Receipt for refund: correct format and samples. How to write a debt receipt - download a sample Receipt stating that the debt has been repaid

The document reflects the consequences of non-payment:

• consideration of the case in court;
• charging interest for overdue days;
• transfer of rights of claim to another person.

A receipt for the return of funds, a sample of which you can download in our material, reflects in writing the transfer of one person to another. Such a document allows you to be sure that the loaned funds will return to their owner, including in court, since they are the best evidence. Let's learn how to compose it according to all the rules.

The main nuances of drawing up this receipt

It is very important that this document contains all the required details: who gave the money, to whom, the amount of funds. If interest was charged for using the money, then it should also be indicated in the receipt. It’s good if the borrower of the money himself draws it up, supporting it with his signature - if necessary, the court can order a handwriting examination. But if the document is drawn up on a computer and printed, it will be more problematic to prove that it is the one who is indicated in it as the debtor.

At the same time, many draw up a receipt either in front of witnesses or have it notarized, however, in the event of controversial situations, such a document will have legal force even without this.

As we have already said, any debt obligations should be drawn up in writing. True, if the amount of debt is less than 10 minimum wages, then the law provides for an oral conclusion of the transaction. The logic of legislators in this case is as follows: the amount of debt is small and if it is not repaid, the lender will not suffer serious financial losses, and the solution to such problems lies in the integrity of the parties.

And yet, this does not mean that if you lend someone an amount of less than 10 minimum wages, it does not have to be recorded in writing, because this is additional protection for your “wallet” and rights. If we are talking about a large sum, then, of course, it is much safer to contact a notary.

But the main thing is to know exactly how to write a promissory note, because in this case, if the debtor refuses to return the amount taken, you will not have problems with returning it through the court.

What should the document look like?

The form of the promissory note is not established by law, but this document must contain the following information:

• Full name of the borrower of the funds and the person who lent them. Remember - such documents cannot be anonymous.
• If there are witnesses, we also indicate their full names.
• Passport details of the lender and borrower. If he is married, do not forget to provide information about your spouse. You also need to make a note that the other party has no objections.
• The amount of debt is written down in numbers and letters.
• The terms for repayment of the debt are indicated.
• The signatures of the parties and witnesses, if any, are affixed.

Additionally, it is advisable to indicate where the receipt was drawn up, by whom, and to enter information about the receipt of funds from the borrower. The main rule is that the promissory note must not be counterfeit or raise doubts about the authenticity of the document. That is why it contains:

• There should be no empty spaces left to enter “extra” information.
• There is no need to make blots and mistakes - it is better to rewrite the document.

It is very important to write down the limitation period for the receipt, because without this it will be impossible to determine the period limitation period, which means the document will be invalid from a legal point of view. By the way, if interest will be accrued on the debt, it is necessary to indicate their amount - otherwise, the court will give an example of a decision on the accrual of interest according to the data of the Central Bank of the Russian Federation.

Examples of receipts for different occasions

Let's look at some examples of writing receipts on several topics. This will allow you to more accurately understand how to compose them correctly.

Receipt without notarization

Since we are composing a document without notarization, then it is best to certify it with the signatures of at least one witness, write down their full name, passport details and registration address.

An example of a receipt would be as follows:

Receipt

I, Petr Nikolaevich Ivanov, born in 1975, live at Moscow ( identification number 00000000, passport SI No. 000000, issued by the Kanavinsky Regional Department of the Ministry of Internal Affairs on October 15, 1986), I give a receipt to US citizen Nicholas Sparks, born in 1987, that I, Peter Ivanov, received a loan from Nicholas Sparks in the amount of 1000 (thousand) US dollars . The loan is interest-free. I undertake to return the borrowed funds no later than March 30, 2017.

Present: Petr Ivanovich Lozovik, living at Moscow, st. Bubble, 14..

Receipt indicating interest on debt

An example document would be as follows:

Receipt

I, Evgeniev Ivan Aleksandrovich, born in 1980, who lives in Ivanovo (Bulyzhnaya St., 14.), give a receipt to Ivanchuk Vlad Ivanovich, born in 1975, a native of Moscow, that I received a loan from Vlad Ivanchuk in the amount of 500 (five hundred) US dollars at 12% per annum.

I undertake to return the funds no later than June 20, 2017, paying interest every two months. Written by hand on September 1, 2016, signature – Evgeniev I.A.

