Although at present it is not difficult to obtain a loan from a bank or microcredit organization, the majority of citizens still prefer to borrow money from loved ones, if necessary. It is understandable, commercial structures will require certain actions, the provision of various documents, and after that they will also be forced to return, along with the principal amount of the debt, remuneration for the use of money. Borrowing from acquaintances, all these bureaucratic procedures can be omitted, and close people will not require to pay interest. However, before lending money, each potential lender must know how to properly draw up a receipt. Not every such document issued can be submitted to the judicial authorities for debt collection.
Receipt
Almost all people are unprofessionally engaged in money loans, some lend to relatives, the second to their colleagues. When the amount of such a loan is small, the parties agree among themselves on the time of its repayment, this usually happens orally. But if the amount is large, then in order to insure its risks, the creditor requires a document from the debtor certifying the event of transfer of money and the obligation to return it. Therefore, the question of many citizens is so relevant: "How to legally draw up a receipt?"
Contract or receipt?
A handwritten receipt and a loan agreement are practically no different. The latter usually lies between ordinary citizens, when the amount of borrowed funds is very large. Then they apply for the compilation of this document to a notary public. Unlike a loan agreement, a receipt is usually drawn up in cases where an oral agreement is dangerous with unfortunate results for the lender, non-return of funds, and contacting a notary is not practical because of the not very large amount. Not every notary will tell you for free how to draw up a cash receipt correctly, because it will be more profitable for him to certify the contract and receive money for it.
Legislative basis
The legislation of the Russian Federation provided for the possibility of confirming the fact of a loan being provided by a creditor to a borrower. In particular, article 808 of the Civil Code of the Russian Federation states that a loan agreement concluded between citizens must be drawn up in writing. However, such a requirement is presented only to such transactions, the amount of which is ten times more than the minimum wage (minimum wage) established at the time of the loan.
In addition, civil law established that if the creditor and the debtor did not draw up such a written document, the agreement would not be invalidated, but at the same time, the lender would not be able to rely on witness testimony in court. He will need to look for some other written evidence.
To avoid such difficulties, the document is still easier to write, but an experienced lawyer can tell you how to draw up a debt receipt.
The main mistakes in the preparation of the document
Knowing the features of how to draw up a debt receipt will greatly facilitate the lawsuit in case of non-return of money, because the wrong one will create unnecessary difficulties and obstacles in the trial.
One of the most constantly occurring failures of citizens in the preparation of a debt document are the following.
Individualization of the borrower
One of the mistakes is when the document does not fully individualize the borrower. For example, if the receipt states “I, Sergeyev Sergey, accepted money in the amount of 80,000 rubles. from Andreyev Andrey ... ”, then the question may arise in court, is it really that Sergeyev Sergeyev, and not some other. Maybe the receipt was written by Sergeyev Sergeyev, and the creditor requires money from Sergeyev Sergey Sergeevich? In this case, only a forensic handwriting examination can help, which will determine the author of the document. However, any examination requires time, and considerable, therefore it is easier to have an idea of how to correctly draw up a receipt, issuing it in accordance with all the rules, than to lose time and money later due to errors. It should be noted that errors of this kind are mainly found in people who are close to each other (good friends or acquaintances) or between relatives. Because of this proximity, the lender usually sees the written document as a mere formality.
Indication of lender data
Difficulties will arise in the absence of a complete data from the lender in a written document. So, if the receipt is written in the following form: “I, Sergeyev Sergey Sergeevich, have borrowed money in the amount of 80,000 rubles. I undertake to return them by March 03, 2016. " This option does not indicate the lender who gave the money, which gives the unscrupulous borrower the opportunity to declare in court that the receipt was given to a completely different person. He may bring one of his relatives to court, who will confirm that he loaned it to Ivanov, and later lost the receipt. Indication of all the complete data of the participants in the transaction will help to avoid trouble, and if the creditor does not know how to draw up a debt receipt, a sample of it can be found quite easily.
