How receipts are written. Correct spelling of receipt

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If you urgently need funds, but you cannot contact the bank for some reason, thoughts immediately arise about asking your friends or something else.

However, when deciding to take such a step, it is worth protecting yourself from various unforeseen circumstances. This is especially true for those situations when we are talking about an amount exceeding 1,000 rubles.

The same is important in those situations when they ask you to borrow money from you, but you cannot refuse the person; a correctly drawn up receipt will protect you from losing funds.

IN in this case, it is best to use a receipt specifically designed for such situations. It’s worth noting right away that it can be done either independently or with a notary.

In both cases, a properly executed paper will be valid. Of course, it’s still better to do this through a notary, but you don’t always have the time or money to go to one, since this service is paid.

So, how to correctly draw up a receipt for receiving money, a sample document that may be useful to you if you decide to do it yourself. This is exactly what this article will discuss.

When might a receipt be useful?

When applying for a loan, a document such as a receipt will be a guarantor of the return of money from the borrower and payment of an amount not exceeding that agreed upon by the debtor.

That is, if one of the parties refuses to comply with the conditions specified in it, the other party has the right to sue. This is especially important in situations where the debtor diligently avoids returning the money.

What data to provide

If you are interested in how to correctly draw up a receipt for receiving money, I provide you with a sample document, but remember that it must be handwritten by the borrower if this is done independently without a notary.

In this case, it is necessary to take into account some important aspects of this issue:

1. It is necessary to provide full passport details of both parties. That is, the series, passport number, when and by whom it was issued, registration address and full name are recorded. without abbreviations, and also indicates the date of birth and actual address of residence;
2. Indicate the amount to be loaned in words with digital decoding;
3. The reason why the money is transferred (debt, purchase, etc.). The text must indicate that the money is transferred at the time of its preparation;
4. The period when the borrower must repay the funds and, if necessary, the amount must be indicated. interest rate, for the entire period, as well as a penalty in case of delay;
5. Address required settlement, where the document was drawn up, date (day, month, year) and signatures of the parties with a transcript.

If the amount of money being lent is large, then it would be useful to contact a notary, and if this is not possible, then confirm the transaction with the presence and signature of witnesses. In this case, it is also advisable to include their passport details in the document, but this is not necessary.

It is important!

Please pay attention to the following items that must be excluded when drawing up the document:

1. The receipt must be handwritten by the person, the debtor, with a blue ballpoint pen in two copies. Handwriting must be legible;
2. You should not use the printed version if you do the design yourself. With a graphological examination, it will be difficult to determine who the signature belongs to;
3. Do not make mistakes, corrections, mistakes or blots;
4. Be sure to check several times that the passport details and addresses of the actual place of residence of both parties, as well as witnesses, if any, are correct;
5. When indicating the reasons why a receipt is provided, there should not be phrases such as: “For business development and other similar formulations.” Then, the person providing the funds voluntarily invests them in the development of the business. If the business goes bankrupt, even the court will not help get the money back;
6. Be sure to write a transcript next to the numbers;
7. Signatures must correspond to those indicated in the passport;
8. Please indicate the exact date drawing up a document and returning funds according to it. In the absence of information about the date of return of funds, the debtor must return the entire amount within 30 calendar days after the request of the one who provided them;
9. If the money is not returned on the specified date, the one who lent it has the right to file a claim for consideration in court within 3 years from the expiration of the return date;
10. Do not indicate a large percentage, since the court also pays attention to this.

When a document is invalid

There are a number of situations when a receipt has no legal force:

1. The statute of limitations has expired, that is, more than 3 years have passed;
2. Passport details of one or both parties are missing;
3. The action of receiving money was not recorded. In this case, the recipient of the money can simply say in court that he did not receive it;
4. The document was completed by a third party. That is, the receipt must be written by the debtor, but it is not allowed to be written by any other person;
5. It is not permitted to use a copy of the document when filing a claim in court. All you need is the original.

Procedure for going to court

If the deadline has passed and the borrower has not returned the money, the first step is to send registered letter, with a reminder of unfulfilled obligations according to the receipt.