Present: Nevnyatov Petr Gennadievich, living in Ivanovo, st. Bubble, 12.

The most common mistakes when issuing a receipt

As we have already said, the presence of errors can lead to the document being recognized as legally incorrect, which means that the risks of non-refund of funds increase. Let's look at what errors are most often found in receipts:

• Incomplete data of the person who took out the debt. Usually such mistakes are made by those who lend money to their relatives or friends. For example, they forget to indicate the data from the passport, writing only the full name. In this case, it will be very difficult to prove anything.
• The receipt was printed on a computer. If a dispute arises, it will be very difficult to prove who drew up the document.
• A signature without deciphering the full name, especially if there is a “squiggle” instead of a normal signature.
• Indicate the amount of debt only in numbers.
• No entry: “I received the money according to the receipt.” If it is not there, the borrower may say that he did not receive the funds, although he wrote a receipt.
• There is no indication of the time frame for repayment of the debt, which will seriously complicate the return of funds.

How to return funds - pre-trial decision and court

If the funds have not been returned within the prescribed period, then this problem can be solved in several ways.

Pre-trial regulation of the issue

In most cases, they first try to resolve the issue of returning funds out of court when the deadlines specified in the promissory note are overdue. However, it is important to mention that all legal expenses when filing a claim will be assigned to the defendant, that is, the debtor.

Often this argument allows you to return funds faster. In addition, other arguments can be made: waste of time, nerves, loss of trust, if we are talking about a debt taken out by your friend.

Instructions for resolving the issue in court

If the debt issue cannot be resolved peacefully, you need to go to court.

1. Before contacting the judicial authorities, it is advisable to send the debtor a registered letter, indicating the amount of the debt, the terms of payment with a request to make the payment in the next two weeks, otherwise you will go to court. This action is mandatory because it will serve additional evidence and an argument in your favor.
2. Make a receipt for the document in three copies: one should be sent to the debtor, the second should go to court, and the third should be a reserve copy. Also photocopy your passport in advance.
3. Submit an application to the court to which you belong at your place of registration. Be sure to make a receipt according to all the rules that we talked about earlier.
4. Pay the state fee before submitting documents to the court.
5. Next, the entire package of documents is formed: a copy of the receipt for the debt, a copy of the letter sent to the debtor, a copy of the passport and a receipt for payment of the fee should be attached to the application. Once the case has been submitted to the court, wait until the case begins - this usually takes about a month.
6. You must be summoned to court. At the same time, it is better not to skip the process, because perhaps the judge may need some clarifications to clarify the case. True, if the debtor does not appear, the case will be considered without him.
7. After the trial and a decision in favor of the plaintiff, he will be given writ of execution and a copy of the court decision.

All procedures can be carried out independently, but if you are not sure of a positive outcome of the case in your favor, it is better to contact a lawyer to draw up an application and conduct cases in court.

vesbiz.ru

A receipt is a document certifying the receipt of money, property, cargo or documents, as well as the fulfillment of obligations. It can also certify the return of these valuables by the borrower.

The IOU is in a fast way borrow money. Most often, the lender is a relative or acquaintance who entrusts money to the borrower with the condition of return.

In order for a receipt to be used in court (if the borrower is unscrupulous), you need to know the basic rules for writing it. Insufficient data can be a real reason for non-refund of money even through court. The following are required to be specified:

As a rule, a receipt for receiving funds from the creditor written by hand, but a printed version is also acceptable. However, if disputes arise, a handwritten document is more provable. The receipt is not certified by a notary in most cases, but if the parties mutually agree, it can be notarized. When lending money to a person you do not completely trust, you can invite several witnesses to confirm the fact of the transaction. They must indicate their data under the signature of the author of the receipt: full name, residential address and signature (in full and abbreviated).

Make sure that the opposing party has signed the document, and also check the passport details in person or take a copy of the passport from the person to whom you are lending money.

Receipt for refund

To repay money borrowed against a receipt, a simple physical act of transfer is also not enough. If you owed money and decided to pay it back, then it is necessary to draw up a corresponding document, which confirms that the borrower has repaid the funds to the lender. The rules for writing such a receipt generally echo the rules for a debt note, however, there are several important nuances:

• Be sure to indicate in the document if the money is transferred in connection with payment for services rendered or execution of a contract, for example, “in payment for services...” or “in payment for the purchase and sale agreement, date, number.” If you do not provide this information, the borrower’s side may claim that they received this amount in payment of the debt, and not under the agreement;
• at the request of the borrower, you can ask the creditor who received the debt money to write a receipt, where he will indicate the fact of receipt and the absence of claims against the borrower.

