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 you decide to help close people (or just good acquaintances) in a difficult moment, you need to do it in such a way as not to harm yourself.

In order to avoid getting into an unpleasant situation when you cannot return money borrowed temporarily from a seemingly responsible person, you should arrange 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 should not throw it away left and right, lending it 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 lending money must confirm with his signature that he received the money in full size 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.

“Trust, but verify” - this is what it says folk 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 times the minimum wage), 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 correctly and legally drafted, then you will not have problems in the process of asserting your legal rights during court proceedings (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 you have a 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 must necessarily 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 for 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 anything can be entered at any time; various types of corrections and blots are not allowed; 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 period limitation period according to the existing requirement, therefore, the receipt itself does not have 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 consider 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 (passport SI 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. Interest is given special attention, since there are a number of nuances in this issue.

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 by ________________________________________________________________,
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 Vasilyevna Somkina, passport series 0000 No. 00000, issued by the Department of Internal Affairs of the Basmanny district 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 Department of Internal Affairs 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 has been made in full.

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 drafting rules and characteristic features, 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 the exact interest rate. 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 severe situations, debt collection is carried out through claims proceedings.

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

To do this, the latter submits documents to the court. Having received 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

is a written document that confirms the transfer of funds as a loan to another person. In other words, this is official proof of the loan. According to civil law (clause 1 of Article 807 of the Civil Code of the Russian Federation): the lender transfers the right of ownership of funds or other valuables.

The main purpose of the receipt (only if drawn up correctly) is the possibility of returning the debt with the help of the court when the debtor has not returned it within the specified period or refuses to do so at all.

Compilation must be done by the borrower himself. You can use a ready-made form where you need to fill out the specified data by hand.

In this article:

Types and features

It is common among citizens to confirm their obligations with a receipt. Moreover, this concerns not only money, this includes the absence of claims, as well as the receipt of documents.

Debt receipts are conventionally divided into several types. For this purpose they are used different criteria, which it can serve as.

Transfer object:

1. Monetary - if the amount, in accordance with the amendments to the Federal Law dated July 26, 2017 N 212-FZ, Article 808, paragraph 1., exceeds no less than 10 times the minimum amount of remuneration fixed by law (for individuals).
2. Property - transfer of valuables or valuable property on debt.

Availability of payment for applying the loan:

1. Interest - the lender has the right to receive interest from the debtor in the order and amount determined by the agreement (Federal Law of July 26, 2017, Article 809, paragraph 1.);
2. Interest-free - Federal Law dated July 26, 2017 N 212 art. 809 clause 3: the loan agreement will be without interest rate, unless it expressly states otherwise.

Return date:

1. Urgent.
2. According to the creditor.

Purpose of the receipt:

1. For child support due to one of the parents living with the child.
2. To receive valuable documents or papers.
3. Debt – about the transfer of a specific amount of money that must be returned within a specified period.

The most common type is a promissory note. It is drawn up in one copy and left to the creditor.

Subject to the issuance of a loan for a short time(urgent), the return date is indicated in the promissory note. It is envisaged to formulate conditions for the repayment of the debt - in parts with the frequency specified in the contract.

In case of issuing a loan in cash equivalent legal entity according to Federal Law dated July 26, 2017 N 212-FZ Art. 809 paragraph 1., the debtor’s receipt appears prerequisite, regardless of the amount.

Compilation requirements

The need for documentary evidence is noted in the Civil Code of the Russian Federation, Art. 808 “Form of loan agreement.” Paragraph 2 states that confirmation of the borrower's obligations may be a receipt or other document confirming the transfer of the loan.

The fact that the document is drawn up in writing is indicated in the first paragraph of Article 808 of the Civil Code of the Russian Federation. This is the main feature of a debt obligation.

The basic rules for drawing up a document when a borrower receives a loan include the following requirements:

• compliance with the receipt form;
• reliable data that can be identified, passports are important;
• the amount of debt, which implies not only the accuracy of the numbers, but also the currency;
• the document must indicate that the document is confirmation of the loan agreement;
• the receipt may include information about the intended purpose of using the money (amendments to the Federal Law dated July 26, 2017, Article 814 of the Civil Code of the Russian Federation);
• it is advisable to provide for interest, but it is not recommended to overestimate it so that the court does not recognize the transaction as enslaving;
• the date of return will speed up the return of funds to the creditor, although the period may not be indicated (clause 1 of Article 810 of the Civil Code of the Russian Federation).

