promissory note
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“How can I get a receipt from a relative? He will immediately think that I am biased towards him and don’t trust him,” Misha will think, transferring 30 thousand to his brother, who is left without a job.
“Why draw up some kind of agreement, pile up a bunch of papers? - Masha speculates, borrowing 300 thousand from a friend, a manicurist with 20 years of experience, to open her own business. “She is a professional and an honest person.”
“Why the receipts, and especially the contracts, she will think that I have a bad attitude towards her family,” flashes through the mind of Maxim, who lends 1,000,000 rubles in cash to his wife’s brother.
In such a situation, it may seem that drawing up a loan agreement or receipt may simply offend someone close to you. Although it is quite logical that a respectable relative or friend in need of funds, based at least on ethical principles, should himself become the initiator of documenting the loan.
It is also worth understanding that the presence of a receipt of incomprehensible content does not at all guarantee a return of money, this is confirmed by a huge number of court decisions on such disputes.
Currently, the topic of loans is especially relevant, so today in our blog we will talk about how to lend correctly.
We advise you to lend only money that you are mentally prepared to lose.
Sample
Like other official documents, a receipt for receipt of money is drawn up according to a specific model adopted at the legislative level.
The document contains the following information:
- title,
- Full name of the citizens who entered into the transaction, specifying which party is the buyer and which is the recipient,
- the amount of the contribution and its currency,
- details related to the transaction - for example, the number of the main agreement,
- the purpose of the operation,
- signature of the participants and date of preparation of the certificate.
Some information can be omitted. For example, if there is no other agreement, its number may not be written down.
How to write a receipt for receiving funds
A promissory note is the most common form of formalizing a cash loan. This seems to be not an official agreement, but at the same time a confirmation of debt obligations.
According to paragraph 2 of Article 808 of the Civil Code of the Russian Federation, 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 can be presented.
At the same time, the clear form of this paper is not fixed by any law or code; it is drawn up in any form. In this regard, many neglect to consult a lawyer when drawing up this document and do not spell out all the conditions in detail. They believe that the main thing is to indicate the amount and ask the debtor to put his signature on the document.
However, this is not a promissory note at all; such a document can mean anything, any mutual settlements.
In order to correctly issue a debt receipt, pay attention to the following points:
Indicate that this is a loan
The borrower must write that the amount was transferred as a loan.
If the receipt does not indicate that this is a loan, the borrower can easily convince the court that this is confirmation of any other mutual settlements between the parties and he had no obligation to repay the money.
For example, the plaintiff presented a receipt in court where the defendant indicated that he had taken money from him to develop their joint business. The plaintiff asked to recover these funds. The court refused to satisfy the request, since the text of the document did not imply an obligation to return the money.
Loan amount in words
The loan amount must be stated in numbers and words. The lender must carefully read the text of the document, since the debtor may intentionally omit important phrases or incorrectly indicate the amount. A simple mistake may occur. I missed a couple of zeros and owe 100 times less.
Document the fact of transferring money
The receipt must indicate that the funds were transferred by the lender and received by the borrower. If this phrase is missing, it will be extremely difficult to prove that the money was actually transferred, especially cash. If the money is transferred by bank transfer, indicate the purpose of the payment: “loan under agreement …” and keep the transfer receipt. The same applies to loan repayment. If you plan to return the money in installments, write down the repayment schedule in as much detail as possible on the receipt and document each payment.
If during quarantine you are asked to borrow money in a contactless way, for example, through Sberbank online, indicate as briefly as possible in the purpose of the payment that the funds were transferred for a reason, but as a loan. “In debt to Ivanov I.I. until 01.09.2020.”
Example of a correct receipt
Receipt
Kyiv March 10, 2020
I, Vasilenko Anton Andreevich, passport NU 123456, issued on July 19, 1987, Solomensky RO GUMVD of the city of Kyiv, registered - Kiev, st. Vladimirskaya, 11, apt. 25, identification code 0987654321, borrowing from citizen Kachurenko Bogdan Konstantinovich, passport NS 145323, issued on October 22, 1982, Darnitsky RO GUMVD of the city of Kiev, registered - Kiev, st. Olesya Gonchara, 8, apt. 11, identification code 3485939402 – 100,000 hryvnia (one hundred thousand hryvnia) for a period of 1 (one) year. I undertake to repay the debt by 03/07/2019. I received the money in full upon signing the receipt. The receipt was written by me personally.
Vasilenko Anton Andreevich (signature of the borrower)
Witnesses were present during the transfer of money: I, Kondratenkov Boris Andreevich, passport PA 232481, issued on September 7, 1992 by the Dneprovsky Regional Department of the Ministry of Internal Affairs of the city of Kyiv, registered in Ternopil, st. Brodska, 16, apt. 23, identification code 2304300593, I confirm the fact of transfer of money and testify to the voluntary writing without coercion or encumbrances.
Kondratenkov Boris Andreevich (witness signature)
Sample receipt for receiving money
Especially for our readers, we have prepared a sample receipt for receipt of funds. You can download and print this document. We recommend using it only as a sample when the borrower writes a receipt in his own hand.
Do not type the receipt on a computer; this document must be completely handwritten by the recipient of the money. The borrower must write the receipt in your presence, since a previously drawn up document may be written by a completely different person. Subsequently, because of this, the court will refuse to collect funds from the debtor.
Samples of receipts for receiving funds
Sample form for receipt
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Rules for document execution
- You need to make sure that the person to whom you are transferring the money has the right to receive it (for example, you rented an apartment from a woman, and her husband comes to collect the money - this is illegal).
- Traditionally, the document is recorded with a blue ballpoint pen (in particular, this facilitates potential examination, since the gel pastes are lubricated).
- Corrections, strikethroughs and other blots are not allowed. In theory, you can write “correction is correct” next to the correction and put the signatures of the parties, but the best solution would be to rewrite the text completely.
- A copy of a note (even certified by a notary) has no legal force. When presented in court, the original is required.
Sample receipt for receipt of funds No. 1
Heading
When compiling, we recommend relying on the template below.
Text
I, Petrov Petrovich, born 01/01/1991 (passport series 01 No. 001001, issued on January 1, 2011 by the Department of Internal Affairs of the Sosnovsky district of the city of Orekhovka, registered at the address Orekhovka, Internatsionalnaya St., 98, apt. 113) received from Ivan Fariseevich Ivanov on 02.02.1992. (passport series 02 No. 002002, issued on February 2, 2012 by the Department of Internal Affairs of the Sosnovsky district of the city of Odintsovo, registered at the address Odintsovo, Eshpaya St., 87, apt. 53) a sum of money in the amount of 7,00 (seven thousand) rubles.
I, Petrov Petrovich, undertake to return the funds given to me in full to Ivanov Ivan Ivanovich by April 4, 2017 (if necessary: with interest of 0.3% per annum).
Orekhovka
Date of.
___(signature)___ Petrov P.P.
___(signature)___ Ivanov I.F.
Receipt for receipt of funds - sample No. 2
I, Petrov Petrovich, born March 01, 1995 (passport series 01 No. 001001, issued on January 1, 2020 by the Department of Internal Affairs of the Sosnovsky district of the city of Orekhovka, registered at Orekhovka, Internatsionalnaya St., 98, apt. 113) received from Ivan Ivanovich Ivanov on 02.02.1992. (passport series 02 No. 002002, issued on February 2, 2012 by the Department of Internal Affairs of the Sosnovsky district of the city of Odintsovo, registered at the address Orekhovka, Eshpaya St., 87, apt. 53) a sum of money in the amount of 11,858 (eleven thousand eight hundred fifty-eight) rubles to pay the cost of renting a one-room apartment located at Odintsovo, st. Indusskaya, 657, apt. 37 under agreement dated September 8, 2020
I received the money for renting the apartment in full, claims against Ivanov I.I. I do not have.
Orekhovka
Date of.
___(signature)___ Petrov P.P.
___(signature)___ Ivanov I.I.
Advance request to borrow funds
Don't be afraid to "pile up papers." All agreements must be documented, this will protect your assets. One additional document can cost you millions, remember this. The awkwardness and fear of offending the loan recipient can have a high price. Invite the borrower to submit a preliminary loan request in writing. In the event of a trial, this will be evidence that there were debt obligations between the parties on certain conditions and this is confirmed not only by a receipt, but also by a written preliminary request for a loan.
The request can be made in any form, without indicating passport data and other identifiers of the parties. This is not mandatory, but it won't be superfluous either.
Pledge
It would be quite reasonable and advisable to require the borrower to secure the loan with his property as collateral. This is your insurance in case of any unforeseen circumstances. In this case, the borrower does not lose anything; he conscientiously fulfills his obligations to repay the loan, and you, in turn, return the collateral. If he reacts negatively to your request for collateral, think about why then you should respond positively to his request for a loan. For a conscientious person who really needs money at the moment, this will not be something “supernatural”.
We recommend using liquid items as collateral that do not lose their value over time and are easy to store.
This could be: items made of gold and silver (jewelry, etc.), expensive men's and women's watches (original packaging and documents are highly desirable); premium bags in excellent condition; antiques and art objects.
Before accepting the collateral, we recommend that you evaluate it first at a specialized pawnshop. We recommend that you proceed from this assessment by writing in the receipt that the collateral is valued by the parties at a certain amount. Indicate that the collateral will be kept by the lender; he will not assume the risk of loss.
... a decent borrower must offer collateral himself, this is the norm.
We strongly do not recommend accepting cars and other vehicles subject to registration as collateral: they are difficult to store and sell if necessary.
You cannot accept weapons as collateral (even if the borrower has permission to store and carry them), state awards (medals and orders).
If the loan is not repaid, consider at least part of it to be compensated.
Borrower's financial condition
In order to see the full picture, we recommend that you be guided not only by the stories and beliefs of the borrower. Find out why he borrows money, whether he has other debts or loans. Don't take my word for it.
Go to the website of the Federal Bailiff Service and check whether the potential debtor has enforcement proceedings. To do this, it is enough to know your full name. and date of birth.
Also go to the website of the district court at the place of registration of the borrower and in the office work section, check by his last name and initials whether there are any decisions to collect funds from him. If he hid his debts from you, this should be a signal that it is better not to lend money!
If you want to make an enemy, lend a friend money.
Do I need to get it certified by a notary?
There is no need to certify the receipt. In fact, each creditor decides for himself what to do. The notary's signature makes the document more significant, and, as a rule, obliges the debtor to repay the money on time to a greater extent. But this solution also has a disadvantage: it takes time to certify the receipt. And notary services are not free.
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Collection of money by receipt in court
Let's look at some interesting cases from practice. Using their example, you will see what can become an obstacle to debt collection and what position the courts take.
Contents of the receipt
Alexander and Irina received from their friend Andrey a receipt with the following content: “I, Shaigin A.B., undertake to pay Kurkin A.V. and Kurkina I.V. 68,000 euros (40% of 170,000 euros) according to the following schedule: 1 -th payment: 5,000 euros on February 16, 20XX, and then according to an additional agreed schedule.”
5,000 euros were returned on time, and the payments ended there. Three years later, Alexander and Irina sent Alexander a demand to repay the remainder of the debt. Alexander did not answer, and the couple went to court. They demanded to recover from the defendant a debt in the amount of 3.1 million rubles at the exchange rate of the Central Bank of the Russian Federation as of August 31, 20XX and legal costs.
The defendant argued in court that he did not borrow any money, and the submitted receipt was related to the participation of the parties in a foreign legal entity. The court of first instance considered that one receipt cannot be regarded as a loan agreement and the claim cannot be satisfied.
The appeal concluded to the contrary that the receipt contained sufficient essential terms of the loan agreement and reversed the earlier decision.
The case reached the Supreme Court of the Russian Federation. The panel of judges for civil cases came to the conclusion that a literal interpretation of the contents of the receipt does not confirm the existence of a borrowing legal relationship between the parties to the case. All risks of incorrectly drafting a loan agreement lie with the lender, who must prove that the agreement was concluded. Partial fulfillment of a monetary obligation in itself does not allow determining its legal nature.
Transfer to a relative
In the next case, the defendant's former father-in-law filed a lawsuit. He demanded the return of 16 million on the loan and 11 million accrued interest. As evidence, the plaintiff presented a loan agreement and a receipt from the defendant stating that he received the entire amount by several wire transfers.
The defendant did not admit the claim and said that he was married to the daughter of the plaintiff’s wife. And the plaintiff transferred the money to him free of charge, as help to the young family.
Evidence confirming this argument is the purpose of the payment; in all transfers, “transfer to a relative” was indicated. The defendant also claimed that he did not remember the receipts and the agreement, and doubted that he signed them.
Therefore, a forensic examination was carried out. She testified that the documents were actually signed by the defendant. But despite this, the courts of two instances refused to satisfy the plaintiff’s demands. They took into account the long-term nature of family ties and the fact that the loan agreement obliged the borrower to indicate in writing the details for transferring payments, but these papers were not available. Therefore, they came to the conclusion that the money was transferred for other reasons and was not related to the contract, and the claim was rejected.
The Civil Collegium of the Supreme Court of the Russian Federation did not agree with such conclusions. “The wording “transfer to a relative” does not confirm that the money was given to help the family. It only indicates who the recipient is.” Family ties do not prevent one relative from lending money to another relative. The Supreme Court considered that the defendant did not prove that it was not a loan, but other obligations.
detailed instructions
A receipt, like a similar agreement, acts as an official document if it contains the necessary details. The document includes the following information.
Indicate the place of signing the act and time. For example, “Arkhangelsk city, 03/12/2019”. There is no need to provide an address.
Then the personal information of the lender and the recipient is provided. The parties decide jointly how detailed this information is. By law, it is enough to indicate your passport details, including your place of registration.
The paperwork often decides whether a paper is legal or not. For example, you can find out how to correctly write an application for a court order to collect wages by following the link.
If 1 or both parties to the agreement are legal entities, information about them should be more detailed:
- Full name of the director of the organization;
- position of creditor;
- the full and absolutely accurate name of the legal entity, coinciding with the one under which it is registered;
- INN and OGRN of the company.
If money is received from a creditor by a trusted person, the receipt indicates information about the representative:
- Full name, passport details;
- number and date of the power of attorney under which the representative acts;
- information about the borrower.
The next block provides data about the amount transferred. They indicate it in numbers and in words, specify in what currency it is issued.
It is necessary to accurately describe the conditions for repayment of the debt, for example, within 3 months from the date of transfer of the amount. In such cases, indicate a specific date. The basis for the loan is also given: receipt of rent, borrowing.
Expert opinion
Kostenko Tamara Pavlovna
Lawyer with 10 years of experience. Author of numerous articles, teacher of Law
If there are any additional conditions, they are also indicated. If a transaction is made to purchase a car or pay for treatment, this is reported in the receipt. Often, using a loan involves a certain fee. Then the document indicates that the debtor undertakes to return the borrowed amount with a fee for use in a certain amount.
If the debt is allowed to be repaid in parts, the document describes the procedure for repayment. In addition, it is useful to indicate the method and procedure for resolving disagreements.
Below is a finished sample of paper. You can download the template from this link to use the ready-made wording.
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