Samples of receipt for refund

Taking into account all of the above requirements for a receipt, which guarantee the ability to use it as evidence of return in disputes, we will provide a sample of it.

Sample receipt for refund.

"Receipt

I, Ivanova Lyubov Petrovna, born __.__._______, passport series ____ number_______, issued by the __.__._______ department of the Department of Internal Affairs of Russia in the city. Moscow, subdivision code ___-___, registered and live at st. Ivanova 333 apt. 33, I give to Petrov Semyon Semenovich, __.__._______ year of birth, passport series ____ number_______, issued by __.__._______ department of the Department of Internal Affairs of Russia in the city. Moscow, subdivision code ___-___, registered and residing at st. Kosmicheskaya 111 kv. 22, as repayment of debt in the amount of 11,000 (eleven thousand) rubles.

The person who received the funds at the request of the borrower can write a counter document certifying their receipt.

Sample receipt for a refund:

“I, Semyon Semenovich Petrov, born __.__._______, passport series ____ number_______, issued by the __.__._______ department of the Department of Internal Affairs of Russia in the city. Moscow, department code ___-___, registered and live at st. Kosmicheskaya 111 kv. 22, when signing this Receipt I received from Ivanova Lyubov Petrovna, __.__._______ year of birth, passport series ____ number_______, issued by __.__._______ department of the Department of Internal Affairs of Russia of the city. Moscow, subdivision code ___-___, registered and residing at st. Ivanova 333 kv. 33, previously transferred to her funds in the amount of 11,000 (eleven thousand) rubles, which were issued against a receipt dated __.__._______.

Debt returned to in full and within the agreed time frame. Claims against Ivanova L.P. I don't have.

Date and signature of the recipient of the money - full name. complete and abbreviated."

In such a matter as monetary relations and disputes, you need to know all the pitfalls, which may not be noticed when drafting, but they can become a problem later.

Most common mistakes

Incorrectly composed the receipt may be a problem in the future for whose interests it protects. Some mistakes make debt collection much more difficult, and sometimes even impossible.

Let's describe some of the most common mistakes.

1. Incomplete borrower data. A common mistake in receipts written by friends or relatives. Only full name is indicated. borrower, for example “Sergeev Sergey Sergeevich”, which subsequently, without indicating passport data, may cause unrepaid debt. It will not be easy to prove in court that it is this Sergey Sergeevich Sergeev, and not some other namesake, who owes you money.
2. The receipt for receipt of funds is not handwritten, but printed. If a dispute arises it will be very difficult to prove based on the signature alone, this document was drawn up by the one who borrowed the money. Likewise, if the signature is written only as a small “squiggle”, but the full full name is not added in words. The underlining examination may not even consider this document due to the paucity of data.
3. The amount of debt is indicated only in numbers. The amount of the debt must be written carefully in numbers and in words, because this amount is the basis of the receipt. In practice, few people do this properly, and this can cause controversy.
4. A simple formality! Necessarily you need to write a phrase“I received the money on a receipt,” otherwise an unscrupulous borrower can say that he signed the document and there was an agreement, but the money was never transferred to him.
5. It is incorrectly indicated what the money is being given for or it is not indicated “in debt for...”. And if the money is not borrowed, then you don’t have to pay it back. It is also best not to formulate intended purpose money on a receipt “for business”, so that the reason for non-returned money is not the failure of a commercial project. This may be considered a commercial risk and the amount of risk will be borne by the lender. We need to take this fact into account and formulate the purpose of money differently.
6. The loan repayment period is not specified. This will significantly complicate the repayment of funds, because the loan is essentially unlimited.

It must be taken into account that in court, when considering a dispute, the judge will not only consider the evidence, but also use sound reasoning. This is exactly how you should treat it when drawing up such important document how a receipt, samples presented in the article, and tips will help you avoid problems.

urhelp.guru

In the vast majority of cases, relatives or friends approach a potential lender with a request to borrow money. Given the fact of close acquaintance, many lenders frivolously take their acquaintances at their word. By doing this, they put themselves in an obviously losing position from a legal point of view.

Because in the future they will not be able to provide evidence that they even borrowed money. Therefore, the document according to which money is lent or the loan is repaid must be drawn up in writing.

