If you lend your money, you need to make sure that this event is documented. The usual way to document the transfer of money is to issue return receipts Money and about getting them.
A return receipt confirms the fact that the money has been returned to the creditor. Consider the issues that arise when compiling such a receipt.
Receipt for the return of funds must be drawn up in a simple written form.
It is allowed to print a receipt on a printer, but this faceless document will not be subject to handwriting examination and, therefore, the reliability of such a receipt will be in question. For the examination of handwriting, a signature alone is clearly not enough.
Firstly, the more material, the more reliable the conclusion of the handwriting expert, and secondly, it will be very difficult to bring such an accusation against a handwritten receipt that “the signature was on an empty sheet, on which the text of the receipt was then printed.”
The receipt must indicate not only the amount of money transferred, but also the reason for the transfer. When transferring money on account of the fulfillment of obligations under the agreement, it is necessary to write about it: “On account of paying 50% of the prepayment under the contract for the provision of services No. ___ dated “__” ________ 20__.” or “In payment for the installation of a stretch ceiling of 32 sq. m. in the apartment at the address "____________".
If you do not indicate the reason for the transfer of money, then in the event of a dispute, a situation is not ruled out in which the party that received the money will insist that the money was received not under the contract, but in payment of your debt, for example.
If the transfer of money took place at interest, this fact must be indicated in the text of the receipt.
However, even without indicating interest, they can still be recovered from the debtor at the current refinancing rate of the Central Bank of Russia.
If the money is transferred in the currency of a foreign state, it is important that the name of the currency be spelled without errors. You also need to clarify the exchange rate at which you expect to get your money back if they are returned in rubles.
An essential detail of the debt receipt is the date the money was repaid. From the date of return written in the receipt, the limitation period is calculated, which is equal to 3 years. After 3 years, it will be useless to sue.
What if the text of the receipt does not indicate the date of return? - Then the debt is considered unlimited, and before going to court, the creditor must demand a return of money from the debtor.
Sample receipt for refund
According to the requirements of Russian legislative acts, the text of the receipt for the return of money should be approximately as follows (only a sample receipt is given here, the text may vary):
Receipt
I, Ivanov Sergey Ivanovich, born on 10/13/1993, passport data 7321 No. 888888, issued on 10/15/2007. department of the Federal Migration Service for the Krasnoarmeisky district of St. Petersburg, registered and residing at the address: St. Petersburg, st. Bogdan Stupka, 14, apt. 47, I hand over to Sergeev Danil Izmailovich, born on 11/14/1990, passport data 7322 No. 777999, issued on 12/12/2004 by the Department of Internal Affairs of Russia for the central district of St. Petersburg, registered and residing at the address: St. Petersburg, avenue Pyatiletok, 47, apt. 33, on account of payment for installation front door in my apartment at St. Petersburg, st. Bogdan Stupka, 14, apt. 47 cash in the amount of 35,000 (thirty-five thousand rubles 00 kop.)
Date, signature of the customer who paid the money and the signature of the contractor, with which he confirms their receipt.
The same receipt for the return of funds can be written on behalf of the master who received the money. It might look something like this (sample writing):
Receipt
I, Sergeeva Danil Izmailovich, born on 11/14/1990, passport data 7322 No. 777999, issued on 12/12/2004 by the Department of Internal Affairs of Russia for the central district of St. Petersburg, registered and residing at the address: St. Petersburg, Pyatiletok Avenue, 47, apt. 33, received from Sergey Ivanovich Ivanov, born on 10/13/1993, passport data 7321 No. 888888, issued on 10/15/2007. department of the Federal Migration Service for the Krasnoarmeisky district of St. Petersburg, registered and residing at the address: St. Petersburg, st. Bogdan Stupka, 14, apt. 47, in payment for the installation of the front door in his apartment at St. Petersburg, st. Bogdan Stupka, 14, apt. 47 cash in the amount of 35,000 (thirty-five thousand rubles 00 kop.)
Date, signature of the contractor who received the funds and the signature of the customer, with which he confirms their payment. I have no claims against Ivanov Sergei Ivanovich.
Repayment of a debt on a receipt
If you lend money and at interest, then in the receipt for the transfer of money in debt you must indicate the amount of interest at which the money was transferred, and in the receipt for the return it must be clearly stated that the required amount of interest has been paid in full.
You can notarize a receipt for the return of funds, although there are no requirements for this in the law.