In relation to term loans, the date is a mandatory point. If it is not indicated, the money must be returned within 30 calendar days from the date of the lender’s request.

When a debt agreement is drawn up, witnesses may be present. This is not mandatory rule, but highly recommended. The number of witnesses from two people who also sign the document. Such circumstances will be beneficial for both parties to the transaction.

IOU between individuals acts as a kind of confirmation of the agreement to receive money in debt. Provided it is properly maintained, it is valid. Using such a document in court will help you get your money back.

The form of the promissory note is written (Article 808 of the Civil Code of the Russian Federation), and includes the following mandatory items:

1. At the top center is the inscription “Receipt”.
2. The locality where the loan transfer will take place.
3. The date of signing the agreement and receiving the loan is “DD-MM-YYYY”.
4. Full name of the person who is the borrower and the lender. Abbreviations are prohibited so that passport data can be verified.
5. Details – address, telephone/mobile numbers and other similar information.
6. The exact loan amount including kopecks; it is recommended to duplicate the numbers in words.
7. At the end, the obligatory point is the borrower’s signature. It must correspond to its true appearance under normal conditions.

When drawing up a document, it is important to check the data with your passport for errors. At the request of both parties, two additional conditions can be included:

1. The repayment period for the borrowed money and the payment procedure - the entire amount at once or in installments with a certain frequency. The return date must be specific - “DD-MM-YYYY”. Such requirements are typical for urgent promissory notes. (Clause 1 of Article 810 of the Civil Code of the Russian Federation).
2. The interest rate for the use of money, the monthly interest rate is practiced. Another option for calculating interest is also possible. A fine should also be indicated in case of late payments or violation of the terms of repayment of the loan (clauses 1, 2 of Article 809 of the Civil Code of the Russian Federation).

The terms of registration can be chosen by one of the parties. The legislation does not provide for requirements for drawing up a receipt. For such an agreement it is necessary mutual agreement both parties to the contract.

At the time of signing the contract, it is necessary to think about how the lender will receive the money after the loan expires.

Civil legislation Art. 810 paragraph 3 provides that the loan amount is considered repaid when it is transferred to the creditor or credited to his bank account. Documentary proof of receipt should also be drawn up so that the borrower, if necessary, can prove the fact of return.

Do I need to have the receipt certified by a notary?

Notarization is not mandatory, since a receipt in handwritten form already has legal force, which is confirmed by Art. 808 of the Civil Code of the Russian Federation. A promissory note certified by a notary also has many advantages:

1. The document will be checked for legality.
2. It serves as strong evidence for the court.
3. The notary will immediately confirm the identity of the borrower.

However, do not forget that such services are paid. This factor is often the reason for refusing the notary's intervention. You can judge its necessity by how serious the deal is. Notarization is a voluntary decision of the parties to the contract.

Article 163 of the Civil Code of the Russian Federation, clause 2, provides for mandatory notarization of transactions in two cases:

1. If required by law.
2. When both parties express such an intention.

However, there are no such obligations in relation to the receipt. And yet Art. 163 of the Civil Code of the Russian Federation obliges contracts to be certified. If you want to protect yourself, you need to draw up a loan agreement, where this document will be part of the agreement. Thus, the document will be notarized.

In what cases is it necessary to do without a notary?

Obtaining a loan may also require notarization, which is provided for in Art. 160 Civil Code of the Russian Federation. Paragraph 3 of this article states that it is necessary to certify promissory note at a notary, if a trusted person signs instead of the borrower.

In this case, the conditions for using proxies should be taken into account:

• physical disabilities that do not allow you to sign a receipt with your own hand;
• illness;
• illiteracy of the borrower.

The signature of the authorized representative must be certified by a notary or another person having similar authority.

In addition, the law provides for two cases when notarization is necessary:

1. A joint decision between the lender and the borrower.
2. When the loan amount is ten times the minimum wage, notarization will be a good reason to consider the case in judicial procedure if the borrower does not comply with the terms of the agreement. (Federal Law dated June 19, 2000 N 82-FZ).

A certified document inspires more confidence, which encourages you to use the services of a notary.

Rules for drawing up a receipt not certified by a notary

The promissory note is written directly by the borrower. It will be valid if the requirements of Art. 808 of the Civil Code of the Russian Federation.