In practice, it has already been proven that a signature is much easier to forge than a receipt as a whole. Based on this, it is necessary to insist that the entire text of the receipt be written by the debtor independently. Moreover, the longer the text, the more difficult it is to fake the handwriting. Thus, the creditor insures himself in case the document is challenged in court.

A receipt, the text of which is made using technical means, is only suitable in one case. If it was drawn up in the presence of a notary, and he witnessed the borrower’s signature.

Compilation rules

A specific sample receipt has not been approved at the legislative level, so it is drawn up in free form. But practicing lawyers advise setting out the conditions under which the loan is provided as precisely as possible. The receipt must be formulated in such a way that it is clear that we are talking about a loan, and not about a gift or payment for goods. Therefore, it will not be enough to record the fact of receiving money.

It is also necessary to indicate that the funds were transferred as a loan. As for the size of the amount, it is best to write it in words and be sure to indicate the type of currency - rubles, US dollars or euros.

It is also necessary to provide information about the debtor and creditor, which can be used to easily identify them. Such data includes the following information:

• last name, first name and patronymic;
• year of birth;
• place of registration, as well as the address where the person actually resides;
• series and number of the passport, as well as the date and name of the authority that issued the document;

It is very important to clearly formulate the conditions under which the debt must be repaid. If the money was transferred at interest, then the receipt must indicate the amount of the rate, as well as the order of their payment, for example, monthly, once a quarter or at the time of repayment of the principal debt.

In addition, you need to clearly indicate the deadline in the format of day, month and year, no later than which the debt must be repaid.

It is also advisable to indicate the form of liability in the form of a fine or penalty that the borrower must bear in the event of non-fulfillment or improper fulfillment of its obligations.

Mandatory requirements

The promissory note must necessarily contain information about the date and place of its preparation. Moreover, the date data should not be limited to just the year. It is also necessary to indicate in words the day and month of drawing up the document. Also, the receipt must indicate the details of the parties as clearly as possible. It's about about the first name, patronymic and last name of both the creditor and the debtor.

It would not be superfluous to indicate the passport details of the parties. Specifying this information will not allow to an unscrupulous borrower assert that the funds were not received by him or that he took the debt, but from a completely different lender.

A mandatory requirement is to indicate in the text of the receipt the amount of money that is transferred to the debtor. Moreover, it is recommended to write it not only in numbers, but also in words. Such security measures will prevent the borrower from falsifying the amount he received from the lender.

Otherwise, he can always claim that the amount of debt is indicated incorrectly, he mistakenly added an extra zero, but in fact received a much smaller amount.

Therefore, its text must necessarily contain the date of repayment of the debt. In addition, it is necessary to indicate in words the amount that the debtor undertakes to repay.

Additional requirements (at the request of the parties)

The receipt may contain information regarding the place and time of repayment of the debt. By general rule, if the document does not indicate the place of its execution, then this is considered to be the address where the creditor lives or is located. But the parties to the loan agreement can change it at will and indicate any other place at their discretion. In addition, they may even indicate not the lender, but another person to whom the borrower must give the money.

As for the time of repayment of the debt, this information is indicated in the receipt at the request of the parties. If a specific number is indicated, then the borrower must repay the debt no later than the beginning of the next day. Accordingly, if the document contains only a month, the money must be returned no later than last day. It is also quite acceptable to indicate not only the date, but also the specific time when the debtor must fulfill his obligations.

In the event that the receipt does not contain information about the date of repayment of the loan, the lender who wants to get his money back must contact the borrower in writing with the corresponding requirement. The latter must pay off debts no later than thirty days from the date of receipt.

Additional information

It is advisable that the borrower draw up a receipt in the presence of the lender. Moreover, it is recommended to check his signature with the signature in another document, for example, a passport. In addition, it is necessary to ensure that the addresses, surname, first name, patronymic and other details of the parties are spelled correctly. It is best to ask the borrower for a copy of his passport, which is attached to the promissory note.

Both the lender and the borrower must be clear about what is meant by the “loan episode”. We are talking about the moment at which the borrower receives money in debt. It may not coincide with the time the receipt was drawn up. So, sometimes the parties sometimes reflect only the terms of the loan in it, and the money is transferred a little later. In this case, the moment of loan transfer must be recorded in an additional document.