Be sure to keep your payment receipt for the fee. If this measure does not help, then you need to go to court. Don't forget about the three-year statute of limitations.

To file a claim, you must contact the district court at the debtor’s place of residence. List of required documents:

1. Identity document of the plaintiff;
2. Statement of claim in two copies;
3. Paid state duty;
4. Copy and original receipt.

The course of the trial itself will depend on the judge, who may order a graphological examination and call witnesses to give evidence specified in the document.

If necessary, you can seek legal assistance, payment for which can later be demanded from the debtor.

How to correctly draw up a receipt for receiving money, summary

To summarize, we can say the following, now you know how to correctly draw up a receipt for receiving money, however, if the amount being lent is very large, then you better contact a notary to draw up this document.

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What is a promissory note and what responsibility do the parties bear when drawing up such a document? How is a promissory note drawn up correctly, what guarantees of money back does it provide? You will find answers to all these questions in the article below. Here you can download a sample promissory note.

The amount of money borrowed has not only a different purpose, but also a volume - someone takes a loan for personal needs or a large purchase, and someone to increase working capital in business. One way or another, in order to guarantee the repayment of the debt, especially when we're talking about For large amounts, it is recommended that loans be issued on paper. If credit organizations when issuing loans, draw up loan agreements, then to receive sum of money from individuals a so-called promissory note is issued. So what is an IOU? This is an official document that confirms the fact that a certain amount of money has been borrowed. The receipt is personally handed over by the borrower to the lender at the time of transfer of money.

Please note that the conclusion of a written agreement for a loan amount exceeding 10,000 rubles at the time of the transaction is regulated by Part 1 of Art. 808 of the Civil Code of the Russian Federation.

Based on Part 1 of Art. 162 of the Civil Code of the Russian Federation, in the absence of a written loan agreement, in cases of disputes, the parties cannot refer to witness testimony to confirm the transaction and the conditions for the return of funds. A promissory note or other document confirms the loan agreement and its terms in accordance with Part 2 of Art. 808 of the Civil Code of the Russian Federation, which, in turn, determines the existence of obligations between the borrower and the lender regarding the loan and the return of the corresponding amount of money. However, it is worth noting that, alas, not every promissory note can ensure the collection of money from the debtor in the event of a violation by the latter of the agreements. The main reason this fact- incorrectly drawn up document.

Mistakes often made when drawing up a debt receipt

As shown arbitrage practice, quite often there are cases of incorrectly executed debt receipts, which make it difficult or even impossible to collect the amount of debt from the borrower. Let's list the main ones.

Error 1. The promissory note does not identify the person who received the amount of money. For example: “This receipt was given by me, Petrov Petrovich, that I received a sum of money in the amount of 25 thousand rubles as a loan from Marina Ivanovna Ivanova.” Often, such errors in promissory notes can be found in the case of a loan between persons who are in friendly or family relationships, and, as a rule, the attitude towards the document is a pure formality. However, if a dispute arises regarding the repayment of the debt, to prove that it was this Petrov Petrovich who received the loan amount, you will have to undergo a handwriting examination. Another example of this error is the fact that there is no information about the creditor in the promissory note. For example: “This receipt is given by me, Petrov Petrovich, born XXXX, a native of the city of XXX, passport XXXX No. XXXXXX, issued by XXXXXXX, registered at the address XXXXX that on May 1, 2014 I received a sum of money as a loan in in the amount of 25,000 rubles with a return period until May 1, 2015.” The proposed wording of the text for the promissory note in the event of legal proceedings regarding the repayment of the debt may suggest that the debtor can submit to the court a completely different loan agreement, with a similar date and amount, but indicating other data about the borrower (for example, one of his relatives or friends). Having reported that the document that was presented by the plaintiff, and which was directly related to this agreement, was lost by the lender, but the loan took place.