What does the law require? Article 408 Civil Code obliges the creditor, at the request of the borrower, after receiving the return of the amount of money, to issue a receipt for the receipt of funds for the debt. Or it is permissible to put an inscription on the repayment of the debt on a receipt for receiving funds in debt. As you can see, there are no clearly defined requirements for the execution of documents in the law. We can only recommend that you adhere to the following rules: draw up a receipt in writing; prescribe the full name, passport details and addresses of registration and residence of both the lender and the borrower; prescribe the transferred amount with interest and make notes on the IOU immediately upon the return of the previously occupied amount.
How to write a debt statement
If you do not know how to write a receipt correctly, use our recommendations.
The receipt is written in a simple written form. It is possible to fill out the document on a computer, but from the point of view of reliability, it is better to write by hand so that if problems arise, handwriting examination can be carried out. If it seems to you that a handwritten signature will be enough for the examination, then this is not so. It is not always possible for experts to identify a person's handwriting only by signature.
If funds are transferred by receipt in connection with the execution of any contract, then this should be mentioned in the text itself. That is, an indication of the following type is mandatory: “On account of the payment of the principal amount under the sales contract dated ____ No. ____”. If we are talking about the contract for the provision of services, then the receipt should be, for example, written: “On account of payment for the repair of an apartment located at ______”. Otherwise, the party to the contract that received the money on receipt can say in court (if it comes to it) that the money was simply transferred - not as payment under the contract, but, for example, as debt repayment.
In the case when money is issued at interest, it is obligatory to indicate it in the text of the receipt.
But even if interest is not specified in the receipt, they can still be recovered from the debtor at the key rate of the Central Bank of the Russian Federation. This applies to cases of delay in repayment of the debt.
Money is not always borrowed on receipt in rubles. If we are talking about foreign currency, then check that the reference to it is correct, and do not forget to write at what rate the money should be returned.
It is mandatory to indicate in the text of the promissory note the date by which the money must be returned. This is due to the fact that it is from this date that the statute of limitations associated with going to court will be calculated. It is 3 years old. If you “forgot” to specify the repayment period, then your loan will be considered indefinite; and before you go to court, you will have to present a claim to the debtor (defendant) for the return of the debt.
Receipt for the return of money (sample)
Taking into account all the requirements of the law, a sample receipt for a refund is as follows.
"Receipt
I, Vasilyeva Tatyana Andreevna, born on September 28, 1989, passport data 7304 No. 222222, issued on January 1, 2012 by the Department of the Federal Federal Migration Service for the Zavolzhsky District of Ulyanovsk, registered and residing at the address: Ulyanovsk, st. Dimitrova, d. 8 apt. 14, I hand over to Ivanov Petr Mikhailovich, born on 09/02/1964, passport data 7305 No. 333333, issued on 01/01/2013 by the Department of Internal Affairs of Russia for the Ulyanovsk Region, registered and residing at the address: Ulyanovsk, st. Iron Division, d. 15 apt. 89, on account of repayment of the debt, cash in the amount of 50,000 (fifty thousand) rubles.
Don't know your rights?
Date and signature of the borrower who returned the funds, as well as the signature of the lender certifying the receipt of funds.
A similar receipt can be drawn up at the request of the borrower and the recipient of funds. An example of such a document looks like this:
"Receipt
I, Ivanov Petr Mikhailovich, born on 09/02/1964, passport data 7305 No. 333333, issued on 01/01/2013 by the Department of Internal Affairs of Russia for the Ulyanovsk Region, registered and residing at the address: Ulyanovsk, st. Iron Division, d. 15 apt. 89, received from Tatyana Andreevna Vasilyeva, born on September 28, 1989, passport data 7304 No. 222222, issued on January 1, 2012 by the Department of the Federal Financial Migration Service for the Zavolzhsky district of the city of Ulyanovsk, registered and residing at the address: Ulyanovsk, st. Dimitrova, d. 8 apt. 14, the funds previously transferred to her in the amount of 50,000 (fifty thousand) rubles in accordance with the receipt dated _____ 20___.
The loan was returned on time. I have no claims against T. A. Vasilyeva.
Date and signature of the recipient of funds.
Repayment of a debt on a receipt - what you should pay attention to
If the receipt for the receipt of funds indicated the interest at which the loan amount was issued, then the receipt for the repayment of the debt must also indicate that they were returned.
In addition, despite the fact that the legislator does not require this action, a receipt for the return of a debt, by decision of the parties, can be notarized.
Article 408 of the Civil Code says that the creditor, after receiving the funds, is obliged to issue a receipt for the receipt of the debt at the request of the borrower. But a receipt can be replaced by an inscription on a debt document (a previously drawn up receipt for receiving money in debt).
