Quite often it happens that people, instead of going to the bank for a loan, borrow money from friends or acquaintances. In this situation, very often everything is based on trust. As a result, written contracts and receipts are not drawn up, which some people use, delaying the return of the loan or not returning it at all. To avoid such unpleasant situations, you need to know the basic rules that will help you prove the fact of transferring money.
It is necessary
- - written contract;
- - receipt.
Instructions
Step 1
Make a written agreement if you intend to lend funds. Indicate the main provisions, conditions for transferring money, loan amount, repayment terms, interest, methods of refund. Consider force majeure circumstances just in case. The need to conclude a written agreement is spelled out in Article 808 of the Civil Code of the Russian Federation. It notes that a transaction for more than ten minimum wages between individuals and for any amount with the participation of a legal entity must be recorded in writing without fail. If the loan amount is less than 10 minimum wages, then a verbal agreement between the parties is allowed.
Step 2
Register the fact of transferring money by writing a corresponding receipt. It must indicate the passport details of both parties to the agreement, the amount transferred, the return period and interest. It should be noted that according to Article 812 of the Civil Code of the Russian Federation, if a written agreement was concluded between the parties, but a receipt was not written, then such an agreement is considered invalid. When drafting the document, use the phrases “transferred the funds in the amount” and “actually received the funds in the amount”.
Step 3
Write each time a receipt for the fact of transferring money that serves to repay the debt. It is not worth prescribing a refund on the main receipt, since in some cases this is not a proof of a refund. Oral testimony will also not help to prove the fact of the loan repayment in court.
Step 4
Draw up receipts and contracts in duplicate. The fact of the transfer of money can also be recorded using an act of receipt and transfer of money, a cash receipt, receipt or other relevant document. When repaying the full amount of the loan, it is allowed to simply destroy all receipts in order to avoid one of the parties going to court for the purpose of deception.
