How to draw up a receipt of money: does it bring legal force? Design conditions, sample - tips on how to insure yourself from risks!

How the receipt is correctly issued - a sample of the document, data that needs to be indicated. Do I need to certify the receipt at the notary?

Content

How the monetary receipt is drawn up correctly - a sample of its design and examples of use, as evidence in court. What data must be indicated in the receipt so that it has legal force? What to do if the debtor does not want to repay debts on a cash receipt? We will talk about all this in the material below.

Receipt - sample design

I immediately want to emphasize two important points. Firstly, a receipt about receiving funds is proper evidence for the court. But only if this is a correctly designed receipt, you will find a sample design in the photo below. The one who gave their hard -earned money on receipt and issued it correctly, may count that he will be able to return funds through the court if there are problems.

The second important point should reassure the borrower, that is, the one who takes money. Because of the monetary receipt and the fact that you cannot return the money on it in time, there can be no criminal liability. And if the lender threatens you with an article on fraud and a prison term, know that these are empty words. Barling of money is clean water civil relations. And they are considered by the court of the Civil Code, which, by definition, does not provide for criminal liability.

Receipt - sample design:

There are information that should be indicated in the receipt, and without which it simply loses its legal force. If you do not indicate at least one of the following points, then you will have problems defending your rights in court.

At the beginning of the text of the receipt, a date is always set. This is a date when a loan was made.
Next, the name of the borrower is written, it must be written completely. In addition, be sure to indicate his passport data: a series and number, by whom and when it was issued.
Write in the receipt of the borrower address. If its actual address and place of registration do not match, write both addresses at once. A citizen of such and such, registered at such an address living at such an address.
In the receipt, you also need to write the name of the lender. Its passport data is not necessary to indicate.
The receipt should also indicate the loan amount, and in order to avoid problems, it is very desirable that it be written at first in numbers, and then in words. You must admit that only one unit finished to the sum can make big problems. Exactly indicate the currency in which a loan is given, for example, US dollars, and then register the equivalent of this amount in rubles.
At the end of the receipt, the name of the borrower is again completely written and his signature is placed.

It is desirable that the receipt writes by hand the one to whom the money is borrowed. This will help if in court he suddenly begins to deny that he took them. In this case, a receipt, a sample of which is stored, will become a material for a handwriting examination.

Video: We make a receipt correctly

Does the monetary receipt have a validity period?

If the receipt indicates the period for which funds are given, or the exact date to which the money needs to be returned, then the receipt has a limitation period. And it is two years since the time of time when it was necessary to repay the debt.

Sometimes in the receipt it is difficult to indicate the time when exactly you need to return the money. Then this receipt is considered one that actually does not have a statute of limitations. She may even inherit. And the money must be returned after a written requirement sent by registered mail by mail. From the moment of presentation of such a letter, two years of limitation statute of limitation begin to be counted.

Errors in the preparation of a receipt on receipt of funds

Often, money is borrowed not in rubles, but in dollars. And they forget to indicate in the text of the receipt that we are talking about US dollars. This can cause problems in court, and give scope for maneuvers to an unscrupulous borrower. Indeed, in addition to American dollars, there are also Australian, New Zealand, Hong Kong and many other types of dollars.

Sometimes it happens that when they give money on receipt, the amount is prescribed only in numbers. Over time, ink on a sheet of paper can turn pale or get lost. The borrower who does not want to repay the debt can claim that he “forgot” exactly what amount he borrowed.
If you do not indicate in the text of the receipt the complete passport data of the parties, the borrower can argue that he was not borne by him, but his Teska. Or that he did not borrow the money from you, but from another Ivanov Peter Petrovich. Although, the data of the lender is not so fundamentally indicated. The presence of a receipt in your hands is usually a significant proof for the court that it was you who jammed this money.

Indicate in the text of the receipt the passport data of the borrower, the address of its registration, as well as the name name and patronymic without abbreviations.

Indicate in the receipt passport data of the parties

The most fatal mistake that the borrower can make is to forget to pick up the receipt after he has already returned the money. In this case, a dishonest lender may demand to return the money to him again through the court.

When you repay the debt, be sure to ask you to be returned to your receipt you wrote back.

There may also be such problems in the court that a person will argue that he did not write this receipt or signed it in an insane state.

In order to avoid problems, the borrower must write the entire text of the receipt by hand. In order for a handwriting examination to confirm that he was written precisely by this citizen. Although the law does not clearly spell this rule.

Corrections are unacceptable in the receipt. And if you made a mistake, you need to rewrite the text again. And do this until you succeed in a sample of a receipt without significant grammatical errors and corrections.

Legislation of other countries

Everything written above concerns the receipt in accordance with Russian law. But be careful if you are or live in another country. For example, in the USA and Europe, the court often takes the side of the borrower if he cannot repay the debt due to his personal life circumstances. Therefore, in monetary receipts, they try to indicate the collateral property that should be transferred to the lender in case of non -payment of the debt.

Similar cases happen in Russia, but the courts make such decisions only if an individual is officially declared bankrupt. That is, if a person took money in banks, and cannot return it.

If a person is declared bankrupt, then it will not work to recover the debt

Do I need to certify the receipt at the notary?

To assure, a notary’s receipt written by hand will not work. The notary can only draw up a loan agreement. It is believed that a loan agreement is a more reliable guarantee that the money will be returned. The probability of errors in such agreements is minimized, moreover, there is a whole set of laws that regulates relations precisely under loan agreements. Some lawyers even advise writing in the text of ordinary receipts the phrase "I ask you to consider this agreement with a loan agreement."

In order to cut money on an ordinary receipt, you need to go to court. If a loan agreement is concluded, the lender can immediately contact the executive service or to the notary, so that it issues the writ of execution. As a result, the borrower may confiscate money from bank accounts or other encumbrances are imposed, without any ships and agendas.

Receipt: questions and answers

Can I write a receipt retroactively? In practice, it turns out that there are no problems in the design of the receipt retroactively. The only thing is that the consent of both parties is needed to draw up a document.
Is it possible to sell a debt receipt? A receipt can only be sold if such an opportunity is indicated in its text.
What to do if the debt repayment period has expired, but you do not want to sue? In this case, we recommend that you write a new receipt with a fresh date and a new debt return instead of the old one instead of the old one.