers and in words.

Borrower's signature

The borrower can sign the printed text and decipher his signature in brackets (write down his last name and initials).

However, it will be better if all the text is written in the borrower’s handwriting. This will make the document look more authentic.

You need to pay attention so that the signature looks the same as in normal human conditions. There should be no doubt about its authenticity.

Signatures of the lender and witnesses

The borrower confirms with his signature the fact of transfer of the amount of money indicated in the receipt

If desired, the receipt for the loan of funds can be certified by witnesses. But even without their signatures, the document will be valid.

Additional requirements

It is not necessary, but it is highly advisable to include a deadline for repayment of borrowed funds in the receipt. It is better to indicate a specific date, but you can also determine the time period for which the money is issued.

If the repayment period of the debt is not specified, then the money should be returned within a month. However, to avoid misunderstandings, it is better to indicate a specific date.

Another important point, which, if desired, can be reflected in the receipt - the accrual of interest for the use of money and fines in case of failure to repay the debt on time.

As a rule, accrual of interest is not accepted among relatives and friends. However, if money is lent to someone other than your closest acquaintances, then no one can prevent him from protecting his investments from inflation by charging you interest.

This is especially true if money is borrowed for a long period of time, because the term of the debt obligation can be a year or more.

If funds are borrowed in foreign currency, it is imperative to record the equivalent of the loaned amount in rubles and the rate at which the foreign currency is converted at the time of the loan.

Sample receipt

Let's look at an example of what a receipt for a cash loan looks like. The sample shown is arbitrary, differences are acceptable. The main thing is to fundamentally understand how to draw up a receipt.

It is worth repeating once again that the borrower’s receipt, in which he confirms the fact of receiving the money in debt, is a guarantee of its return, so you need to know how to apply.

How to lend money correctly?

When a person lends money, he naturally hopes to get it back. However, it is worth understanding that situations in life are different. After all, the very fact that the debtor turned to you indicates that he is not able to fully control his finances.

Even if we assume that the recipient of the loan is a model of honesty and is ready to repay debts on time, we cannot exclude a situation when he simply cannot do this due to the difficulties that have befallen him.

Therefore, when lending money, you need to be prepared to part with it forever. This means, in particular, that the amount of such a loan should not ruin the lender in the event of a permanent loss of these funds.

But non-repayment of debt is an extreme situation. To be able to receive funds back, you must comply with a number of rules:

You should lend money only to reliable, trusted people;
if the person you are going to lend money to is not well known to you, find a guarantor among your friends who will confirm his reliability;
find out what money is needed for - this way you will find out whether the person really needs it, and also, perhaps, you will be able to help non-materially;
stipulate the terms of return, find out at what expense the person is going to repay the debt - this will be a guarantee of his solvency, a guarantee that the money will be available.

Money loves accounting, so even wealthy people They should not throw them away left and right, lending them to unreliable people. This way you can turn into an unofficial source of passive income for unscrupulous debtors.

The desire to help loved ones should not become an obligation to cover the expenses of those who like to live at someone else’s expense.

Repayment of borrowed funds

If the borrower is ready to repay his debts on time (with or without interest, depending on the terms of the agreement), then, just like in the procedure for obtaining a loan, a receipt for the repayment of the loan is issued.

Drawing up such a receipt will avoid misunderstandings and problems in the future and will confirm the fact of the refund.

The form of the receipt for the return of money may be the same as that of a promissory note. Here you should also indicate information about the debtor repaying the debt and the lender. Record the date and location of the event.

It is necessary to fully indicate the amount being returned, indicate if it includes interest and penalties. If there was a loan agreement, then you need to indicate in the debt repayment receipt that the money is being returned precisely under this agreement.

The person borrowing money must confirm with his signature that he has received the money in full and has no claims against the debtor.

Going to court

If the issue is not resolved so successfully, and the borrower does not want to put himself in the position of the debtor and forgive him the debt, then he has the right to sue the debtor in order to recover the unpaid amount from him.

It is in this situation that a promissory note comes in handy. For the court, the receipt is valid even without a loan agreement; it does not need to be certified by a notary. The main thing is that the form for drawing up the receipt includes all the agreed upon essential points.

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