Error 2. The promissory note was drawn up without indicating the receipt of a certain amount of money by a specific borrower. For example: “This receipt is given by me, Petrov Petrovich, born XXXX, a native of the city of XXX, passport XXXX No. XXXXXX, issued by XXXXXXX, registered at the address XXXXX that on May 1, 2014 I agreed with Ivan Ivanovich Ivanov on a loan a sum of money in the amount of 25,000 rubles.” Such wording of the promissory note may lead to the fact that an unscrupulous borrower in the future, when the debt obligation to repay the sum of money is due, will claim that the loan was agreed upon, but not at all about its receipt. Based on Art. 812 of the Civil Code of the Russian Federation, the borrower has the right to challenge the loan agreement due to its lack of funds, presenting in court arguments proving the absence of the fact of transfer of money. If the court accepts the borrower's position, the loan agreement (promissory note) will be declared invalid, and the lender will be refused to satisfy the debt collection requirements.

Error 3. When drawing up a promissory note, the purpose, term and conditions for repaying the amount of money received as a loan may not be indicated. For example: “This receipt is given by me, Petrov Petrovich, born XXXX, a native of the city of XXX, passport XXXX No. XXXXXX, issued by XXXXXXX, registered at the address XXXXX in that on May 1, 2014 I received from Ivan Ivanovich Ivanov XXXXX .b., a native of the city of XXX, passport XXXXX No. ХХХХХХ, issued by ХХХХХХ, registered at the address ХХХХХ in the amount of 25,000 rubles.” This wording of the promissory note fully allows the borrower, in the event of a dispute, to claim that the amount specified in the document was received as payment for some action (sale agreement, received as a gift, etc.), and subsequently become the main reason for the impossibility of repayment funds to the lender.

Error 4. When the promissory note does not indicate the conditions for issuing the loan, namely: whether the loan is targeted/non-targeted; debt repayment period; The interest rate or loan is interest-free. So, if the loan was provided to the borrower for some specific purposes, but they were not covered in the promissory note, the lender does not have the right to demand repayment of the amount ahead of schedule, even if these funds were spent for other purposes. If the receipt does not contain a deadline for the return of funds, on the basis of Part 2 of Art. 314 of the Civil Code of the Russian Federation, the borrower is obliged to repay the loan within 7 days from the moment the lender submits demands for its repayment. If the borrower does not make contact and avoids meeting with the lender, it will be very difficult to prove the fact of filing demands for the return of funds and the existence of an overdue loan repayment period. Lack of information in the promissory note about the interest rate for the use of other people's in cash may also lead to controversial proceedings, including in the case of .

If there is no note in the debt receipt indicating the borrower’s obligation to pay a penalty if there is a delay in repaying the debt, the lender has no right to demand payment from the debtor, which is regulated by Art. 331 of the Civil Code of the Russian Federation, which states that, regardless of the form of the main debt obligation, the agreement of the parties to pay the penalty must be made only in writing.

Error 5. The promissory note is printed on a computer. This form of drawing up a document may lead to the borrower challenging the fact of signing with his own hand, and in the future, the need to conduct a handwriting examination. This error, accordingly, will entail a delay in debt collection and unnecessary financial expenses. In addition, if the borrower’s signature includes a small number of symbols, the expert may well issue a conclusion that it is not possible to establish the correspondence of the symbols on the receipt to the borrower’s (debtor’s) signature.

Error 6. The promissory note, written in the borrower's own hand, contains corrections. Remember that any corrections in documents relating to cash loans may subsequently negatively affect the proof of the reliability of information data, namely: the loan amount, the repayment period and the amount of interest.

How to properly draw up a debt receipt

As a rule, a promissory note does not have established form writing, the document can be drawn up either in simple written form or notarized. A correctly drawn up promissory note has full legal force and does not require certification by a notary. However, it is worth noting that in the event of disputes regarding the repayment of debt in court, a notarized document will significantly speed up the process, eliminating any claims by the borrower. So, the promissory note must be written in the borrower’s own handwriting and not have any corrections or inaccuracies. This document must contain:

1. information identifying the lender and borrower (full last name, first name, patronymic, date and place of birth, passport details, information about registration at place of residence, contact numbers);
2. information indicating that a certain amount of money is transferred from the lender to the borrower as a loan; the amount of the amount must be indicated in numbers and words;
3. the conditions on the basis of which the loan was issued, namely: targeted/non-targeted, repayment period, interest rate for the use of funds or interest-free loan.

