How much can you lend? Lawyer's advice: How to lend money and not go broke

Oleg Taran

Founder of Startup Workshop, serial entrepreneur.

Episodes from life

Hello! My name is Oleg, and I lent money.

15 years ago

My relative owes me money. Much money. For many years. I remember, as now, the birth of his second daughter. Happiness. Trouble. As if it goes without saying - borrow money. Then more. Then a convincing story about the theft of a purse with company money: “Give it, otherwise it will be bad for me.” Then loans and the inability to pay even interest: “Please, save me from credit bondage, and I will pay you back.” After. Some day. May be.

2 years ago

“Friend, I have problems. The bailiffs seized everything there was. Complete blocking of life. This is a dead end. I contacted him everywhere I could. Nothing. This is the edge, brother. Help me out. You are a Christian, it is your sacred duty to help each other. Of course I will. There can be no return. You know me, my word is law.”

"Yes Yes i remember. I said I'll give it to you. Yes, I’ll give it back, I’ll give it back, only later.”

“I’m ashamed, but I risked your money and went broke. I do not know what to do. Everything is even worse than it was. But my word is the law, I told you, I repeat: the law.”

“I don’t know when I’ll give it back... Maybe you’ll give me more?”

1 year ago

"Hey hello! I'm going through an important period in my life. There was a chance. I saw a niche. I made an agreement with the landlord. Suppliers are already waiting for payment. Literally several hundred thousand are missing. Give. I'll give it back in four months. Name any percentage - this is a guarantee that I will not delay. I'm on business. At least take everything as collateral. Thank you, I helped out!”

“You know something went wrong. I can't deliver on time. Come on later."

“I was out of range.”

“It annoys me when you call...”

Why does this happen

It's easy to take money. How to go to a coffee shop. People borrow money, and 90% of them don’t know how they will pay it back, and the remaining 10% think they know. What's on their mind? What are they guided by, what principles and what morality do they live by? From this moment they begin to have problems and a new “interesting” life.

It's hard to give money. It's harder than refusing. Because you know what awaits the person, and most likely you will lose him. You will lose a partner, a friend, a relative. Before your eyes it will turn into zero. Tension in relationships awaits you. Lie. The hard truth. But knowing this, we still lend.

Why are we doing this? Maybe because we understand the value of a chance? A chance to earn money, make a difference or change. By giving a person a chance, we give ourselves a chance to become better.

And if so, then we have given, are giving and will continue to give chances. Then the question is how to do it correctly, so that later it will not be excruciatingly painful.

How to lend money and get it back

Do everything possible so that the debtor gives you a receipt in which he personally wrote his passport data, the amount and terms of the debt, and the repayment period. A receipt is always appropriate for small amounts of debt, say, up to 100 thousand rubles.

If you have lent more than 100 thousand rubles, the only thing better than a receipt is a loan agreement. And it’s good if it provides for the pledge of valuables or property, such as a car. In case of non-repayment, the debtor will be obliged to enter into a car purchase and sale agreement with you for the amount of the debt.

What to do if the debt is not repaid

1. Submit a claim

If the debtor wrote a receipt or entered into a loan agreement, but did not return the money, first of all, be sure to write and mail him a claim demanding repayment of the debt. In your claim, warn him about the prospect of litigation, compensation for state fees and legal expenses, indexation of debt and payment of interest at the refinancing rate for the entire period of delay. Now the debtor has 30 days to make payments, during which the probability of repayment increases to 50%.

2. Write an application for a court order

If the previous method did not help, after 30 days feel free to write an application for a court order. Then the bailiffs will act in your interests. The probability of return increases to 75%.

3. File a claim

If this does not help, long live our court, the most humane court in the world! In this case, the probability of return increases to 99%. But it is worth remembering: if the debtor has no sources of income and property, the story may end in nothing or last for an indefinite period.

4. Leave the debt to professionals

Under the agreement of assignment of rights of claim, your debtor will become their debtor, and you will receive your money minus remuneration.

Well, perhaps the last two options, if there is no receipt or loan agreement.

5. Make the debtor sincerely want to give the money

It's complicated. It won't work for everyone and it won't work for everyone. The task is to convey to the mind of the debtor that with an irrevocable debt there will be no luck, luck, and, therefore, success. To turn fortune around, you need to free yourself from debt. With this understanding of the situation, the debtor changes his thinking and makes extra efforts to free himself from clinical problems.

6. Sorry

This is very important for the person who gave the money. Forgiveness means a new stage in the life of the giver. The thread with the debtor, which is psychologically difficult, is broken. She constantly reminds you of your debt, of a person who has ceased to exist for you. It is exhausting and does not allow you to live in peace. When you cut it off, you cut off all the negativity, erase the whole story with an eraser. You have a clean slate again, and you can apply new bright colors to it.