It is best to transfer money to the borrower in the presence of witnesses who, in a controversial situation, can confirm this fact in court. If money was transferred in the presence of third parties, then this must be reflected in the receipt.

Sample

Quite often, a receipt for the return of funds is not drawn up. This is practiced in a situation where the borrower repays the money in a lump sum. In this case, the creditor returns the original receipt to him and his obligations as a debtor are considered fulfilled.

But from a legal point of view, it is more correct to document the refund. The sample receipt must contain the following:

• date and place of its preparation;
• the name of the document, in this case – a receipt for the repayment of the debt;
• full details of the creditor and debtor;
• the amount of money transferred (in numbers and in words);
• signature of the debtor and creditor;

In addition, the receipt must indicate that the funds are being transferred to repay the debt. It is also advisable to indicate in the text of the document that the creditor has no material claims against the debtor.

Claim for refund of funds against receipt

If the debtor refuses to repay the debt within the period established by the receipt or at the request of the creditor, then the only option is to go to court with a corresponding claim.

As a general rule, the creditor, who is also the plaintiff, submits documents to the court in whose territory the debtor resides.

The claim consists of several parts:

• hats;
• descriptions of the situation from a legal point of view;
• the final part in which the creditor sets out his requirements.

The header must indicate the name of the court to which the creditor is applying, the surname, first name and patronymic of the defendant and plaintiff, as well as their place of residence. In the text of the document itself, the plaintiff indicates when, under what circumstances and for what period the funds were lent. In this case, you must refer to the prepared receipt to confirm your words.

In the final part, the plaintiff must formulate his demands as clearly as possible. Moreover, you need to ask not only to collect the amount of debt from the defendant in your favor. In addition, one should not forget about the state duty, as well as the funds spent on a lawyer, in particular, on drawing up statement of claim and a fee for his participation in the case.

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This is official confirmation of payment of the debt to the creditor. It is necessary to protect yourself from the unfriendly intentions of the lender (for example, you did not draw up a receipt, but simply returned the borrowed money - after a while a summons arrives: the creditor demands the return of the money - you will have to pay again, since it will not be possible to prove payment without a receipt).

For an apartment

It is necessary to indicate the actual address of the apartment and indicate the amount that was paid for it. If a purchase and sale agreement (or similar) was previously drawn up, the agreement number must also be recorded.

According to the rental agreement

If there was a rental, it must be recorded that the money was transferred specifically for renting the premises; It also makes sense to specify the length of stay.

Regardless of what (product, service, debt) the money is returned for, it is especially necessary to monitor two points:

1. The receipt for the return must be signed by the person who signed the receipt for the loan of funds.
2. The lender's signature must match the autograph in the passport and the previous receipt.

For unfulfilled service

We must indicate what service should have been provided and why it did not happen. You can get a refund for an unfulfilled service in the event of violations of consumer rights by the seller (poor quality repairs, delays, etc.). When you pay for something, you receive a check/receipt. This paper must also be referenced in the receipt.

Per product

When returning money for a product, the reason is recorded: defective product, expired (if there is an expiration date), discrepancy between what is being described and the original, etc. Here we write down the number of the purchase and sale agreement (or code of the check/receipt) under which you purchased the goods.

The return receipt is always drawn up manually, i.e. written in cursive (including numbers) using blue ballpoint paste. Regardless of what the money is being returned for, the paper can be certified. In case of special distrust of the creditor, it is better to provide the receipt with the signatures of witnesses.

For damage to property

When returning funds for damaged property, the receipt indicates:

• name of the broken object (make, model, etc.);
• the original cost of the product (usually a purchase receipt is provided as confirmation);
• time and place of the incident;
• sometimes - the reasons for what happened.

The amount is determined by the person whose property was damaged. If the incident was aggravated by unpleasant circumstances (drunken brawl, insults, etc.), the victim has the right to “throw on” the amount or go to court.

According to the loan agreement

Here you need to refer to the loan agreement number (or simply indicate that there was a receipt dated a specific date), fully indicate the amount to be returned and indicate that there are no claims.

If the loan involved accrual of interest, it must be stated that it has been paid. In the opposite situation, the creditor may well cheat and demand interest from the “debtor” in court.

In debt

We proceed as in the previous section:

• we refer to the previous receipt;
• indicate the amounts and, if any, percentages;
• We note that there are no complaints.

The first receipt, according to which the loan of money was issued, must be collected from the creditor. After this, the borrower’s obligations are considered fully fulfilled.