Thus, the legislation does not establish clear requirements for issuing a receipt for receiving a debt. The main points that you should pay attention to: a receipt for the return of a debt must be drawn up in writing, it must clearly identify both the one who returns the money and the one who is the recipient of the money; the amount of the repaid debt must be clearly stated.
It is not always convenient to contact the bank if there is not enough money for any purchase.
Borrowing money from friends, colleagues and relatives is quite actively practiced in our society and does not surprise anyone.
If a large amount is involved or at least one party to the contract is a legal entity, the transaction must be executed in writing (CC Article 808) without fail.
The repayment of the obligation by the debtor is confirmed by a receipt for the return of the debt (the sample is not unified), the competent preparation of which will save you from possible troubles later.
The transaction, the confirmation of which was a written document, is canceled (terminated) with the full fulfillment of obligations, which must also be recorded in writing (CC Article 408).
The return of the debt and the absence of claims from the creditor is confirmed by:
- return of an IOU to the debtor;
- an inscription on the return of the debt on a receipt with the return of the paper to the debtor;
- a receipt for the performance of debt obligations.
It should be borne in mind that the fact of lending money could be carried out on the basis of:
- verbal agreement;
- debt receipt;
- loan agreements;
- loan agreement + IOU.
A receipt for the return of funds in fulfillment of debt obligations is not required if the fact of the transfer of money from one hand to another was not documented initially. If the paper was drawn up and signed, then the second paper is essential, which will eliminate the manipulation by the creditor and the conduct of a dishonest game.
The Civil Code requires all transactions from 10 thousand rubles to be documented in writing (Article 161). The loan agreement is highly recommended for the amount of 10 minimum wages (Article 808). The minimum wage is set at 7,500 rubles (FZ No. 164 2016/02/06, article 1), and from July 2017 it corresponds to 7,800 rubles (FZ No. 460 2016/19/12, article 1).
All points and conditions that are reflected in the promissory note must also be reflected in the return receipt (interest, terms, currency). You should carefully consider the currency of the loan. On the territory of the country, the ruble is legalized as a payment unit (CC art. 140,).
Any loan in foreign currency is recommended to correlate with the current rate.
When collecting a debt through the court, the verdict is issued in the ruble equivalent (Letter of the Presidium of the Supreme Arbitration Court No. 70 2002/04/11; Resolution of the Plenum of the Supreme Court No. 54 2016/22/11 pp. 27-32).
An exception is the case when the debtor has a bank account in foreign currency, to which debt collection can be sent.
Notarization is not required, as a receipt for borrowing or repaying a debt, drawn up in accordance with the rules, has legal force. Approval of the document by a notary, which is very costly in its essence, does not matter in this case.
The due date must be met. Claiming a debt through the court on a receipt (agreement) without a date is possible only after notifying the debtor of the need for settlement and failure to fulfill the claim within a week on receipt (CC Art. 314) or a month under a loan agreement (CC Art. 810).
For safety net, you can insert a penalty clause in the original document for late payment. When specifying penalties in one document, the mention of the implementation of this paragraph (or the absence of grounds) should appear in the second document.
Rules for writing a receipt for the return of a debt
The rules applicable to IOUs also apply to IOUs:
- The requirement of written form should be taken literally. Receipt collected using technical means, increases the risks, as there is practically no handwritten text in it. Writing a document by hand will allow for a graphological examination, which will exclude forgery and falsification. An autograph affixed to a prepared form is not sufficient for identification.
- Be sure to indicate the name of the debt that is returned. If the money covers any contract, then the full name and number of the contract must be noted. If the transferred amount is a payment for services rendered, it is necessary to describe the service provided in as much detail as possible. The lack of decoding of the repaid debt creates ambiguity: the money could have been transferred just like that.
- Payment of interest and / or penalty is prescribed in the receipt as a separate item.
- The currency of the refund must be indicated taking into account the current exchange rate (CC Art. 317).
- The maximum information about the participants in the transaction simplifies the identification of individuals.
- The maturity date of the debt allows you to verify the correct payment of interest and the groundlessness of the claims for a penalty for an overdue debt.
What should be included in the receipt
Carelessness when writing a receipt, as well as ignoring the rules for its preparation, can lead to a dispute between the parties, which cannot be settled in court due to mistakes made.
A receipt for the performance of debt obligations contains:
- date and place of writing;
- comprehensive information about the participants without unauthorized abbreviations: full name, passport data, place of registration and actual location, contacts;
- the amount of the refund in figures and words (the verb indicating the return of money must be present in the text) - the currency of the refund must be the same as that indicated in the original document;
- the amount of interest paid and penalties, if any;
- indication of the name of the debt (previous contract, services, etc.);
- indication of the date of repayment of the debt in whole or in part (depending on the terms of the original agreement / receipt);
- indication of the place of transfer of money;
- the number of copies of the document.