Provide reliable passport data and details if you have a passport. The date is in full format, since the document is valid for three years. Amount in written and Arabic format.

Penalties should be provided for in case of failure to comply with the conditions on the part of the borrower. Only if all conditions are met when writing the document, it comes into legal force.

Presence of witnesses when drawing up a promissory note

The legislation of the Russian Federation does not oblige the involvement of witnesses to draw up a loan agreement - a promissory note. Their involvement is a voluntary desire of the borrower or lender. As a result of litigation, these individuals may become a key factor in resolving the dispute.

To avoid the use of perjury in court, the creditor has the right to require that the data of witnesses and their signatures be included in the contract. In this way, he will protect himself from wrongful accusations.

Mistakes made when drawing up debt receipts

Competent writing is the key point of composition. At the same time, many make mistakes, as a result of which the document may be declared invalid (enslaving).

The most common mistakes may be:

1. There is not enough information about the debtor. This happens when no attention is paid to passport data, and there is no identification control on the part of the lender.
2. Invalid form. Article 808 of the Civil Code of the Russian Federation - the handwritten form has legal force. The court may well not recognize what was typed on a computer as evidence.
3. There is no deadline for repayment of debt.
4. Incorrect description of the goal or its absence as such.
5. The loan amount is written only in numbers.
6. The phrase “I received the money personally” is missing.
7. There are no signatures of witnesses who were present during the signing of the document.
8. When a loan is taken out in a foreign currency, it is necessary to indicate the equivalent in rubles, as well as the exchange rate. This is often neglected.
9. Not registered legal consequences delay in payment or its absence as such.
10. At interest-bearing loan, the contract must include information about the interest rate.

These factors should be taken into account because one discrepancy could prevent the lender from getting their own money back.

Suspicious receipt

When drawing up debt agreements, violations often occur. There are unintentional mistakes that a person makes purely mechanically or due to ignorance of the intricacies of the law. However, it happens that a person deliberately falsifies a document in order to avoid paying a debt.

A suspicious, forged receipt is an illegal act, which is very common in civil relationships. Punishment for such actions is provided for by the Criminal Code of the Russian Federation dated June 13, 1996 N 63-FZ Art. 303. The culprit may get away with a fine, compulsory labor, correctional labor, or imprisonment for a period decided by a court decision.

To confirm the falsification of a signature or handwriting, an expert examination is used. The petition for an examination is submitted by the plaintiff, it is written in his own hand and paid for by him. If this dispute is won, all costs will be reimbursed in full.

When the examination is powerless or in doubt, the right to question the person acting as the creditor can be used. However, it is necessary to involve a competent lawyer who will professionally identify the shortcomings of the receipt as a result of inconsistencies in the testimony.

If falsification is discovered or if the evidence appears suspicious, a case of fraud must be initiated. This the right decision, if you do not want to become a victim of wrongful accusations.

Conclusion and conclusions

Concluding a transaction to lend money requires thorough legal preparation on the part of the borrower and the lender equally.

To summarize:

1. It is important to correctly draw up documents - contracts and promissory notes.
2. Strict control of the reliability and correctness of information.
3. Please take legal requirements into account.
4. If you do not understand any issues, consult a lawyer.
5. Do not avoid contacting a notary, this increases the chances of debt repayment; it is not recommended to save in this matter.
6. You write down in the document all the necessary and even additional requirements, for greater confidence.
7. Bringing witnesses with legal support will be an advantage.
8. It is better to choose people you trust as witnesses to avoid falsification of information.

Situations in which any amount of money is urgently needed happen to everyone. It is not necessary to resort to bank loans or go to a pawnshop or microfinance company.

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Completely legal for citizens Russian Federation considered to be a loan agreement or receipt between individuals in 2019.

But when using these methods of obtaining a loan, you should know some nuances. They will protect you from mistakes and scammers.

What you need to know

It will indicate the direct transfer of funds. Such a document is a guarantee for both the borrower and the lender. Indeed, in the event of legal proceedings, the receipt will be attached to the case.

Basic Concepts

For what purpose is it created?

When executing a loan transaction, one of the mandatory items is drawing up an agreement. What is it for? This document is the best way regulating the relationship between those who issued it and those who are obliged to repay it. A loan agreement is possible.

The contract specifies the following points:

• the total cost of the loan - including commissions and interest rates for the entire loan period;
• interest rates and fines for late payments;
• schedule for depositing amounts and amounts of payments;
• the need to provide collateral.

