How to draw up a receipt correctly. Sample Payout Form

Although at present it is not difficult to get a loan from a bank or microcredit organization, most citizens still prefer to borrow money from close people if necessary. It is understandable, commercial structures will require certain actions, the provision of all kinds of documents, and after that they will also force to return together with the principal amount of the debt a fee for the use of money. Borrowing from friends, all these bureaucratic procedures can be omitted, and close percent of people will not pay interest. At the same time, before lending money, every potential lender should know how to make a receipt correctly. Not every such issued document can be submitted to the courts for collection of debts.

Receipt

Monetary loans are unprofessional for almost all people, some lend to relatives, the latter to their colleagues. When the amount of such a loan is small, the parties agree on the time of its return, it usually takes place orally. But if the amount is large, then in order to insure its risks, the creditor requires the debtor to provide a document certifying the transfer of money and the obligation to return them. Therefore, the question of many citizens is so urgent: "How to legally correctly draw up a receipt?"

Contract or receipt?

The self-executed receipt and loan agreement do not actually differ in any way. The latter usually consists of ordinary citizens, when the amount of borrowed funds is very large. Then they apply for drawing up this document to the notary. Unlike the loan agreement, a receipt is usually drawn up in cases where an oral arrangement is dangerous for the lender's annoying results, a failure to return money, and resorting to a notary is inappropriate because of a not very large amount. Not every notary will tell you how to make a cash receipt for free, because it will be more profitable for him to certify the contract and get money for it.

Legislative basis

The legislation of the Russian Federation provided for the possibility of confirming the fact of granting a loan by a lender to a borrower. In particular, Article 808 of the Civil Code of the Russian Federation stipulates that a loan agreement concluded between citizens must necessarily be made in writing. However, such a requirement is made only for such transactions, the amount of which is more than ten times fixed at the time of the loan of the minimum wage (SMIC).

In addition, civil law establishes that in the event that the creditor and the debtor do not draw up such a written document, the agreement will not be recognized as invalid, but at the same time, the lender will not be able to rely on the testimony of witnesses in court. He will need to look for some other written evidence.

To avoid such difficulties, the document is still easier to write, but how to draw up a debt receipt can be prompted by an experienced lawyer.

The main mistakes in the preparation of the document

Knowing the specifics of how to draw up a debt receipt will greatly facilitate the litigation in the event of a non-return of money, because the issued will incorrectly create unnecessary difficulties and obstacles in the judicial process.

One of the most commonly occurring citizens' blunders when drafting a debt document are the following.

Individualization of the borrower

One of the mistakes when the document does not fully individualize the borrower. For example, if the receipt says "I, Sergei Sergeyev, accepted the money in the amount of 80 000 rubles. From Andreev Andrew ... ", then in court there may be a question whether it really is Sergeyev Sergey, and not some other one. Perhaps Sergey Sergeyev wrote a receipt, and the creditor requires money from Sergei Sergeevich Sergeyev? In this case, only a forensic handwriting examination can help, which will determine the author of the document. However, any examination takes time, and considerable, so it is easier to have an idea of how to correctly draw a receipt, having issued it according to all the rules, than later to waste time and money due to mistakes. It should be noted that mistakes of this kind are mainly found among people who are in close relationships (good friends or acquaintances) or between relatives. Because of this proximity, the lender usually considers the written document as a mere formality.

Specifying data about the lender

Difficulties will arise if there is no complete data of the lender in the written document. So, if the receipt is written in this form: "I, Sergeev Sergey Sergeevich, have borrowed money in the amount of 80 000 rubles. I undertake to return them before March 3, 2016 ". This option does not indicate the creditor who gave the money, which gives the unscrupulous borrower the opportunity to declare at the trial that the receipt was given to an absolutely different person. He can bring one of his relatives to court with him, who will confirm that he was lending to Ivanov, and later lost the receipt. Specifying all the details of the participants in the transaction will help to avoid trouble, and if the creditor does not know how to make a debt receipt, a sample of it can be found quite easily.