Signs and customs for any nation are a whole cultural heritage, the accumulated experience of many generations. Today, signs are not given much importance, and many people don’t even think about what chain of events is behind this or that custom. Signs and signs appeared in ancient times, when a person had to grasp connections between individual phenomena in order to survive. After all, how else would people know that the harbinger of rain is a swallow flying low over the water, and a cat diligently hiding its nose is a sign of approaching frost. People looked closely at natural phenomena, animals, and found applications for signs in everyday life and relationships. Money was no exception.

To believe or not to believe?

Today, not everyone follows signs concerning material wealth, considering them pure superstitions. Or they follow signs mechanically, acting out of habit. Meanwhile, signs and customs are the results of observations and conclusions of our ancestors about the world around us. People have been following many omens for hundreds of years, which means they can make our existence easier and more pleasant. Moreover, signs associated with money are aimed only at ways to exaggerate them.

Not a single housewife in Rus' could imagine how to properly lend money without observing the rules. To believe money signs or not to believe them today is a personal matter for each person. However, knowing some of them is not at all harmful, especially since, according to Einstein, information imprinted in the brain can materialize and bring good luck even to those who do not believe in it.

The most important signs and customs regarding material wealth are associated with debts. After all, in order to increase your wealth or not lose it, you need to learn to behave courteously with money and not throw it away. Otherwise, they will not stay with the person for long, his fortune will be dispersed among debtors or squandered on trifles. Then what is the correct way to lend money? Signs associated with debts and their repayment have accumulated over centuries.

Rules for saving money

Let's look at the most popular money signs. Even modern grandmothers do not know how to give and borrow money correctly without observing these customs and omens. These traditions have been followed for several hundred years, and may continue to be followed by many future generations.

  • With the right hand they lend money, with the left they take it.
  • When lending money, it is better not to put it on the table.
  • Money borrowed on Sunday will not be returned.
  • If you lend on Monday, the returned money will be squandered on trifles.
  • How to lend money on Tuesday? The best thing is not to give at all. If you lend on Tuesday, you can spend your whole life in debt.
  • When accepting a debt, you need to squeeze the fig in your pocket or behind your back with your left hand.
  • It is better not to lend or borrow from hand to hand; the money should be placed on the floor.
  • You cannot borrow money on the 13th or 31st of any month.
  • How to lend money in large denominations? When borrowing a banknote, you should warn the debtor to repay the debt in bills of the same denomination, not smaller ones.
  • People don't borrow money at Christmas or Easter.
  • If a beggar asks for money, then you must give it to him, and you must say: “Pray to Christ, he will give you more.”
  • A beggar cannot be given paper bills; he is supposed to give only small coins, so as not to become rich only with small change.

What to do in the evening with debts

One of the most common money signs is to avoid any manipulations with money in the evening. But hopeless situations often occur that confuse particularly superstitious people who find it difficult not to follow customs. For such cases, there are also rules. How to lend money in the evening?

It’s very simple, the main thing is not to pass them from hand to hand. It's better to put it on the floor or cabinet. But not on the dinner table! Although, if you delve deeper into the study of folk customs, it was not customary to lend money not just in the evening, but precisely at sunset. It was believed that this would lead to a decrease in prosperity and impoverishment. For the same reasons, it was not recommended to give salt or bread in the evening.

When wondering how to borrow money correctly, it is important to remember the main rule - to give with a pure heart. It is better to wish the person good luck and hope that this money will benefit him or help him. Otherwise, negative emotions will return to the borrower a hundredfold, and the money will be wasted, or even not returned at all.

How to lend money correctly from an astrological point of view

It turns out that cash flows are subject not only to the magic of omens, but also to astrology. This science also assumes that material goods have strong energy, so astrologers have developed some algorithms, following which will allow you not to lose your well-being.

First of all, in order to know when and how to lend money correctly, you need to choose the appropriate days. According to astrology, certain phases of the moon affect the movement of energy financial flows. The days of the waning moon are not suitable for borrowing money - there is a high risk of being left without repayment.

Astrologers do not recommend borrowing money during the waxing Moon. As the star grows, so will the debts. As for the days of the week, Monday and Tuesday are the least suitable for borrowing money. The remaining days are considered neutral and do not in any way affect the repayment of debts or their accumulation.

To give or not to give?

A popular saying goes: “To give a debt is to lose a friendship.” Most often, money is lent to fairly close people, to those who know each other well. These could be relatives, friends, colleagues. But the debt is not always returned. The reason for this is unforeseen circumstances. Financial difficulties due to dismissal from work or serious illness may delay loan repayment. Sometimes money is borrowed for too long and people simply forget about it. Often, it becomes difficult for those who must return the money to part with it, because they are borrowing someone else’s property, but have to give back their own.