All these points help to spell out the terms of the loan more clearly and structuredly so that there are no misunderstandings. The receipt can exist as a separate document or as an annex to the agreement.

In any case, it is filled out for the following reasons:

1. To regulate the moment and fact of transfer of the loan subject.
2. If necessary judicial trial this document will play an important role.
3. Monitor the expenditure of funds by indicating in the receipt the purpose for which the money is issued.

In each of these options, the receipt will be an additional document that controls both the borrower and the lender. Therefore, in most cases it is recommended not to neglect the preparation of this document. A sample promissory note is available.

Current standards

One of the main legislative acts that regulates the drafting and filling of a loan agreement is. It is worth understanding that this law does not apply to loans for non-consumer purposes.

The receipt is directly discussed in. Paragraph 2 provides for the possibility of using such a document as an annex to the loan agreement.

The mirror position is contained in . It states that both the borrower and the lender, at the first request of the other party, must provide a receipt of receipt of the obligation and the removal of claims from the borrower.

If the creditor refuses to draw up such a document, then the borrower may not pay the debt in full and go to court. Then it is not the borrower who is considered delinquent, but the lender.

If it is necessary to completely replace the entire loan agreement with a receipt, then they rely on. It says that between civilians there is a replacement of the loan agreement with.

Design highlights

According to the current legislation of Russia, a loan agreement can be drawn up in two types:

In order to draw up an agreement between individuals, it is not necessary to use a loan agreement. After all, this document is complex and voluminous. So, to formalize it, most often you should resort to the help of lawyers.

People who do not have the opportunity to contact a specialist use the simplest and most profitable option for recording a transaction on paper - a receipt. This document contains all the necessary information about the agreement.

It is worth noting that such paper does not need to be certified by a notary. It is simply sealed with the signatures of the parties to the transaction.

In the case of significant amounts of money or expensive items of the transaction, it is worth contacting a specialist and even notarizing the agreement.

General rules for drawing up when receiving borrowed funds

The loan agreement and the receipt have their own drafting features. After all, each of these documents is designed to contain both the main provisions of the agreement and the nuances of the transaction. This should not be forgotten.
If the receipt is short description obligations, then the contract takes into account all the details of the agreement.

In the main part you should indicate:

1. Borrower's full name.
2. Lender's name.
3. Passport details of both parties.

It is worth noting that currency transactions between individuals are prohibited in Russia. However, the contract may indicate the amount in foreign currency and in the Russian equivalent. It should also be noted that the amount must be refunded at the exchange rate at the time of repayment of the debt.

But there is one condition for such a calculation - the loan amount must exceed 5 thousand rubles. Only in this case will automatic accrual of interest occur.

It is also necessary to remember that if the loan is provided on an interest-free basis, this feature is indicated in the title of the document - in the name of the loan. Otherwise, it will be considered interest.

What guarantees does the document provide?

Every lender and borrower must understand that a receipt for a loan between individuals does not guarantee repayment of the debt.

In our age of market relations, borrowing money and things has become commonplace. Some decided to borrow money to buy a home, some to develop a business, and some even “before payday” - there is nothing to live on. However, in all these cases, both the borrower and the lender need to know at least the basic provisions of the legislation governing these legal relations.

Agreement or receipt

As a rule, a loan agreement between individuals is drawn up by a receipt. From the point of view of the Law, it does not matter how the relationship between the lender and the borrower is formalized - a loan agreement or a receipt, the main thing is that this document, drawn up in simple written form, certifies the transfer of a sum of money by the lender to the borrower. The details of such a “document” are: surname, first name, patronymic of the parties, their passport details, place of residence; the amount of money, the date of receipt by the debtor, the term of the loan, interest on the use of funds and interest on late repayment of the debt (if the parties have agreed on this), the borrower’s signature with a transcript. However, it is possible to return the debt under a receipt in court, even if the “debt document” only indicates the amount of the debt, who transferred the funds to whom, and the borrower’s signature. Failure to indicate the loan term, interest and date of issue does not make the document invalid.

Is it possible orally?

The law allows you to conclude a loan agreement orally if the loan amount is less than 10 minimum wages, which is 1000 rubles. If you still borrow money from someone larger size and did not draw up a written document (did not take a receipt), it is unlikely that you will be able to prove that the loan took place. A lot of witnesses who are ready to confirm in court that they saw you transferring money will not help you, because in confirmation of the terms of the agreement (in in this case loan) according to the law, it is unacceptable to refer to them.