In addition to the above points, in order to reduce the risk of non-repayment of funds, it is recommended to include several important conditions, namely:

• Requirements for the borrower to pay a penalty in a certain amount in case of failure to repay funds on time.
• Requirements for the possibility of considering any disputes regarding the amount issued as a loan and receipts in the judicial authorities at the place of residence of the lender. This condition can have a positive effect in the event of disputes about debt repayment, if at the time of drawing up the debt receipt the borrower is registered in another city, or immediately after receiving the funds he changed his place of residence.

This requirement can be stated in the document on the basis of Art. 32 of the Code of Civil Procedure of the Russian Federation, according to which the parties involved in the agreement (debt receipt), by agreement, can establish territorial jurisdiction for the case.

• Requiring the borrower to understand the legal consequences of issuing the promissory note. This condition must be written down in the borrower’s own handwriting, and in the event of a dispute, the lender has the right to refer to the fact that the borrower, when receiving funds, was fully aware of the consequences of his actions.

Are witnesses needed when drawing up a promissory note?

Despite the fact that the current legislation of the Russian Federation does not contain conditions confirming the need for witnesses when concluding a loan agreement, the presence of the latter when transferring money and receiving a promissory note is not prohibited. In cases of litigation, the presence of witnesses confirming the fact of transfer of money, as well as the conditions for their return, can play an important role. Based on the foregoing, the lender has the right to require the borrower to include in the text of the promissory note information about the witnesses present at the time of transfer of money.

Important! When repaying the debt (full or partial), the lender must give the borrower a receipt for the amount of the debt and return the promissory note taken earlier when applying for the loan. A receipt confirming receipt of funds from the debtor may be replaced by a corresponding inscription on the document returned to him.

Good afternoon friends. Today we have an article that can be useful to almost everyone. We will tell you and show you how to write a receipt. Moreover, write it correctly, so that later this document has legal force, and does not remain a simple useless piece of paper.

How to write a receipt correctly. 7 simple rules.

The main criteria of this document are the points that we list below. Is not established by law rules, and ours general recommendations, which in to a large extent will help reduce risks when writing, avoid unpleasant moments and proceedings, and simply compose a document correctly and competently.

Important! A receipt is documentary evidence of the transfer of money. It is with its help that the fact of transfer of money is verified. By virtue of the law, it is impossible to prove the transfer of funds with testimony.

So, 7 rules on how to write a receipt correctly:

1. The document must indicate the full passport details of the recipient of the funds - series, number, name of the organization that issued the document, as well as the place of registration (registration), which is established in the document. Indicating only the last name, first name and patronymic is not enough.

2. Similar to the previous paragraph, the details of the person providing the funds must be carefully recorded.

3. The amount of debt must be indicated in accordance with current legislation, in a means of payment in circulation in the state. The amount of debt must be indicated in numbers and words.

4. The receipt must indicate the actual date of receipt of funds. That is, specifically the day (or better yet, the time) of the transfer of funds from one person on the receipt to another.

5. If the receipt is a promissory note, it is necessary to indicate the exact terms for which the debt is provided, or the date by which the borrowed money must be returned.

6. If the receipt is not a promissory note, it is necessary to indicate for what services or goods the funds are provided, or for what purpose they are transferred from one person to another.

7. At the end of the receipt, the full names of both persons involved and signatures are indicated.

These rules are general recommendations that you should definitely follow if you want to avoid possible risks and further proceedings. If you ignore one of these points, the person receiving the money can use it for his own purposes. He must sign in your presence.

Always carefully and carefully check the correctness of the data specified in the receipt - this will protect against forgery and possible problems. If you are lending money, it is better to play it safe and make sure to make a photocopy of the document mentioned in the receipt.

Not everyone understands what the phrase “fact of receiving money” means. Therefore, in the receipt, insist on the wording: “The money was received when drawing up and signing this document.” As previously mentioned, if the receipt is not of a debt nature, it is necessary to clarify for what or for what purpose the funds are provided.

