Anything can happen in life. Today you think and say that in life you will not borrow money, and tomorrow you will be forced to go to your friend to ask for the very cash that is so lacking at this moment.
But quite often there are times when they borrowed money from you, but they don’t intend to return it, they feed them breakfast, and sometimes they even say that they didn’t take any money. Therefore, you should understand all the legal subtleties so that your money will nevertheless be returned to you.
Oral agreement
Many people know that in the Russian Federation an oral contract is provided for by the Civil Code. But the oral form of the transaction has many nuances to which you should pay attention. The most important thing is to understand that an oral agreement can have legal force only when a written agreement was not necessary or when:
- The contract is executed by the parties immediately after the transaction.
- The contract is concluded by the parties in order to fulfill the conditions of a previously concluded written contract.
Very often a person is mistaken, believing that when assigning a term for repaying a debt without concluding an agreement, an oral agreement takes legal force. Such a fallacy is fraught with a loss of money. There is still an important nuance: an oral agreement is impossible if its value is more than ten thousand rubles. A sample receipt of the debt can be viewed in this article or compiled with a lawyer.
What is the receipt for?
First of all, you need to remember that only one person draws up and signs a receipt. This person is the borrower. It should be remembered that the receipt is a one-sided document. She herself is given and kept by the one who lent the money.
The receipt indicates the names of the parties, the purpose of receiving the money, then the date is indicated and the recipient puts his signature. A debt document can be made not only for cash, but also for any other thing. If the debtor tries to delay the money or not give it at all, then the receipt in this case serves as evidence of the agreement.
Answering the question of why you need to give money on receipt, you can safely answer: for the safety of your savings, maintaining friendship (if it was) and most importantly - your peace of mind.
Refunds through court
If the borrower filled out a receipt for the repayment of a sample, signed it, but the creditor did not receive his money on time or even some time after it, and the debtor refuses to give it back, that is, several options for the development of events. These methods are often ineffective. The most effective of them is judicial practice on repayment of debt by receipt. The following steps can be distinguished for applying and receiving your money:
- Debtor's attitude. The first step is to try to resolve the issue peacefully. Talk with the debtor, understand what he expects. It is important that your interlocutor returns the money in the next 3 days, otherwise you can safely say that he is not going to return. If so, proceed to the next step.
- Expression of discontent. This document is official in nature, it will be sent to the court. It should reflect information about the borrower, the amount of debt, if necessary, with interest, the date of receipt of the receipt, the period by which the borrower promised to pay the debt, as well as the date of writing the claim.
- Drawing up a statement of claim. It is necessary to clearly write the essence of the matter, actions on your part to repay the debt, all the actions you cited must be confirmed.
- Collection of documents. After the claim, it is necessary to pay the state fee, and then collect a certain list of documents, as a rule, these are copies of the claim and receipt, receipt of payment of the state duty, documents confirming your actions aimed at repaying the debt.
- Court. He will consider your case, the process itself may be delayed, but in any case your money will be returned to you.
How to write a receipt
Return of debts from individuals on receipt has important requirements:
- The document is written and written in plain language.
- If you lend money at interest, then do not forget to fix it on the receipt. It is very rare that interest not shown on the receipt was returned to the creditor.
- If you lent foreign currency, then you must indicate this on the receipt, and also do not forget to write at what rate the debt should be returned.
- Indicate the date by which the money should be returned, required. In the case when you forgot to indicate the date, the receipt automatically becomes unlimited, and it’s useless to go to court with it, since the debtor can return the money to you when he pleases.
IOU
There is a certain sample of a receipt for a return of debt. It can be adjusted independently. It looks like this:
Compiled in the city of Moscow.
I, Ivanov Ivan Ivanovich (last name, first name, middle name of the borrower) received from Sergeyev Sergey Sergeevich (last name, first name, middle name of the one who lends) a loan under a loan agreement of 30,000 rubles. For the use of money a fixed fee of 3% per month of the total amount is established. The money specified in the receipt is refunded together with interest for their use. The borrower agrees to repay them by January 7, 2019. For violation of the terms of repayment of the debt under the loan agreement and interest, the borrower agrees to pay interest in the amount of 10% for each day of delay of the total amount.
Date of receipt of the receipt is October 8, 2018.
Signature of the borrower: Ivanov Ivan Ivanovich.
Nuances
There are some subtleties that must be observed in order for the receipt to be valid and up to date at the time of filing it with the court. To do this, remember the main thing:
- After receiving the debt, the borrower may require a receipt on the return of the debt, which the person who gave the money is required to write out and transfer it to him.
- If interest was indicated in the receipt of the debt, then it is necessary to indicate in the receipt of its return that they were returned.
- In addition, despite the fact that legislation does not require this, money on receipt can be certified by notary.
- The receipt has a written form, the creditor and the tenant, the amount of the debt, the interest at which it is given, the date of return of the money and the signing of the receipt must be clearly stated in it.
- The document is easier to write on the model of a receipt on a debt return.
Thus, in order not to get into a situation where you lose your friend along with your money, you should remember that no matter how wonderful a person is, there is always a chance that he will not repay his debt. At best, he will postpone the return, and at worst, he will assure you that you did not give him any money, that you dreamed about anything else. In order to avoid such situations, save a sample of a receipt on debt repayment to your mobile carrier, thereby protecting yourself from unwanted situations.