At all times, there was a practice of borrowing money and leaving bills. Someone lent at interest, someone out of friendship, without requiring additional payment for such a service. But be that as it may, not all debts were repaid. Actually, as now. Suppose you can afford to lend a certain amount, but you want to be sure that the same amount will be returned to you, as promised by the person borrowing money. As the old saying goes , "friendship is friendship, but money is apart." For this purpose, there is a document with a simple and understandable name "debt receipt".
How to issue a receipt correctly?
Sample: "IOU. Leonid Leonidovich Leonov, date of birth 01/01/1980, passport No. ... issued (date of issue), police department (who issued it), registered (place of registration) and resident (place of residence), took (amount and number and words) on credit at 20% per annum for citizen Fedorov Fedor Fedorovich, date of birth 02.02.1982, passport No. ... issued (date of issue), police department (by whom issued), registered (place of registration) and resident (place of residence). I undertake to return the specified amount with interest (return date). Signature. "
A bond is written only by hand. Subsequently, if any disputes arise (if the debtor "goes into denial"), a handwriting examination will determine the author of the text. Just a signature on a text typed on a computer is not enough for examination. It is advisable to compare the signature of the borrower with that in his own passport. It happens that "professional" debtors in each new receipt put a new signature.
If you give the amount at a certain percentage, then it should be indicated on the receipt.
If the money is borrowed in a currency, the receipt should indicate which currency it is and at what rate the money should be returned.
A bond receipt must indicate (required) the date the money was returned to the creditor. From this day, the statute of limitations will begin to be calculated when applying to the court. The limitation period is 3 years. If the date is not indicated in the receipt, then the loan will be considered unlimited. It will be more difficult to achieve justice here - before applying to the court, the defendant is required to repay the loan.
Even if a debt receipt is drawn up correctly, it cannot become a guarantor of a refund. First of all, it is the honesty of the debtor. However, having all the necessary items will increase the chance of a refund if you are forced to go to court.
How to get a debt on receipt?
If the borrower refuses to return the previously taken amount (and this happens often), contact the court. The law in most cases will take your side. It’s not worth the hassle here. Lost time will play against you. Return of debt depends largely on the debtor and is divided into types:
- by status (individual or legal entity);
- on creditworthiness (availability of property: car, land, real estate, etc.), presence or absence of the possibility of collecting the required amount from the debtor;
- the basis for the occurrence of a debt obligation (receipt, loan agreement), causing harm (hooliganism, accident, etc.).
If the debtor has property that meets the requirements of the creditor, act immediately: you may be on a long list of those who require a return of the debt. The first money-initiator has more chances to repay the debt. Do not threaten the debtor with going to court. Contact there immediately. The requirement to repay the debt may prompt the borrower to take measures to remove property from the impact. Sometimes the debtor simply leaves, and finding him is not always possible. Thinking about how to repay a receipt, collect information about the person who did not return the money. All the details are important, every little thing. Your trump card is a factor of surprise.
Further analysis of the information will allow you to choose the best ways to repay the debt. Often debtors who do not have property fall under the articles of the Criminal Code when their actions qualify as fraud.