Sample of writing a receipt certifying financial obligations

Sample of writing a receipt certifying the fact of transfer of money

Unobvious subtleties of drawing up a receipt

To correctly draw up a receipt (so that it acquires documentary force), you need to know a number of subtleties that are not entirely obvious:

1. The receipt must have a date of preparation. This date usually becomes the starting point for calculating the debt.

2. The place where the receipt is drawn up is also an important point.

3. A thorough check of the data of the document (passport) on the basis of which the receipt is drawn up has already been mentioned.

4. Registration (registration) must be indicated from the document. But it would be useful to record the address of actual residence (location), if it differs from the indicated one.

5. The debtor’s signature must be included in the document in full. If the receipt is printed, it must be written in words (full name + signature).

The rules listed above are quite simple - but they are often ignored, which reduces the documentary value of the receipt to nothing. Be sure to follow them and then you will not have any problems in the future.

Useful video about writing a receipt

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6 comments on ““How to write a receipt correctly””

Please tell me whether it is necessary to write a receipt when drawing up a marriage contract. The situation is as follows: the man has property and money, but the woman has nothing.
How can you use a receipt to protect yourself in case of a future divorce, so that all the property a man has is not divided in half in the future? How can all these and other nuances and points be correctly written down in documents and properly executed?

I recommend everyone to lend money only against a receipt, since I myself have experience of such a transfer of money without a document. As a result, we have been waiting for money for five years, the amount was large and now we understand that we will not achieve anything without evidence. Don’t take people’s words; any relationship, even family relationships, can deteriorate at any moment because of money.

Oksana, such cases are quite common. Because of money that was taken “on trust” and not returned, relationships between friends and relatives often worsen. Sometimes it comes to more serious consequences. To avoid all possible negativity, it is best to stock up on a receipt when transferring even not too large amounts of money. That’s why the article was born: how to write a receipt correctly

I DO NOT RECOMMEND LENDING MONEY AT ALL, LESSLY TO FRIENDS! THEN THERE WILL BE A LOT OF FOLLOWING TO GET IT BACK, AND YOU WILL HAVE TO FORK FORM FOR IT IF YOU DECIDE TO ACT THROUGH THE COURT! I ALSO BORROWED ANOTHER QUITE A GREAT AMOUNT, NOW I'VE BEEN WAITING FOR 2 YEARS ALREADY! FOOL WHAT TO SAY!

A promissory note is a document used in civil law relations in order to minimize the risk that the transferred funds will not be returned. The law does not establish clear requirements for the preparation of this document, so it is important to know how to draw it up. Let us consider in detail the features of drawing up a promissory note.

○ The concept of a promissory note.

A promissory note is a document that is drawn up when transferring funds. It certifies that one party transferred the money in the amount specified in the document, and the second accepted it, obliging to return it within the agreed period.

Typically, a receipt is drawn up when funds are lent at interest. The purpose of the document is not only to record the obligation to repay the money, but also to indicate the final amount that should be transferred to the lender.

○ Features of compilation.

In confirmation of the loan agreement and its terms, a receipt from the borrower or another document certifying the transfer by the lender of a certain amount of money or a certain number of things to him may be presented.
(Clause 2 of Article 808 of the Civil Code of the Russian Federation).

The design of this document has its own characteristics.

✔ For a loan of more than 10,000 rubles.

If the transferred amount does not exceed 10 thousand rubles, the parties can enter into an oral agreement between themselves to return the money. But if the transfer object is larger, written confirmation of the transaction is required. In this case, you can draw up a standard loan agreement; it will be valid if signed by the parties, or simply issue a receipt.

Each document will be the basis for debt repayment.

✔ Notarization.

Notarization of transactions is required:

1. In cases specified by law.
2. In cases provided for by agreement of the parties, at least by law, this form was not required for transactions of this type.
   (Clause 2 of Article 163 of the Civil Code of the Russian Federation).

It turns out that there is no mandatory requirement for the receipt to be notarized. There are some things to consider here. The notary will not certify the receipt as a separate document. He can only certify the loan agreement and the receipt as an appendix to it.

