"To give in debt - to lose friendship." This saying, unfortunately, has real grounds. But if you do decide to lend money to a relative or friend, do not hesitate to protect yourself from financial losses in advance. To return the amount, and even with interest, when concluding a loan agreement, it is necessary to provide for several essential points.
It is necessary
- - IOU;
- - loan agreement.
Instructions
Step 1
When lending money with the condition of accruing interest for the use of the loan, make sure that such a transaction is confirmed by an appropriate document. This may be a simple IOU, but a loan agreement will be a much more reliable incentive for the borrower to repay the debt.
Step 2
Keep in mind that the monetary obligation under the terms of the current legislation must be expressed in rubles. If you transfer an amount in a foreign currency to a borrower, indicate in the agreement that the loan is provided in an amount equivalent to a certain amount in conventional monetary units or a specific currency. When calculating, you will need to be guided by the current exchange rate on the day the debt or interest is repaid.
Step 3
If you prefer to confine yourself to a receipt, it is preferable that the text is handwritten by the borrower. Indicate in the document the current date, the place where the receipt was issued, the full passport details of the borrower and lender, the loan amount and the amount of payment for the use of funds (interest). Be sure to write down the period for the return of the amount and interest.
Step 4
Draw up the loan agreement in a simple written form. You will need two copies for each side. The conclusion of such an agreement is mandatory if the amount borrowed is at least ten times the statutory minimum wage.
Step 5
Include money back guarantees in the loan agreement; it can be a collateral or a surety of third parties. Indicate, if necessary, penalties for each day the loan is delayed. These additional conditions create an additional incentive for the borrower to strictly adhere to the contract.
Step 6
If the debtor does not repay the debt within the specified period, demand additional payment of interest accrued for violation of the term for repayment of funds. The amount of interest will be determined by the effective refinancing rate established on the date of maturity of the obligation.
Step 7
In case of a clear violation by the debtor of the order and timing of the execution of the loan agreement, contact the judicial authorities. Keep in mind that the limitation period for claims of this kind is three years and is calculated from the date of repayment of the loan amount specified in the receipt or agreement.
Step 8
At the same time as filing a claim for debt collection, prepare a motion to seize the debtor's property, which will prevent the defendant from selling the property or hiding it until the court's decision.
Step 9
If the court makes a decision in your favor, get a writ of execution and hand it over to the bailiff service for a forced return of the debt. The bailiff will seize the debtor's property and ensure its implementation, after which the amount necessary to fully repay the obligation will be transferred to you (the lender).