Lack of transmission
There are cases in which the creditor is quite satisfied with the receipt, drawn up something like this: "I, Sergeyev Sergeyevich, agreed with Andreyev Andrey Andreyevich that the latter would take me money in the amount of 80,000 rubles." Not knowing how to draw up a receipt correctly, the creditor will not even be able to think that during the trial the debtor will declare that he did not receive money, and the receipt was issued only for the intention to conclude a deal. Indeed, the fact of acceptance by the borrower of money is not indicated in the receipt.
Here it will already be necessary to rely either on some additional evidence, or on the indulgence of the court. But not the fact that the court will side with the lender. Even if the latter would explain the situation by the fact that he allegedly did not know how to draw up a receipt, he could not find a sample of such a document, the court may consider such statements unfounded.
Lack of purpose
A document drawn up as follows may also have negative consequences for the lender: “I, Sergeyev Sergeyevich received a sum of 80,000 rubles from Andreyev Andrey Andreyevich.” As can be seen from the text, it does not indicate what it is for the money received, on what basis Sergeyev received it. During the trial, he may declare that this amount was intended for him as payment for the thing sold before that or, in general, donated. And the lender will not be able to prove with such a document that it was a loan that was committed, and not payment for anything. If the question arises: “How to draw up a receipt?”, Special attention should be paid to indicating the purpose of the transfer of money, that is, that the loan was made.
Other common mistakes
Other mistakes of lenders who do not know how to make a cash receipt may include such as drawing up a receipt on a computer with the subsequent signing of the debtor. If the latter refuses his own signature, the handwriting examination will not in all cases be able to determine its owner.
Persons interested in how to properly draw up a receipt must, in addition, understand that the receipt is a document. Corrections and erasures are not allowed in any document. So if such blots are made in the receipt, the amount is crossed out and another is indicated, other changes are made, then they must be agreed by the parties. Near each correction you need to put your signatures, and it’s even better to rewrite the document again.
Some more nuances of how to draw up a debt receipt. The document must indicate the time of loan repayment, if necessary, the purpose of using the borrowed funds (if it is important to the lender), whether the loan is paid or free, that is, whether the debtor will pay interest on the use of money.
Additional terms
In addition, you can also provide for a payment of the penalty in the receipt in case of an untimely return of money, which can more than cover the losses of the lender if the borrower proves to be dishonest.
It is also desirable for the creditor to include a clause on jurisdiction of disputes. Thus, civil law established that claims for the recovery of funds are considered by the court at the place of residence of the defendant. And if the defendant went to another city, how to draw up a receipt? A sample of such an item can be taken from any contract. Its essence lies in the fact that the parties must establish jurisdiction at the choice of the plaintiff (creditor) or in any particular court of a particular city.
Indication of these conditions is desirable for the lender, but in their absence will not affect the legal force of the document.
Proper drafting
So, having summed up and examined all the quite common mistakes of creditors, you still need to determine how to draw up a receipt. The sample receipt presented below will help many lenders who do not understand this issue not to incur losses and not lose their money.
“December 01, 2015. I, Sergeyev Sergey Sergeevich, born 01/01/1990, a native of Moscow, passport series 1234 No. 123456 issued by the Department of Internal Affairs of the Central District of Moscow 05.05.2008, living at Arkhangelsk, st. Gogol, d. 25, apt. 25, received a loan from Andreyev Andrey Andreyevich, born 01.02.1991, passport of series 4321 No. 654321 was issued by the Department of Internal Affairs of the Northern District of Arkhangelsk on 09/17/2009, living at Arkhangelsk, st. Gogol, d. 25, apt. 26, money in the amount of 80,000 (eighty thousand) rubles. Received money when writing this receipt. I undertake to return the indicated amount until June 01, 2016. Signature, full name ".
The presented sample is only a clear statement of how to properly draw up a receipt, what it must be noted in a strict manner. If the amount is very large or the creditor just wants to include some additional conditions, the receipt can be supplemented by them, or you can make a good loan agreement. In any case, legal advice does not hurt.