Do I need to have the receipt certified by a notary?

A simple written form is sufficient. This literally means that you can create an IOU on any piece of paper! It is up to the parties to the loan agreement to decide whether to certify it later with a notary. It should be remembered that the notarized form of the receipt does not give it any greater legal force and does not make it more powerful evidence in court.

Type or write by hand?

It is better if the receipt is written by hand by the debtor (borrower). Then, if the debtor challenges the authenticity of his signature on a document in court, the expert will have more samples of the debtor’s handwriting to give an opinion and, accordingly, the expert will be more likely to answer the question: “is this the borrower’s signature?”

Can I borrow in foreign currency?

Very often, the subject of a loan agreement is foreign currency, such as dollars and euros. According to the Law, monetary obligations must be expressed in rubles. However, a monetary obligation may stipulate that it is payable in rubles in an amount equivalent to a certain amount in foreign currency or in conventional monetary units. In this case, the amount payable in rubles is determined at the official exchange rate of the corresponding currency or conventional monetary units on the day of payment. Thus, the receipt should indicate not “received a loan of money in the amount of, for example, 100 US dollars,” but “received a loan of ... Russian rubles, which is equivalent to 100 (one hundred) US dollars.” Despite the fact that in 2002, in one of the “reviews of judicial practice”, the Supreme Court concluded that “a loan agreement containing an indication of foreign currency is subject to the same rules as a loan agreement concluded in rubles", it should be remembered that not all lawyers (and judges) share this point of view of the Supreme Judicial Body, and arbitrage practice tends to change unexpectedly. Therefore, when borrowing in foreign currency, do not forget the word “equivalent”, otherwise the lender risks not receiving anything due to the invalidity of the transaction, which does not comply with the requirements of the law (Article 317 of the Civil Code of the Russian Federation).

Challenging for lack of money

According to Article 812 of the Civil Code of the Russian Federation, the borrower has the right to challenge the loan agreement on the basis of its lack of funds, proving that money or other things were not actually received by him from the lender or were received in a smaller quantity than specified in the agreement. It should be remembered that if the loan agreement must be concluded in writing (), challenging it due to lack of money through testimony is not allowed, except in cases where the agreement was concluded under the influence of deception, violence, threat, malicious agreement between the borrower’s representative and the lender, or coincidence difficult circumstances (Article 812 of the Civil Code of the Russian Federation). As an example of the possibility of proving by testimony the lack of funds for a loan (as concluded under the influence of violence or threat), the following example can be given. A shortage has been identified at the company. The employer, under the threat of dismissal and contacting law enforcement agencies, forces the employee responsible for the shortfall to write a promissory note for the amount of the shortfall. In this case, the court may refuse the employer to collect this amount of the “loan” from the employee if the latter proves that the money was not actually transferred to him, the receipt was written under threat, and this is confirmed by witnesses.

The lender may be refused to collect the loan amount even if it does not follow from the text of the agreement or receipt that the borrower has received the money. For example, the phrase in the agreement “the lender undertakes to provide funds” does not mean that the funds have already been provided. Such an agreement must be recognized by the court as not concluded.

Interest for use

By general rule The loan agreement is assumed to be for compensation. This means that even if the agreement (receipt) does not indicate the amount of interest that the borrower must pay you for using your money, you still have the right to demand their payment. The amount of interest is determined by the existing bank interest rate (refinancing rate) on the day the borrower pays the debt amount or its corresponding part. If the agreement does not contain a condition on the payment of interest for the use of the loan amount, then the loan agreement will be assumed to be gratuitous only in two cases specified in Article 809 of the Civil Code of the Russian Federation: when the agreement is concluded between citizens for an amount not exceeding fifty times the amount established by law minimum size wages (which is 5,000 rubles today – author’s note), and is not related to the entrepreneurial activity of at least one of the parties; and when, according to the agreement, not money is transferred to the borrower, but other things determined by generic characteristics.

We also recommend a later publication: “Statements of claim for the collection of funds (debt) under a loan agreement, receipt. Sample” with comments and examples statements of claim, examples of calculation of interest collected under a loan agreement (receipt) on the loan amount, interest for illegal use of funds