Absence of fact of transfer

There are cases in which the creditor is completely satisfied with a receipt that looks something like this: "I, Sergeev Sergey Sergeevich, agreed with Andreev Andrey Andreyevich that the latter will take me money in the amount of 80,000 rubles." Not knowing how to make a receipt, the creditor will not even be able to think that during the trial the debtor will declare that he did not receive any money, and the receipt is registered only for the intention to conclude a deal. Indeed, indeed, the receipt does not specify the fact that the borrower accepted the money.

Here it will be necessary to count either on additional evidence or on the court's indulgence. But not the fact that the court will take the side of the lender. Even if the latter will explain the situation created by the fact that he allegedly did not know how to draw up a receipt, he could not find an example of such a document, the court can find such applications unsubstantiated.

Absence of a special purpose

May result in negative consequences for the creditor and a document issued as follows: "I Sergeyev Sergey Sergeyevich received a sum of $ 80,000 from Andreev Andrey Andreyevich." As can be seen from the text, it does not indicate what kind of money it is, on what grounds Sergeev received them. During the trial, he can declare that this amount was intended for him as payment for the thing sold before it, or, in general, it was donated. And the lender will not have the opportunity to prove by such a document that the loan was made, and not the calculation for anything. When the question arises: "How to draw up a receipt?" - special attention should be given to specifying the purpose of the transfer of money, that is, that the loan was made.

Other Common Errors

Other mistakes of creditors who do not know how to make a cash receipt include such things as drawing up a receipt on the computer with the subsequent signing of the debtor's signature. If the latter refuses his own signature, the handwriting examination will not in all cases be able to determine its owner.

Those who are interested in how to correctly draw a receipt must, in addition, understand that a receipt is a document. In any document, corrections and erasures are not allowed. So, if there are such blots in the receipt, the sum is crossed out and another is indicated, other edits are made, then they should be agreed by the parties. Next to each correction, you need to put your signatures, and it will be even better to rewrite the document.

Still some nuances of how correctly to make a debt receipt. In the document it is necessary to specify the moment of repayment of the loan, if necessary, the purpose of using borrowed funds (if it is important to the lender), payment or free of charge of the loan, that is, whether the debtor will pay interest for using the money.

Additional conditions

In addition, it is also possible to provide for payment of a penalty in the receipt, in case of late refund of money, which can more than cover the losses of the creditor if the borrower turns out to be dishonest.

It is also desirable for the creditor to include a clause on the jurisdiction of disputes. Thus, civil law established that claims for recovery of money are considered by the court at the place of residence of the defendant. And if the defendant went to another city, how correctly to make a receipt? A sample of such an item can be taken from any treaty. Its essence lies in the fact that the parties must establish jurisdiction at the choice of the plaintiff (creditor) or in a particular court of a certain city.

Indication of these conditions is desirable for the creditor, but in their absence will not affect the validity of the document.

Correct preparation of the document

So, summing up the results and considering all the often occurring mistakes of creditors, you still need to determine how to make a receipt. A sample of the receipt, presented below, will help many lenders not understanding this issue not to incur losses and not to lose their money.

"December 1, 2015. I, Sergeev Sergey Sergeevich, 01.01.1990 of birth, a native of Moscow, the passport of the 1234 series №123456 issued to the Department of Internal Affairs of the Central District of Moscow 05.05.2008, located at Arkhangelsk, ul. Gogol, 25, Apt. 25, received a loan from Andreev Andrey Andreevich, 01.02.1991 of birth, passport of the series 4321 No. 654321 issued to the Department of Internal Affairs of the Northern District of the city of Arkhangelsk on 17.09.2009, located at the address: Arkhangelsk, ul. Gogol, 25, Apt. 26, money in the amount of 80 000 (eighty thousand) rubles. I received the money when I wrote this receipt. I undertake to return this amount until June 1, 2016. Signature, full name ".

The presented sample is only a clear statement of how to properly draw a receipt, that it must be noted in an unbroken order. If the amount is very large or the creditor simply wants to include some additional conditions, the receipt can be supplemented with them, or it is possible to draw up a good loan agreement. In any case, legal advice is not a problem.