From time to time we are all faced with the problem of debt. Someone borrows money from relatives and friends in order to save on interest, and someone lends money to help out a loved one. Correct execution of this transaction allows you to avoid misunderstandings when returning money.
It is necessary
Notary, sheet of paper, income statements, passport details
Instructions
Step 1
Registration of the main document If you are going to borrow an N-th amount of money for a person, and want to avoid misunderstandings and deception in the future, try to draw up at least a minimum package of documents. Issue a receipt - the main debt document. It is this document that is considered by the court in case of disagreement. The receipt should indicate the amount of the debt, the maximum repayment terms, both the debt itself and the interest assigned for the use of the amount received. In addition, you can prescribe potential penalties. The receipt must contain a clearly spelled out phrase about the receipt by the debtor of the entire amount. In addition, you should indicate the date of transfer of money. Pay special attention to signatures. All parties to the transaction must sign the receipt. Each signature must be accompanied by a decryption. In some cases, it is desirable to indicate the passport data. In principle, the receipt can only have the signatures of the creditor and the debtor, but in some cases it is desirable to certify the signature of witnesses. If you want to protect yourself from unpleasant nuances, draw up and certify the transaction in the presence of a notary. The signature of the notary public guarantees the authenticity of the debt document. In case of litigation, a notarized receipt does not require expert examinations of the authenticity of signatures and other checks.
Step 2
Making a collateral If the amount of debt is impressive enough, it makes sense to lend money against collateral. In this case, it is necessary to draw up an additional pledge agreement, which is also notarized. If a car acts as a pledge, the pledge agreement is registered with the State Traffic Safety Inspectorate. If housing is issued on bail, the contract is registered with the BRTI. This will avoid a “quiet” sale of the collateralized property. In the pledge agreement, it is advisable to indicate the possibility of early termination of the agreement if the debtor finds himself in a situation where it becomes impossible to repay the debt. For example, loss of the main source of income, criminal liability, and so on.
Step 3
Preparation of additional documents Before lending money to a friend, try to clarify the state of financial affairs of a potential debtor. As a document certifying his financial solvency, you can use a certificate of income from the place of work.
