When lending money to close people, most Russians limit themselves to a verbal agreement on the return. However, if we are talking about a large amount, the loan should be issued according to the “letter of the law”. A well-written receipt for a private debt will protect both the creditor and the debtor.
It is necessary
passports of the lender, borrower
Instructions
Step 1
Discuss with the borrower all the conditions for lending money in as much detail as possible. Even if your best friend or relative asks for help, do not hesitate to discuss the details. Explain to the person that the IOU is not a manifestation of your distrust, but the legal norm of civilized relations.
Step 2
By the way, acting as a borrower, you can also initiate the preparation of a written document. Unfortunately, fraudsters among creditors meet a little less often dishonest debtors. In disputable situations, the IOU will become an official confirmation of the obligations of both parties.
Step 3
Draw up a draft receipt. You can write in free form, there are no strict requirements for its design. The main condition is the most accurate statement of the terms of the loan.
Step 4
Provide detailed information about the borrower and lender: last name, first name, patronymic (without abbreviations), date and place of birth, registration address and actual residence, passport data. This information will allow, if necessary, to quickly identify a person and prove that he is the lender or debtor.
Step 5
Then formulate the purpose of the loan. This point is very important. A receipt that does not indicate the reason for receiving the money will not be the basis for claiming the debt through the court. For example, the phrase “I received 5000 rubles from Anna Sidorova on May 21, 2012” does not reflect the need for a refund. An unscrupulous borrower can say that this amount was transferred to him as payment for some services or donated, and the receipt only reflects the fact that the bills were transferred from hand to hand. Therefore, it is better to use the following wording: "I, …, received from Anna Sidorovna Sidorova, …, 5000 (five thousand) rubles on May 21, 2012 as a loan."
Step 6
Pay attention to the correct spelling of the amount of the debt and the currency in which it is provided and must be returned. The amount of borrowed funds must be indicated in full in numbers and in words, for example "5000 (five thousand) rubles". If money is transferred in foreign banknotes, it is important to give their exact name, for example "5000 (five thousand) US dollars".
Step 7
List the conditions for repaying the debt. You can set a certain percentage for the use of money, which the debtor is obliged to pay along with the principal amount. If the loan is interest-free, this must also be reflected in the receipt. Also indicate the expected time of the final settlement of the loan and the liability of the debtor in case of delay in payment. Include in the receipt, for example, the following phrase: “I undertake to pay interest for the use of borrowed funds at the rate of 10% (ten percent) per year. I undertake to return the full amount (principal and interest) no later … In case of delay in repayment of borrowed funds, I guarantee payment of a penalty in the amount of 0.1% (zero point one tenth of a percent) per day of the amount received."
Step 8
Reread the draft IOU. The borrower must then rewrite and sign it with his own hand. Do not print your document on your computer. If a conflict situation arises, the court will require a graphological examination to determine the authenticity of the debtor's signature.
Step 9
Sign the IOU, two witnesses are a good option. They can be colleagues, neighbors, relatives and other people who have no personal interest in this loan. Witnesses must enter their passport data (surname, first name, patronymic, date of birth, series, number, date of issue of the passport), date of transfer and sign after the main text and signatures of the debtor and creditor in the document. It is not required by law to certify an IOU by a notary, but if you wish, you can.
