The receipt of the debt funds - a document having a narrow focus. This allows you to protect both sides of the transaction and provide guarantees, that the borrowed money will be returned on time and on the same conditions, which was agreed between the partners. In some situations, the receipt serves as a supporting document, if the transaction takes place on the basis of a contract. Correctly formatted document having competent internal filling has continued protection and assistance in case of dishonesty one side, as well as in matters, transitioning to the court.
The role of the receipt of the debt funds
"Debtor - a servant to the lender", and despite the fact that there are more than loyal to the frame in the modern world, and serfdom and slavery - it vestiges of the past, the question of the timely repayment of money worries as the debtor, and the lender. The receipt of a monetary debt allows the parties to act in a clearly defined framework and not to neglect the agreements. Receipt allows the giver in debt, have the assurance, that amount will be returned in a timely manner and in the proper amount. In case of non payment of debt, a receipt will serve as a basis for going to court, in order to attract to the grade of responsibility.
Taking a loan receives not only an incentive to timely payment of debt, but also guarantee, that amount will not be payable to more than one, than it actually is, because there are cases of unfair to the debtor by the creditor.
cases, when you might need compiling receipts on debt the amount of money, can be very diverse. for example:
- services were provided on credit;
- the goods have been handed over to a debt;
- They borrowed the money can be, or thing or any other property;
- the funds were given in interest-bearing debt.
For many who have at their disposal a sum of money to an idle, decide, it is better to arrange their affairs so, that money does not just lay, and generate passive income. That's why for many the issuance of interest-bearing assets is a good solution for additional earnings.
It is important to understand, that the receipt should be at between strangers, and in relations with relatives, friends or other proxies. If the document is drawn up, then there is a risk of conflicts, disputes or other misunderstandings.
Every situation has its subtleties and nuances distinctive, therefore constituting a receipt is important to consider them in the light of the specific conditions of the transaction. for example, if the funds are given at interest, the more at risk he is, who give money. Therefore, the receipt for it - this is the main instrument of protection.
Whatever the occasion, in respect of which a receipt is issued, It remained largely unchanged, namely: written confirmation of the financial transaction between the two entities. The receipt you can fix the following provisions: amount of debt, rate of interest, Refund timing, the transfer of property or other assets borrowed.
Some situations are non-standard frame, so it is imperative, that the contents of the document were as detailed as possible.
The receipt of cash interest-bearing debt
Cash loan options may have a different view, based on the objectives and relationships of business partners. Often the money is given on credit without interest, which is the most simple operation, having only a few basic conditions. Namely: a certain amount, exchange views, return dates parts or in its entirety. The receipt of this nature has the name of promissory note.
The debt may be given to things or goods, for which payment would be made later in accordance with the established deadlines. Sometimes the lender may charge penalty interest for late payment payment for this product. Such details of the transaction shall be specified in advance and by agreement of both partners, included in the document content. When it comes to the purchase or sale of land with a mortgage, should understand, that such a document as a receipt does not have proper legal force, so the transactions of such a plan should be used only loan agreement.
If the funds are given in interest-bearing debt, creating the receipt of such a plan is important to consider some of the features. charging of interest, of course, is an obvious incentive for the payer, who will try to repay the loan if not earlier period, or at least on time. Before writing the receipt side to discuss their requirements and preferences, as well as conditions, which will be the return of the debt and interest thereon.
Most often, the payment of interest occurs upon entering the debt in its entirety, However, the conditions can be tailored to the situation. Adding the payment can take place in similar ways:
- the return of the debt each month;
- entering certain parts of the payment on a predetermined schedule;
- debt back in full once, together with accrued interest;
- quarterly payments with accrued interest for the period of time.
Often, by the receipt of money is not the main duty, but only additional document. In this case, the role of the main paper advocates the contract and that it describes all the nuances and details of the transaction. The contract included the major details and data on both sides of the contract, so much information is already losing its relevance to write on the receipt. When the parties to make deals under the agreement, receipt serves only written evidence, that were transferred to cash in debt.
If the receipt of the transfer of the debt is the only and main document, then its contents should be as detailed and comprehensive, the contents of all the parties to the transaction details.
What is important to remember, to begin compiling the document?
It is important to understand, that not everyone will get the agreement to conclude a trustworthy. In order to protect themselves, each party can take care of the following:
- check your passport and identity;
- not be based on the receipt of any other document other than a passport;
- you can not make a deal with the face, which already has debts or has a reputation of, who pays a loan at the wrong time.
If a question arises about whether, how it is possible to check the data about the debtor or his reputation, should contact the bailiff, it was he who engaged in asking such questions.