A debt repayment receipt: what is its necessity + how to draw it up correctly + what are 4 options for what a lender should do if the debtor does not repay the loan.
Debt relationships between relatives, friends and acquaintances are a common practice. Often, the transfer of money is carried out on trust, and the terms and conditions for the return are discussed orally. This is a fundamentally wrong approach to business, even if it concerns close people. And it is especially dangerous if the loan is from a private person. Documentation of the transaction and its completion is not just a formality, but also a guarantee of the seriousness of the parties' intentions.
Like a document that is drawn up when transferring money under certain conditions, there is a receipt for the return of a debt. It is she who fixes the fact of the completion of credit relations between the lender and the debtor. What is it and how to make it - about all this in our material.
Receipt for the return of debt: why is it needed?
1. What is it?
In order to protect yourself from fraud and fix a transaction for transferring money on credit, a loan agreement is drawn up, which is supported by an IOU.
It is necessary for two parties:
- in case of ignoring and refusing to repay the debt, the creditor has the right to recover them through the court;
- the debtor is insured against a fraudulent situation in the form of non-transfer of money and demands to return a non-existent debt allegedly to the creditor.
Even with good and trusting relations between the lender and the debtor, documenting the transaction is mandatory for an amount exceeding 10 minimum wages (Article 808 of the Civil Code of the Russian Federation).
The completion of the transaction is the return of the debt. This moment also needs to be fixed in order to terminate financial obligations.
There are several ways to do this:
- give an IOU to the debtor or break it;
- make an appropriate inscription on the receipt for the transfer of money;
- for the return of the debt and sign it.
The first method is the most controversial and doubtful. A torn or handed over document can be a good color copy that a happy ex-debtor might mistake for genuine paper. After that, the fraudulent lender can demand their funds. And he will have the main proof in his hands - a real IOU.
The second method is legal and legally binding (Article 408 of the Civil Code of the Russian Federation). Since the IOU is drawn up in two copies: one remains with the lender, the other - with the debtor. If there is a corresponding mark on them, this will mean that the borrower has fulfilled its debt obligations.
The same article regulates the writing of a separate receipt. This is the surest way to prove the return of the debt.
Debt repayment receipt- this is a document drawn up on behalf of the lender stating that the terms of the loan agreement have been fulfilled, and he has received the funds previously transferred to him.
If the lender refuses to sign the receipt or put an appropriate mark, then the debtor has the right to keep the money with him and demand that the completion of the transaction be recorded.
A smart and decent person who does not have dubious intentions will certainly agree to such conditions. In addition, if the transfer of money was originally recorded in writing, that and their return must also be documented.
But scammers work according to this scheme: an ignorant borrower gives money, and a "creditor" a little later demands to repay the debt. The proof in his hands will be an overdue IOU without any marks. Unfortunately, the debtor will not be able to show anything in defense of his innocence, and the law will not be on his side.
That's what you need a receipt for the return of the debt. It allows you to exclude manipulation by a dishonest creditor.
The document itself has legal force even without notarization. The handwritten form and the signature of the parties is already the basis for a trial. But still, it will be easier to prove your case if the transfer of money and the preparation of the receipt was carried out in the presence of a notary or witnesses. This is especially true for the return of funds, which is actually not given as much attention as receiving them.
2. Rules for drawing up a receipt for the return of a debt.
If the creditor is interested in drawing up an IOU, then the debtor is interested in a document confirming his return. Their writing has an arbitrary form, but still there is certain rules and features of their design. Let's consider them.
| No. p / p | rule | Explanation |
|---|---|---|
| 1. | The law does not prohibit the printed writing of the receipt, but the handwritten version is much better for presenting it in court. | It is much more difficult to carry out a graphological examination of a single signature than when it comes to a whole handwritten text. Again, this point can greatly simplify the trial. |
| 2. | Notarization and the presence of witnesses is not at all necessary, since the receipt is legally binding in any case. | The presence of eyewitnesses carries more weight in court. This is especially true in cases where money is borrowed from unfamiliar individuals. |
| 3. | The receipt contains the exact data of the parties. | Indication of only one surname and initials is incorrect. It is important to write down the series and number of the passport, as well as the place of residence of the parties to the transaction. Such data accurately identifies the borrower and lender. |
| 4. | When drawing up a receipt, special attention is paid to details. | This includes the amount of debt, the amount of interest (indicated both in numbers and in words), as well as the very fact of returning the money on time. |
Also, do not neglect such nuances. It would seem such a formality, but it is important that the following points are indicated in the receipt:
- “I received the money”, “The money lent out was returned in full” - if such phrases are used in the present or future tense, then the debtor, even when the debt is paid, still remains a debtor.