Thus, if you have not yet transferred the money against a receipt, but want to have the transaction notarized, draw up a loan agreement. And if the funds have already been transferred and you want to additionally insure yourself, don’t worry. The receipt is already a legal document as a basis for repayment of the debt. If problems arise, you will have to go to court in any case.

○ General rules for drawing up promissory notes.

The law does not establish specific requirements for the form of document preparation. The receipt can be handwritten or printed. The first option is preferable because if problems arise, you will have proof that the debtor personally and voluntarily filled out the document.

Despite the lack of an established form, drawing up a receipt still has some features.

✔ Contents of the document.

The document must include the following information:

• Full name, passport and contact details of the parties.
• Place of registration/residence.
• The amount transferred into debt (in numbers and words).
• Interest (if any).
• Currency exchange rate (if money is transferred in euros or dollars, the rate is constantly changing and you need to insure yourself against possible losses).
• Debt repayment period – it is advisable to indicate a specific date.
• Signatures of the parties.

✔ IOU with interest.

The main feature of this form of receipt is the indication of the interest at which the funds are transferred. Considering that the document also records the period of use of the money, a calculation is made of the total amount to be returned.

If for some reason the debtor does not transfer funds on time, interest continues to accrue.

If the amount of debt is significant, it is better to draw up a full-fledged loan agreement and a receipt as an appendix to it.

Example.

I, Sergey Leonidovich Petrov, born in 1986, living in Krasnodar (passport 1234 564789 issued by the Krasnodar Department of Internal Affairs on October 20, 2006), give this receipt to Petr Vladimirovich Kravchenko, living in Krasnogorsk (passport 3216 654789 issued by the Moscow Department of Internal Affairs 21. 12.1998 d) that I am S.L. Petrov. received from Kravchenko P.V. 40 thousand rubles at 10% per annum.

I undertake to repay the loan to in full(47,500 rubles) until September 15, 2017.

✔ A promissory note without interest.

If funds are transferred without interest, the receipt indicates only the amount of debt and the repayment period. It is important to consider that the more specific information provided in the document, the easier it will be to use in the event of a dispute.

Example of an interest-free receipt

I, Sergey Leonidovich Petrov, born in 1986, living in Krasnodar (passport 1234 564789 issued by the Krasnodar Department of Internal Affairs on October 20, 2006), give this receipt to Petr Vladimirovich Kravchenko, living in Krasnogorsk (passport 3216 654789 issued by the Moscow Department of Internal Affairs 21. 12.1998 d) that I am S.L. Petrov. received from Kravchenko P.V. 40 thousand rubles.

✔ An IOU with monthly payments.

For this method of calculation, it is advisable to draw up a loan agreement, because this form of document has greater legal weight and provides the opportunity to draw up a payment schedule. It is also easier to prove that the agreed monthly amount was not paid on time.

If desired, the payment schedule can be included in the receipt, but here it will rather be an indication of systematic payments.

But in the form of a receipt, the transferred loan will have the same legal force.

Thus, correct design receipts are crucial for debt repayment in the event of a dispute.

One of the design methods monetary obligations is the preparation of a promissory note. Such a document is drawn up in a simplified manner, does not require registration, and is drawn up in an abbreviated form as agreed by the parties. In what cases does a receipt have legal force, what basic details should it contain, and in relation to the fulfillment of what requirements should it be drawn up, in detail in this material.

Rules for issuing a debt receipt

The receipt is equivalent to documents that can be accepted as official confirmation. To give it legal force, you must comply with the following requirements:

1. There are no restrictions in the law regarding the amount of debt that is fixed on the basis of such a document. It could be several thousand or millions. There are also no currency requirements. When judicial trial in relation to debt, recalculation is made in Russian rubles at the exchange rate of the Central Bank of the Russian Federation in force at the time the dispute is resolved.
2. It does not matter for what purpose the funds are used - personal for the purchase of consumer goods, or commercial, if an increase in working capital is needed for the development of production. The receipt can also be issued in the field family relations, for example, to secure the obligation to pay alimony in the future.
3. The receipt must be in written form; notarized registration is not required if it is more than 1,000 rubles. This requirement is established by Part 1 of Article 808 of the Civil Code of the Russian Federation; the norm states that transactions with a valuation of more than 10 are subject to such registration minimum sizes wages. It should also be noted that it is not possible to refer to witness testimony by virtue of Part 1 of Article 162 of the Civil Code of the Russian Federation if the written form is not observed, even in court.
4. A receipt is drawn up for the transfer of funds when making a transaction both by citizens and between representatives of legal entities or individual entrepreneurs.

