At all times there was a practice of lendingmoney and leave bills. Someone lent out for interest, some for friendship, without requiring an additional payment for such a service. But, whatever it was, not all the debts returned. Actually, as now. Let's say you can afford to borrow some money, but you want to be sure that the same amount will be returned to you, as a person who lends money promises. As the old saying goes, "friendship is friendship, but money is apart." It is for this purpose that there is a document with a simple and understandable title "debt receipt".
How to issue a receipt correctly?
Sample: "Debt receipt.I, Leonov Leonov Leonov, date of birth 01.01.1980, passport No. ... issued (date of issue), by the police department (issued), registered (place of registration) and resident (place of residence), took (amount and number and words ) to a debt of 20% per annum for citizen Fedorov Fedorovich, date of birth 02.02.1982, passport No. ... issued (date of issue), by the police department (issued), registered (place of registration) and resident (place of residence). I undertake to return the indicated amount with interest (date of return). Signature."
A debt receipt is written only by hand.Subsequently, in the event of any disputes (if the debtor "retires"), the handwriting examination will determine the author of the text. Only a signature under the text typed on a computer, for examination is not enough. It is advisable to compare the signature of the borrower with a loan in his own passport. It happens that "professional" debtors in each new receipt put a new signature.
If you give the amount at a certain percentage, then it must be indicated in the receipt.
If the money is lent in currency, the receipt should indicate which currency exactly and at which rate it is necessary to return the money.
The debt receipt must indicate (necessarily)date of return of money to the creditor. From that day, the statute of limitations will begin to be calculated when applying to the organs of the court. The statute of limitations is 3 years. If the date is not specified in the receipt, then the loan will be considered indefinite. It will be more difficult to achieve justice here, - before applying to the court, the respondent is required to return the loan.
Even if the debt receipt is correctly drawn up,she can not become the guarantor of a refund. First of all, this is the debtor's good faith. However, the presence of all the necessary items will increase the chance of a refund if you are forced to go to court.
How to get a debt on receipt?
If the borrower refuses to return the previously takenthe amount (and this happens often), contact the court. The law in most cases will come to your side. There is no need to linger here. Time lost will play against you. The return of a debt depends largely on the debtor and is divided into types:
- by status (physical or legal person);
- for creditworthiness (the availability of property: a car, a piece of land, real estate, etc.), the presence or absence of the possibility of collecting the required amount from the debtor;
- the basis for the appearance of a debt obligation (receipt, loan agreement), causing harm (hooliganism, road accidents, etc.).
If the debtor has a property that satisfiesthe creditor's demand, act immediately: you may find yourself on a long list of those who demand a return of the debt. The first who initiated a refund of money has more chances to repay the debt. You should not threaten the debtor by going to court. Address there at once. The demand to return the debt can push the borrowed money from you to take measures to remove assets from the impact. Sometimes the debtor simply leaves, and it is not always possible to find it. Thinking about how to repay the debt on receipt, gather information about the person who did not return the money. All the details are important, every little thing. Your trump card is a factor of surprise.
Further analysis of information will allow you to chooseoptimal ways to repay the debt. Often debtors who do not have property fall under the articles of the Criminal Code when their actions are qualified as fraud.