Also worth knowing about the most common mistakes, which come across as an experienced, and beginners in this field. Namely:
Some nuances can help prevent the most common errors:
- details of the deal were not accurate and detailed, many important omissions information has been admitted;
- It was not written as, when and in what currency will return to duty;
- witnesses were relatives, close friends or surrogates;
- partner put his signature, not read the document;
- receipt in empty fields were left, where the fraudsters were able to enter the best information for themselves;
To protect yourself it is important to take the following methods:
- money transfer process in debt can be rented at the video device or telephone;
- check the document for errors and erasures;
- rewrite receipt, if it found an error or correction;
- special attention should be paid to the timing, dates, the address details of the parties and figures, that they are complete and accurate.
If there was a misunderstanding or a transaction was thwarted by one of its members, you can go to court. Appeal to the Court and further developments will have a similar appearance:
- party to go to court, and on the basis of receipts and other documents present;
- the court directed wisely left a statement on the resolution of the issue and the originals of other documents;
- judgment debtor to present a fine;
During the trial,, the plaintiff may take the originals of their documents, and provide copies of the court.
The content and design of the duty receipts of funds
When it comes to drawing up the contract on the scale of financial transactions, should think about the qualified legal aid is able to provide competent assistance. If after making the contract there is a need in the design of receipts for confirmation in writing of the transfer of money on credit, then to write it, you can go by yourself. Also, if the debt does not apply to large amounts or if the financial transaction takes place between people, untrusted, preparation of receipts and does not require professional assistance.
However, for independent preparation of receipts must be taken very responsibly. If desired, the receipt and transfer of money on credit can be carried out in a notary's office and notarized. He would make a deal, It confirms the fact of transfer of money in the debt and assure all the necessary documents. but, as a certified, and not certified by a notary receipt has the same legal force, if it contains all the necessary details.
It is important to remember that, that independent compilation released on the monetary debt is extremely necessary, in the case where the financial transaction regard to the amount exceeding 10 000 rubles. If it's a lesser amount, but the parties see a need in the preparation of this document, by mutual agreement, they may conclude an agreement on the basis of this document.
Making receipt of duty can delineate for several stages, so as not to lose sight of the important points. for example:
- examine the procedure for drawing up;
- fill in the content of the document;
- check the reliability and solvency of your business partner;
- competently in writing to issue a receipt;
- sign the document and check it for errors or completeness of the contents of the said details.
Form compilation of receipts - arbitrary. The text must be written in business style. Although the receipt may be adapted to the specific conditions, its structure should not be violated, and the data must comply with the mandatory requirements for, document to be able to provide legal and legal protection.
Information should be provided in the following order:
- receipts name, namely "... cash debt";
- date of filling in numbers and words, in order to avoid misinterpretation of the records;
- accurate and complete passport data of all participants;
- terms of such a plan: «(F.I.O.) He gave as a loan amount of $ _____________________(FI. the debtor);
- the amount of debt and fits in figures and words in order to avoid misinterpretation of the records;
- if there is a basic agreement in addition to receipts, should write: "Receipt is made on the basis of contract (the name of the contract and its number);
- at the end of the document commits the parties to put their signatures, which must comply with the, that are listed in the passport;
- at the time of signing the welcome presence of witnesses;
- If the witnesses are participating in the transaction, their passport details and signature must also be written;
- all the lines it is necessary to fill in, empty string should not be left, it is recommended to fill the dashes;
- text receipts must maximize detail the subject of the transaction;
- it should be mentioned, where there is a transfer of funds in the debt;
- if debt implies an increase in percent, the parties must determine their volume, and then this information should be made in the receipt;
- it is important to display all of the writing periods, when it will be made certain payments, or final repayment date;
- constitute receipt by hand or fill Blinky in duplicate;
- witnesses may be persons, having no family ties either with the buyer, nor the seller, it should be a disinterested party;
- signatures must be checked for compliance with the, that are listed in passports.
If a receipt is written by his own hand, not printed, then its authorship can be readily determined by forensic analysis and handwriting. This is a necessary procedure is relevant in the case, when the author or the, who put his signature under the document content is abandoning his involvement in the preparation of receipts. Then, in the course of the trial can establish justice and bring to dishonorable citizen responsibility.
If the parties do not provide for the use of interest, in the case of breach of an agreement or a default by one of the parties, the court shall determine the amount of fines as compensation.
Typically, the terms of such a plan of action taken varies within three years. The document comes into force upon signing and affixing the date both parties at this date.
Sample receipts on debt funds