Sample - form of receipt for refund of funds

One form is provided for all cases. This is not a strict form, but a fixation of a pattern established during practice. You need to change the header of the document; if there are no percentages, this part of the text should be ignored. If there is additional information that needs to be included in the receipt, this is done before indicating the absence of claims.

Quite often it is practiced to obtain funds in debt not in a specialized credit organization, but from friends, acquaintances or relatives. But even such loans must be formalized correctly.

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Moreover, documents must confirm not only the fact of receiving the loan, but also the debtor’s fulfillment of his obligations.

One type of document that can confirm the return of money is a debt repayment receipt.

General points

Russian legislation does not place restrictions on the receipt and repayment of loans between individuals and/or legal entities.

And it does not require mandatory conduct of such transactions through specialized credit or settlement organizations.

But there are documentary requirements. Otherwise, the lender is effectively deprived of the opportunity to make claims.

If at least one person takes part in the transaction legal entity, then a contract must be drawn up.

But private individuals can get by with a simplified document - a receipt for borrowing money.

In the latter case, the lender will be able to put forward a demand for repayment of the debt on a receipt () to the borrower if the loan term has not been specified, and it must be repaid within 30 days.

In a situation where an individual borrower refuses to repay the loan or simply will not repay it, the lender, if he has properly executed documents, will be able to file a claim in court for the repayment of the debt against a receipt ().

And in the future, collect it forcibly, and, if necessary, using the bailiff service.

Regardless of who the parties to the transaction are, there must be documentary evidence of the fact that the borrower received the money as a loan and returned it to the creditor (lender). Only in this case will all obligations between the parties be fulfilled.

The borrower's side also needs to receive documentary evidence of each fact of repayment of funds to the lender. One of the types suitable documents, is a receipt for the repayment of the debt.

In practice, this version of the document is used only if the lender was an individual.

When repaying a loan in cash, the organization will be required to issue a receipt cash order so as not to violate legal requirements for maintaining accounting and compliance with cash discipline.

If a representative of a legal entity-lender tries to get by with just a handwritten receipt, even certified by a seal, this should definitely raise an alarming signal.

In the latter case, it is better to return the funds by transfer to the organization’s bank account.

Often, when receiving an interest-free loan, they forget to indicate in the receipt that there is no interest under the agreement.

In this case, they will be calculated based on the key rate of the Central Bank of the Russian Federation. The borrower must take this fact into account when repaying funds.

In the receipt for repayment of the debt, the lender will have to indicate information about them.

Legal force

The receipt for repayment of the debt must be in simple written form. It is best if it is written by hand.

Courts are reluctant to accept for consideration documents prepared entirely on a PC and containing only one signature of the lender as confirmation of the return of funds.

Although legislation such requirements for this document does not contain. Required condition In order for the debt repayment receipt to have legal force, the actual transfer of funds and the voluntariness of its writing.

If it is proven that the lender wrote the document under pressure from the borrower or third parties, it will have no legal force.

The receipt must clearly identify the parties to the transaction. This means that the document should indicate the passport details of both the lender and the borrower.

What to pay special attention to

Article 408 Civil Code The Russian Federation indicates that when a debt or part of it is repaid, a receipt is issued.

However, it can be replaced with an inscription on the debt document (receipt for receipt of money in debt) upon full repayment of the loan.

Even a simple return of the receipt for the loan will confirm the fact that the borrower has fully fulfilled his obligations while the original receipt is in his possession.

Advice. If, when repaying the debt, the lender simply returned the original receipt of the borrower, then it is advisable to immediately destroy it.

This will prevent accidental loss or theft of a document and further unpleasant consequences.

Russian legislation does not require that a receipt for receipt or repayment of a debt be certified by a notary.

But if the parties wish, this is quite possible. Often a similar procedure is resorted to if a transaction occurs between people who are not well acquainted.

This approach eliminates the question of who exactly signed the document.

How to correctly write a receipt for debt repayment

Russian legislation does not contain any special requirements for drawing up a receipt, in fact leaving its execution to the discretion of the parties to the transaction.

In practice similar documents It is customary to write with one’s own hand without using any technical means. But the law only allows personal signature lender on a handwritten receipt.

The following conditions must be met to properly prepare a debt repayment receipt:

Comment. If the debt is repaid in full, then there is often no point in drawing up a receipt for its repayment.