Errors when drawing up a debt receipt

It is not always possible to draw up a written document in a simple form to ensure a guaranteed recovery. The reason for this may be errors in its preparation, among which the most common are:

• Lack of information about the person who received the funds. An example would be an indication for a citizen to receive funds indicating his full name, but his passport details or other identifying characteristics will not be indicated. For organizations, not only the name is required, but also the TIN and registration number in the state register, which will allow the debtor to be identified. Such receipts are often drawn up by relatives or persons in friendly relations, who give the document a formal character. In practice, it is subsequently necessary to conduct a handwriting examination to establish the identity or representative of the debtor organization
• Sometimes the receipt does not contain information about the creditor. In court, such evidence may not be accepted due to the risk of the parties substituting an obligation, providing a document, for example, from a relative or under another loan agreement with similar conditions.
• In the absence of information about the fact of receipt of funds by the creditor. Such evidence confirms the achievement of an agreement on the loan, but not the very circumstance of the transfer of money. According to Article 812 of the Civil Code, the borrower has the right to challenge the loan agreement due to the lack of arguments for the transfer of a sum of money.
• If there is no information about the deadline for returning the money, you will need to take additional steps to return it. In particular, a notice is drawn up about the need to close the debt by a certain date. It is sent to the borrower’s residential address or delivered to him personally. In this way, you can make up for the deficiency with insufficient registration of the debt obligation.
• If the purpose of receiving funds in the future is not specified, the creditor is deprived of the opportunity to prove that the money was provided for payment under the purchase and sale agreement or the fulfillment of other obligations. In court, such a fact can lead to successful proof of the transfer of funds in connection with making a purchase or ordering services.
• When an agreement has been reached to provide a loan at interest, its amount should be mandatory be specified in the receipt. Otherwise, it will be extremely difficult to prove it and a recalculation will be carried out at the refinancing rate of the Central Bank of the Russian Federation for each day of use of funds. This may create an evidentiary problem. In particular, transactions between legal entities are impossible on an interest-free basis, since the purpose of their activities is to make a profit. Thus, when resolving a dispute in court, difficulties may arise in proving the fact that a certain interest rate has been established. According to Article 809 of the Civil Code of the Russian Federation, in the absence of information about the fee for using funds in the amount of up to 50 minimum wages (for 2018 - 5,000 rubles), the loan is assumed to be interest-free if the money was not provided for the purpose of increasing income by a business entity.

If the receipt does not establish the obligation to pay a penalty for failure to fulfill the obligation, then it is impossible to demand payment on the basis of Article 331 of the Civil Code of the Russian Federation. The norm contains a payment condition only if expressly specified in the contract.

How to draw up a promissory note correctly

In order for the process of proof to be easy during judicial consideration of a dispute, the following conditions must be taken into account. Firstly, the document should be written in your own hand; this is done by the borrower. If the receipt is printed on a computer, and only has a signature on it or contains little handwritten text, the process of proof will be very difficult. Required .

Secondly, corrections and cross-outs should be avoided. This may invalidate the document as evidence in debt collection. Any note must contain the borrower’s signature and the date the changes were made, but it is better not to make them in order to avoid assessing the transaction as void and causing disputes regarding evidence.

Special shape for receipt is not established by law. It is compiled arbitrarily when determining legally important points, which include:

• Identification of the parties to the agreement - full name, name of the organization, address of residence or registration, identification documents and authority to act on behalf of the company.
• The amount of debt in the loan currency - foreign or Russian banknotes.
• Interest for the use of funds, payment procedure.
• Purpose - to pay for goods under a sales contract, return debt to third parties, etc.

Example of a promissory note: