Trusting each other, citizens or legal entities often lend a decent amount of money to an acquaintance or friend, without formalizing their agreement in writing. Someone, using trust, does not repay the debt or postpones the transfer of money. And it so happens that one side tragically dies, and it is even more difficult to prove the transfer of money. How not to get screwed up and make a deal so that there is evidence? Mindfulness, caution and awareness become the key to your safety.
Instructions
Step 1
Make a written contract when you lend money. Be careful and carefully write down all the nuances. In addition to basic data on both parties, the amount of the loan, the repayment period and interest on the loan, the method of payment, write down force majeure just in case. Loan - an agreement, a type of relationship with obligations, when one party (the Lender) transfers to the ownership of the other party (the Borrower) monetary funds or goods that have generic characteristics (volume, number, measure), and after a fixed period the Lender undertakes to return an equal amount of money or equivalent goods. Article 808 of the Civil Code of the Russian Federation states that a loan agreement must be concluded between citizens in writing when the loan amount is more than ten times the minimum wage. If both parties are legal entities, then regardless of the amount, the transaction is recorded in writing.
Although not required by law, the contract can be certified by a notary. So you can additionally reinsure yourself. A verbal loan agreement between individuals, sufficient for going to court, is possible only if the amount of the transferred money is less than 10 minimum wages.
Step 2
Take the receipt from the person when you give him the money. The loan agreement will be recognized as concluded and will enter into force only when there is a fact of transfer of funds. And if the transfer of money is not recorded anywhere, then the contract will be recognized by the court as not concluded (Article 812 of the Civil Code of the Russian Federation). You can challenge such an agreement for lack of money. For evidence of the transfer of money, a receipt is more significant than an agreement. In the paper, indicate the amount of the loan, the repayment period, passport details of both parties. Determine the interest for the use of this amount of money and indicate the period for the return of interest. The receipt must contain the handwritten signatures of both parties and the date when the money was transferred. When drawing up the document, use the phrases “really received funds”, “transferred funds”. The words "I undertake to return", "I undertake to transfer" cannot prove the fact of what happened.
Step 3
When returning a debt, in order to prove the transfer of money, record this action in writing. In court, only written evidence can serve as confirmation of the refund. Oral evidence, as well as testimony from witnesses about the repayment of the debt, is not enough. Now the lender writes a receipt for receiving the money and puts his signature. In this case, draw up a receipt in duplicate. The borrower keeps one copy for himself as proof that he has returned the funds. In the case of the return of the entire amount in full, it is allowed to simply destroy the first receipt, in which the transfer of money to the borrower was recorded.
Step 4
In addition to the receipt, you can confirm the existence of the loan agreement with any document that fixes the transfer of funds. This can be an act of receipt and transfer of money, a receipt, a cash receipt or another document.