It is quite possible to get by with the appropriate inscription on the receipt for the loan. The lender does it with his own hand; he also indicates the fact that there are no claims against the borrower.

Drafting sample

The receipt has a simple handwritten form and is designed to simplify the conclusion and servicing of transactions between individuals.

But sometimes problems arise for this reason. Not every person can quickly and correctly prepare required document taking into account all the nuances of the legislation.

In this situation, you can already use ready-made sample receipts for the repayment of the debt, it can be done quite easily.

Comment. Usually you can immediately use a ready-made sample as a template, but sometimes it still needs to be modified.

If any additional conditions were agreed upon when concluding the transaction, for example, interest on a loan, this will have to be done without fail.

What are the requirements for document structure?

Russian legislation left the lender and the borrower the opportunity to virtually completely agree on both the structure and content of the debt repayment receipt.

However, when preparing it, you must adhere to general norms and rules for the preparation of various financial and other similar documents.

Video: how to draw up a document correctly

Cash with interest

Loans can be divided into interest-free and interest-bearing. Moreover, by default, any cash loan is considered interest-bearing in an amount of more than 50 minimum wages, even if it was issued and received by an individual.

It is best to initially agree on all terms regarding interest on the loan between the parties and indicate this information in the initial loan agreement (receipt). This will avoid many unpleasant moments in the future.

If the loan agreement initially provides for interest, then when it is returned, the receipt must separately indicate the amount of interest received by the lender and separately the amount of the principal debt.

Receipt for repayment of debt: why is it necessary + how to draw it up correctly + what are 4 options for what the lender should do if the debtor does not pay 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 of return are discussed orally. This is a fundamentally wrong approach to the matter, even if it concerns close people. And it is especially dangerous if the loan is from a private person. Documenting the transaction and its completion is not just a formality, but also a guarantee of the seriousness of the intentions of the parties.

Similar to the document that is drawn up when transferring money to certain conditions, there is a receipt for the repayment of the debt. It is she who records the fact of completion of the credit relationship between the lender and the debtor. What it is and how to compose it - about all this in our material.

Debt repayment receipt: why is it needed?

1. What is it?

In order to protect yourself from fraud and secure a transaction to transfer money into debt, a loan agreement is drawn up, which is supported by a promissory note.

It is necessary for two sides:

• in case of neglect and refusal to repay the debt, the creditor has the right to collect 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 to the supposed creditor.

Even with a good and trusting relationship between the lender and the debtor documentation transactions are mandatory for an amount exceeding 10 minimum wages (Article 808 of the Civil Code of the Russian Federation).

Completion of the transaction means repayment of the debt. This point also needs to be recorded in order to end financial obligations.

There are several ways to do this:

• give the promissory note to the debtor or break it;
• make an appropriate inscription on the receipt for the transfer of money;
• about repayment of the debt and sign it.

The first method is the most controversial and dubious. A torn or handed over document may be a good color copy that a happy former debtor may be mistaken for genuine paper. The fraudulent lender can then claim their funds. And he will have the main proof in his hands - a real promissory note.

The second method is legal and has legal force (Article 408 of the Civil Code of the Russian Federation). Since the promissory note 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 his debt obligations.

The same article regulates the writing of a separate receipt. This is the surest way to prove repayment 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 the appropriate mark, then the debtor has the right to keep the money with him and demand that the completion of the transaction be recorded.

An intelligent and decent person who has no dubious intentions will probably agree to such conditions. In addition, if the transfer of money was initially recorded in writing, the return must also be documented.

But scammers work according to this scheme: an uninformed borrower gives money, and a little later the “creditor” demands repayment of the debt. The proof in his hands will be an overdue promissory note without any marks. Unfortunately, the debtor will not be able to present anything to defend his case, and the law will not be on his side.

This is why you need a debt repayment receipt. It allows you to exclude manipulation on the part of a dishonest creditor.

The document itself has legal force even without notarization. Handwritten form and signature of the parties is already the basis for trial. But it will still be easier to prove that you are right if the transfer of money and the drawing up of a receipt was carried out in the presence of a notary or witnesses. This is especially true for the return of funds, which in fact is not given as much attention as receiving them.

2. Rules for drawing up a receipt for debt repayment.

If the creditor is interested in drawing up a promissory note, then the debtor is interested in a document confirming its return. Their writing has a free form, but there are still certain rules and features of their design. Let's look at them.