- It is also necessary to make a reference to the loan agreement or IOU, under the terms of which the funds were issued.
- This also includes an indication that the debt is repaid with interest and on time.
Important ! A receipt for the return of a debt must be kept until the statute of limitations expires.
So, the following points should be fixed in the document:
When recovering debts by receipt, both parties can draw up counter documents and certify them with their signatures:
- the lender writes that he has received back his funds;
- the borrower indicates that he transferred the money that he borrowed.
A sample receipt for the return of a debt (compiled by the creditor who received his money back):
Sample receipt for the return of the debt (compiled by the borrower who returned the money):
Return of a debt on receipt: 4 ways to get your money back
There is an opinion that you need to lend only the amount of money that you are ready to lose without prejudice to your own financial situation. But it's still not worth letting everything go by itself.
Therefore, if you are in the place of the lender, and at one time gave a loan, then after the expiration of the transaction, you have the legal right to demand the return of debts on receipt. And you have four options.
1) Peaceful settlement.
Before the end of the IOU, you can remind the borrower that he must take care of the return of funds. But already after the time has passed, you need to apply your ability to convince.
Explain to the debtor that the law is on your side, so if the case goes to court, then he should prepare for such problems:
- damaged reputation;
- reimbursement of court costs;
- an increase in the amount of the refund after a court decision (Article 395 of the Civil Code of the Russian Federation).
To do this, you can send a written claim to the borrower indicating that you will demand a full repayment of the debt in court, as well as a list of unpleasant consequences for him: accrual of interest at the refinancing rate, repayment of funds within 30 days after the creditor's request (if the debt was not issued under the conditions of a certain period), indexation of the loan, etc.
The most compelling argument that you must operate with is your appeal to the court. And you will most likely win. You have all the cards in your hands: a receipt and no confirmation of the return of the debt.
2) Assignment of debt to third parties.
If you do not have the desire and time to send claims to an unscrupulous borrower and run around the courts, then you can assign the debt. This is where collection companies can help.By concluding such an agreement, you immediately receive a part of the debt. The "discount" goes to the collector. This is a service charge. Thus, the lender does not need to contact the borrower, write claims to him and wait for him to repay the debt.
By choosing this method of action, you lose part of the amount, but save time and money.
3) Pre-trial proceedings.
If the above two options do not suit you, but still have a desire for your money, then perhaps a solution can be found in issuing a court order.
To do this, you need to act according to this scheme:
Registration of a debt receipt.
How to make a receipt?
Lawyer's advice.
4) Debt collection through the court.
And the last resort is . If the transaction was carried out correctly, and you have supporting documents in your hands, then the judge will rule in your favor. But until the moment when the money is in your hands, it will take time (about 3-5 months), so you need to be patient.
The application can be submitted before the expiration of the limitation period, otherwise the decision will be made in favor of the unscrupulous borrower.
Step-by-step instructions for filing a lawsuit:
- Preparing documents and writing an application. A sample form can be found at the court.
It should include the following points:
- the amount of debt and interest;
- the amount of reimbursement by the defendant - services of a lawyer, payment of state duty;
- list of attached supporting documents;
- what did you do to repay the debt: filing claims, personal contact, meeting in front of witnesses.
- Payment of the state fee before submitting the application.
The case against a dishonorable debtor will be conducted in accordance with the Civil Procedure Code. By the way, it may be delayed if the defendant does not appear in court or rely on it. For example, he may claim that he did not sign any papers and did not receive any money. To do this, the court will require the results of a handwriting examination. And that will take some time.
But after the plaintiff receives a court decision in his favor, as well as a writ of execution, he hands it over to the bailiffs. They, in turn, send an order to the defendant demanding that they repay the debt and cover the losses within five days.
Otherwise, the following actions can be taken against him:
- arrest of sources of income;
- seizure of property and property rights, from which a loan can be collected.
Unfortunately, you can forget about debt repayment if the borrower literally has nothing.
The return of funds is the same responsible event as taking a loan. Now it is the debtor's turn to protect himself from the fraud and dishonesty of a private individual. A debt repayment receipt is proof of the end of a credit relationship. The lender is obliged to write it out, and the borrower must ensure that it is drawn up correctly.
For the security of the transaction, you should invite witnesses who will be present at the transfer of money, and in which case they will be able to confirm the refusal of the lender to draw up a receipt.
