Many people, borrowing certain amounts, do not even think about the fact that they may not get them back. As a result, they have to search for the debtor for a long time and persuade them to return the borrowed money. In such cases, the ability to write receipts may be useful. This is a simple matter, but a document drawn up incorrectly may not have any legal significance.
In this article we will analyze an example of a receipt in the receipt of funds and documents. We will also talk about which points must be indicated so that it does not lose its strength.
Why is she needed
Any professional lawyer is sure that even an incorrectly executed receipt is much better than its complete absence. According to the law, the testimony is not evidence of the transfer of money. This fact must be documented.
If at least once in your life you saw an example of a debt receipt, you know that this document is needed to protect the interests of a person who gives a certain amount of debt. It is the receipt that is the legal guarantee that the funds will be received back. Of course, this is not the only evidence. Any other financial documents are also suitable :
- checks
- money orders;
- bank statements;
- another.
However, when money is transferred from hand to hand, a receipt is the fastest and most reliable way to certify its transfer. For its design you need only a pen and a little time. The paper on which the document will be drawn up does not play any role. Even if it is a piece of wallpaper or the reverse side of a child's drawing, the receipt will not lose its force.
Of course, for the paper to be written correctly, you need to study the example of a receipt in advance. And if we are talking about an impressive amount, it would be wise to secure the signatures of at least two witnesses who will certify the authenticity of the document.
Types of Debt Documents
Of course, the most common example of a receipt is a loan or a money loan. But there are also other situations when such a document is simply necessary:
- purchase / sale of a vehicle;
- making an advance payment in real estate transactions;
- receipt of alimony;
- final settlement upon purchase of a house, apartment, car or land;
- others.
Legal significance of the receipt
Despite the fact that this issue is enshrined in law, disputes about the strength and legal significance of the receipt have not subsided so far. First of all, the disagreement relates to whether a document should be certified by a notary.
According to article 808 of the Civil Code of Russia, notarization of such a document is not mandatory. Of course, if we are talking about a very serious amount and you want to protect yourself as much as possible, then an appeal to a notary's office can take place. In this way, you will protect yourself as much as possible if it subsequently becomes necessary to prove that the document was drawn up and signed by the very citizens referred to in it. Without notarization, this can also be done, but the process will take much more time and effort.
Pros and cons of contacting a notary public
With notarization of receipts, there are both advantages and disadvantages. The advantages include:
- one hundred percent confirmed reliability of the document;
- if you find it difficult to compose the document correctly, the notary will certainly offer his own example of writing a receipt, which already takes into account all the nuances.
The drawback here, most likely, is only one - the waste of additional money and time for going to the office.
Features of the compilation
If you decide to do it yourself and save time and money, be sure to take an interest in the intricacies of compiling this document in advance. The correct receipt example should meet the following requirements:
- The document is written exclusively by hand. In this case, it is unacceptable to simply sign on the form printed on the computer. Independent writing makes it possible to conduct handwriting examination if necessary.
- All amounts indicated in the document should not only be written in numbers, but also transcribed in words. This eliminates the likelihood that someone will ascribe or clean up the extra figure.
- If we are talking about amounts in foreign currency, you should definitely indicate that the return of the entire amount should be made at the rate at the time of the final settlement.
- It must be remembered that if the receipt does not say anything about interest or forfeit, the contract is automatically considered interest-free.
- The text should indicate that the money was transferred directly at the time of writing the receipt, and also indicate the place (full address) where exactly this happened.
It is also worth considering a few more points. The text of the receipt should not indicate the business purpose of the loan. If it is indicated that the money was lent for commercial purposes, this can be regarded as a risk, which the lender was aware of in advance. If the case "does not burn out", the funds may not be refundable.
When preparing a document, it is necessary to double-check the passport data of both parties indicated in the document.
What to add to the text
There are at least 7 points that must be present in this document:
- Name of two parties (compiler and lender);
- details of their passports, TIN, address of residence and registration;
- the exact amount written in letters and numbers;
- the place, date and the fact of receiving the money are indicated;
- the term for the repayment of funds is indicated (if provided);
- the basis for the transfer of money is indicated;
- full and legible signature of the parties to the contract and likely witnesses.
If the example of a receipt for money receipt offered to you does not contain any of these points, you should think about a likely fraud.
Receipt of funds
Although there is no exact single sample for writing a receipt, you should still adhere to the above rules. Having studied the example of a cash receipt, presented below, you will protect yourself from a large number of troubles.
Receipt
June 28, 2015, the city of Pupinsk
I, Levandovskaya Irina Nikolaevna, born 01.03.1974, passport series - 3469 No. 21688, issued September 17, 2006, by the FMS department of the Akhtyrsky district of Pupinsk, registered and residing at:
Pupinsk, st. Loskutovaya, d. 22, apt. 195, I borrow from Kirichkovsky Nikita Yakovlevich, 11/06/1964 year of birth, passport series - 1677 No. 331688, issued on 08/26/2011 by the FMS department of the Tikhvinsky district of Tykvinsk, residing at:
Pupinsk, st. Raisin, d. 7, apt. 10 registered at:
Tykvinsk, st. Istomina, 116, financial assets in the amount of 1,130,000 (one million one hundred thirty thousand) rubles at 5 (five)% per annum. I undertake to return the funds received and the entire amount of interest up to September 22, 2017.
The receipt was compiled by me personally and voluntarily. The money was transferred to me in full at the time of signing this document.
Lewandovskaya Irina Nikolaevna (signature).
In approximately the same way, receipts are drawn up when buying / selling housing, receiving alimony and other cash payments.
Security receipt
Now let's look at another example. In this case, one party transfers the apartment for use, and the other party agrees to keep it in proper condition. So, an example of a receipt for an apartment:
Receipt
03/13/2016, Netovsk
I, Ivaschenko Ilya Nikolaevich, 11/11/1981 year of birth, registered at:
Illichivsk, st. Lenin, d. 48. Passport series: 5469 No. 100295, issued by the Department of the Federal Migration Service of the Primorsky district of Ilyichevsk.
I undertake to maintain the apartment I rented at the address: Netovsk, st. Shevchenko, d. 1, apt. 55 in good order and in good condition. In the event I cause damage during my stay in this apartment, I undertake to reimburse the full cost of the damaged property. At the time of transfer of housing for use, doors, windows, a refrigerator, a stove for cooking, a washing machine and all the furniture located in the apartment are in good condition.
The receipt is valid for the entire period of my stay in the above premises and will be returned to me at the end of the rental period.
The receipt was compiled and written by me personally and voluntarily.
Ivashchenko Ilya Nikolaevich (signature, date).
Receipt of documents
As you can see, the receipt does not have to be associated with the receipt and transfer of funds. And here is another example of a receipt that is not related to the movement of money. It also has its own nuances of compilation.
Receipt of receipt of the document:
I, Anna Ivanovna Lioznova (passport of series 3456 No. 100967, issued on March 17, 2006 by passport office No. 2 of St. Petersburg, registered and live at: Kiziyarskaya St., 8, apt. 17, St. Petersburg) , received in the personnel department of Cher-Life OJSC the labor book of her husband Lioznov Ivan Evgenievich for further transfer to its owner.
I have no complaints about the execution of the document (work book).
08/18/2016
Lioznova Anna Ivanovna (signature).
As you can see, receipts are very different. In any case, think carefully before signing such a document. Even if the required form of writing is not maintained exactly, the receipt will have legal significance. If the obligations undertaken are not fulfilled, the document may be submitted to the court.