No.	Rule	Explanation
1.	The law does not prohibit the printing of a receipt, but a handwritten version is much better for presenting it in court.	Conducting a graphological examination of just one signature is much more difficult than if it concerns the whole handwritten text. Again, this point can greatly simplify the trial.
2.	Notarization and the presence of witnesses are not at all necessary, since the receipt has legal force in any case.	The presence of eyewitnesses carries more weight in court. This is especially true in cases where money is borrowed from unknown individuals.
3.	The receipt records the exact details of the parties.	Indicating only one last name 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 repaying the money on time.

Also, do not neglect such nuances. It would seem like such a formality, but it is important that the receipt indicates the following points:

• “Money received”, “Money lent is returned in full” - if such phrases are used in the present or future tense, then the debtor, even when paying off the debt, still remains a debtor.
• It is also necessary to make a reference to the loan agreement or promissory note 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 repayment of the debt must be kept until the statute of limitations expires.

So, the following points should be recorded in the document:

When repaying debts by receipt, both parties can draw up counter documents and certify them with their signatures:

• the lender writes that he received his funds back;
• the borrower indicates that he transferred the money he borrowed.

Sample receipt for debt repayment (prepared by the creditor who received his money back):

Sample receipt for debt repayment (prepared by the borrower who repaid the money):

Repayment of debt by receipt: 4 ways to get your money back

There is an opinion that you should lend only the amount of money that you are willing to lose without compromising your own financial situation. But still, you shouldn’t let everything take its course.

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 legal right demand repayment of debts against a receipt. And you have four options.

1) Peaceful settlement.

Before the end of the promissory note, you can remind the borrower that he must take care of repaying the funds. But after time has passed, you need to use your ability to persuade.

Explain to the debtor that the law is on your side, so if the matter comes to court, then he should prepare for the following problems:

• damaged reputation;
• reimbursement of legal expenses;
• increase in the amount of return 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 in court a full repayment of the debt, as well as a list of unpleasant consequences for him: interest accrual at the refinancing rate, return of funds within 30 days after the creditor’s request (if the debt was not issued under conditions certain period), loan indexation, etc.

The most compelling argument with which you must operate is your appeal to the court. And you will most likely win it. You have all the cards in your hands: a receipt and no confirmation of debt repayment.

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 through the courts, then you can assign the debt. And collection companies can help with this.

By concluding such an agreement, you immediately receive part of the debt. The “discount” goes to the collector. This is a service fee. Thus, the lender does not need to contact the borrower, write complaints 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 two options described above do not suit you, but still want your money, then perhaps a solution can be found in issuing a court order.

To do this, you need to proceed according to this scheme:

Issuance of a promissory note.

How to make a receipt correctly?
Lawyer's advice.

4) Debt collection through court.

And the last extreme measure is this. 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 you have the money in your hands, time will pass(about 3-5 months), so you need to be patient.

The application can be submitted before the expiration of the statute of limitations, otherwise the decision will be made in favor of the unscrupulous borrower.

Step-by-step instructions for going to court:

1. Preparation of documents and writing an application. A sample form can be found in court.

   It is necessary to specify the following points:

   • amount of debts and interest;
   • the amount of reimbursement of expenses on the part of the defendant - legal services, payment of state fees;
   • list of attached supporting documents;
   • what you did to repay the debt: sending claims, personal contact, meeting in front of witnesses.
2. Payment of the state fee before submitting the application.

The case against a dishonest debtor will be conducted in accordance with the Civil procedural code. By the way, it may drag on if the defendant does not appear in court or rely. 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 graphological examination. And this will take some time.

But after the plaintiff gets his hands on judgment in his favor, as well as the writ of execution, he transfers it bailiffs. They, in turn, send the defendant a resolution demanding that the debt be repaid within five days and the losses covered.

Otherwise, the following measures may be taken against him:

• seizure of sources of income;
• seizure of property and property rights from which a loan can be recovered.

Unfortunately, you can forget about repaying the debt if the borrower literally has nothing.

Returning funds is the same responsible event as taking out a loan. Now it’s the debtor’s turn to protect himself from fraud and dishonesty of a private person. A debt repayment receipt is proof of the end of the credit relationship. The lender is obliged to write it out, and the borrower must ensure that it is drawn up correctly.

To ensure the security of the transaction, you should invite witnesses who will be present during the transfer of money, and in which case they will be able to confirm the lender’s refusal to draw up a receipt.

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