Borrowing money from a friend or, on the contrary, agreeing to help him out in difficult times, it should be remembered that most legal proceedings arise due to unfulfilled debt obligations. Therefore, make sure that your verbal agreement is written down on paper. This is important for confirming the fact of the transfer of money and securing the terms of the agreement. This document should become a guarantee of debt repayment.
Instructions
Step 1
First, decide on the written form of the agreement. You can proceed from the loan amount or the proximity of the borrower. Agree, you will not lend a small amount to a close relative, requiring the execution of a loan agreement with certification from a notary. In this case, a simplified form of the contract - a handwritten debt receipt will be quite sufficient. But the simplicity of this document should not mislead anyone. This document, drawn up in simple written form, without notarization, is accepted by the courts as evidence of the transaction. You can see a sample of an IOU by clicking on the link indicated at the end of the article.
Step 2
If the amount of the debt exceeds ten times the minimum wage, you will have to draw up a loan agreement in writing. In addition, it is best to entrust the execution of such an agreement to a notary. The loan agreement will be considered concluded from the moment the funds are transferred in accordance with Article 807 of the Civil Code of the Russian Federation. And it would be better to carry out the transfer process itself in the presence of a notary, who will certify the transaction. In this case, the contract will be drawn up in triplicate. The first of which will be transferred to the lender, the second to the borrower and the third will remain with the notary. You can see a sample loan agreement by going to the address indicated at the very end of the article.
Step 3
And yet, if you doubt that the debt will be repaid on time, and the amount is large enough, draw up a pledge agreement that protects the interests of the lender. Or sign a loan agreement with collateral. This is a powerful incentive for the debtor to return the entire amount as soon as possible. And such a document gives the lender reason not to worry about the return of the monetary debt, since he can always count on the alienation of the debtor's property in his favor. You can also study the form of the pledge agreement by following the link indicated at the end of the article.
