Each person has such moments in life when he is sorely lacking in cash. Some in such situations apply to the bank for a loan, while others borrow money from relatives and friends.
Borrowing money is always a risk. Moreover, the person who lends them is at risk, since there is a chance that the debtor will refuse to repay the loan or will not be able to do this for various reasons. In order to secure your finances, it is necessary to take a receipt from a person about receiving money. Issuing a receipt takes a little time, and this document immediately translates the relationship between the debtor and the creditor into the legal field.
Legal status
Sometimes you can hear information that the receipt does not actually have legal force. Many “experts” in jurisprudence confidently say that it is just a piece of paper that can be thrown away. Is it really?
The receipt of the transfer of funds is a serious document with legal force. The correct execution of the receipt guarantees that any court will take it into account. The document has a legal legal status, even if it is not notarized and will be written in any form without filling out a sample form.
In fact, the receipt of a guarantee guarantees the lender that he will be able to recover his money in case of non-return through the court. And this “unnecessary piece of paper” will be considered sufficient argument to prove the validity of the claims.
Why certify a receipt at a notary?
If the document already has legal force, why contact a notary? After all, he will require payment of his services, which is extremely disadvantageous to the debtor.
But in fact, there is a sense in this step. Notaries, like no one else, are versed in the preparation of various kinds of documents. And they will never certify paper with vague phrases or inaccurate information, or information contrary to law.
A person with a legal education will explain to the clients the rules for issuing a receipt, indicate what information the borrower and the lender should write about themselves, and make sure that the terms and conditions of the refund are clearly recorded on paper. In this case, the notary certifies two facts at once - the loan document and the fact of receiving the funds. In fact, he is a witness to the deal.
What information should contain a receipt
When making a receipt for receiving money, it is necessary to reflect the following information:
- F. I. O. - completely, without abbreviations.
- Date of birth - can be in numbers.
- Data of the main identity card - passport. It is allowed to take personal information from other documents, but from the passport more reliably.
- Information about the place of registration and address of actual residence.
- Loan amount - in figures and must be decrypted in words. In order not to be tempted to finish a couple of zeros or, conversely, to blame the lender.
- Interest rate - in numbers and words. If it is not indicated, then the loan is considered interest-free, even if otherwise specified in words.
- Date of loan repayment.
- Date of compilation of the document.
- Signatures of the parties to the contract. Be sure to compare the signature of the borrower with his signature in the passport.
Legal advice
Also, when making a cash receipt, you should use the following recommendations.
- The document must be written by hand, and not on a computer or typewriter. The borrower must write. In the event of failure to return, if the case reaches the court, this will allow taking material for the examination of handwriting and authentication of the paper.
- It is preferable to notarize the receipt. This will allow you to have a document in your hands that is not in doubt.
- The receipt should not have corrections or strikethroughs. This can lead to the fact that the court declares it null and void, it will not have legal force. Corrections are made, certified by the signature of the debtor with the date. However, it is better to avoid this, and in case of an error rewrite the document.
- Always indicate the currency.
- If you wish, you can specify a penalty for delay. This motivates the borrower to be more punctual.
- If a refund is planned on a monthly basis, in small payments, this fact should be indicated.
Attracting Witnesses
Does it make sense to draw witnesses when issuing a receipt? The court does not take into account the testimonies of third parties present during the transaction. In fact, they can only guarantee that money was transferred on a voluntary basis, without coercion by the borrower or other citizens.
However, when borrowing a large amount of witnesses, you can call. They will control the deal and sign the document to certify the fact of the transfer of money.
Although it is more reliable not to look for witnesses, but to certify the receipt at the notary public. Such evidence is not easy to refute.
Sample
A sample receipt is as follows:
Receipt
July 10, 2018
I, Popova Margarita Ivanovna (15. 06.1975 year of birth; passport data - series 4433, number 343434, issued 04.09.1999, department of the Federal Migration Service of the Leninsky district of the city of Kemerovo, registered and living in the city of Kemerovo, Stroitelnaya St., 5, q. 78) I take a loan from Sergey Ivanovich Nikitin (07/03/1987 year of birth; passport data - series 5577, number 234312, issued 12.11.2001, by the department of the Department of Internal Affairs of Russia in the Tomsk Region, registered and residing in Kemerovo, Kuznetskaya St. , d. 65, apt. 101) cash in the amount of 50,000 rubles (fifty thousand rubles) at 15 (fifteen)% per annum x I undertake to return the funds and interest on them up to June 10, 2019.
Date and signature of the debtor.
Everything must be handwritten. You can also write a receipt on a special form, which already has all the columns. It can be downloaded from the Internet or taken from a notary public.
How to protect your rights
When issuing a receipt, lenders often make mistakes. And this gives borrowers a loophole in order to refuse to pay. Most often, difficulties arise in the following cases:
- No passport details of the borrower. There are many people with complete coincidence of F. I. O., and it is difficult to prove who exactly borrowed.
- Providing a fake passport or documents of a relative.
- The fact of receiving money is not confirmed (usually this is done by a notary public).
- The return period is not indicated, which allows the borrower to not pay the debt for years.
- The percentage is not indicated (therefore, the loan is interest-free).
- The receipt is printed, not handwritten, and the signature is illegible. This gives the court the right to doubt the authenticity of the document, but the material for the examination will not be enough.
In case of non-refund, you should go to court. Although often the receipt itself makes the debtor more punctual.
Borrowers, however, need to remember the following: after paying off the debt, you need to take a receipt from the lender for a full refund. The requirements for registration are the same, and the same amounts, terms and conditions must be stipulated in it. Otherwise, the lender may declare that the refund was for other obligations and will require repayment of the loan again.