This is why some financial advisors advise borrowing exactly the amount you don’t mind parting with. You can mentally determine in advance the threshold that you wouldn’t mind giving to this particular person asking for it. Only then, in the event of unpleasant circumstances, will it be easier to part with this amount and not be too seriously upset. And to those who have not repaid the debt, one can quite sincerely wish good luck and material success. And do not make such transactions with this person again.

It is better to lend without a receipt only to those people to whom you can give the money irrevocably and not remember them with an unkind word after that. Otherwise, you should not be lazy and do everything according to the rules. This rule is becoming a new sign: when borrowing money, you should take a receipt.

Receipt

How to lend money against a receipt? A receipt is a document confirming the receipt of funds by those to whom they lend money. The receipt has the same force as a debt loan agreement and can serve as a supporting document in court if things take a serious turn.

So very often, when borrowing money, both parties do not draw up a full-fledged agreement, but are limited to a receipt. This is a one-sided document in which the borrower confirms the receipt of funds. There are no clear rules regarding the content of the receipt and the rules for its execution. However, there are still points that should be adhered to in order to avoid unpleasant situations.

How to do everything right

The first thing to consider is the way the receipt is written. It is written only by the one who takes the money, and always with his own hand. Computer or typewritten text is not allowed, because if the case goes to court, it will be necessary to establish the authorship of the document. It is not always possible to determine from one signature that the receipt was written by the debtor.

Data in the receipt

So, the borrower writes a text in his own hand, which must necessarily contain the following points:

  1. Personal data of both parties, including full name, registration and residence addresses, passport details.
  2. Date and place of transfer of funds.
  3. The full loan amount in numbers and words. This is a mandatory condition, since there is always a risk for the borrower when extra zeros are added to his receipt. Sometimes amounts are indicated in foreign currency equivalents.
  4. If the loan is issued with interest, then it is necessary to accurately describe the procedure for calculating interest and the conditions for their payment.
  5. Debt repayment period.
  6. Conditions for calculating fines for failure to repay on time (at the request of the one who gives the loan).
  7. The receipt is signed by the borrower, followed by a full transcript.

It will be useful to involve witnesses in drawing up the receipt. They may also indicate their presence by signing at the end of the document. Their testimony will be useful in legal proceedings if necessary.

How to lend money correctly: conclusion

Still, you need to try to avoid situations in which you have to lend. Money does not favor the owners, who hand it out left and right; they may get offended and leave for someone else. It is quite difficult to answer the question of how to properly lend money, because situations vary. Therefore, it is better to borrow from those closest to you and in truly necessary cases, or to draw up a promissory note.

An even better option is not to keep large sums of money at home. They have no place under a pillow or in a closet; they should not lie like a dead weight. Today there are many investment instruments that can increase your investment. Make money work, and it will definitely help its thrifty and enterprising owner.

This article will help you become more knowledgeable about borrowing and tell you how to properly lend money and get it back without harming yourself. Each of us has at least once encountered the problem of how to competently borrow our own funds. And at the same time, you won’t ruin your relationship with the debtor and won’t lose your finances. That is why this information will be useful for absolutely everyone.

In general, you can lend money in the following ways:

1. Based on verbal promises and agreements(the method is risky, but nevertheless widespread). This is usually the way to lend money to loved ones, acquaintances, friends and relatives - those who are afraid of offending or those from whom it may be inconvenient to demand a written guarantee of return.

2. Based on receipt(the best option if the amount is not very large). This method is more common among people who are either cautious, or have learned from bitter experience, or are more or less competent in legal matters (for example, businessmen).

3. Based on the loan agreement(the option is a little labor-intensive and expensive, and not all debtors can agree to it, but it is reliable). In practice, such an agreement is concluded if a large sum of money is involved or the borrower is not particularly sure of who he is lending to, or does not know him at all.

Let us now consider these options in more detail.

Option one - on trust

The first option is no good in terms of reliability. He will not give you any guarantees, except for the feeling that you are acting nobly and trust the person completely. But after you have issued funds and have not asked for any papers in return, you can theoretically assume that they may not be returned to you. In general, the lottery - you'll be lucky or unlucky. And it would be completely unreasonable to negotiate interest rates in this situation; it would be nice if you could get the entire amount back.

The second method is the “golden mean”

You do not need to draw up a whole contract, think through its clauses and coordinate it all with the other party. The receipt is written not on a special form, but on a regular piece of paper, and usually includes the following items:

  • FULL NAME. completely on both sides, data from the passport, incl. and registration, as well as place of residence, if it differs from the place of registration;
  • the date on which the money was transferred;
  • amount and other financial aspects in the form of penalties (fines, fines, etc.) for non-repayment of funds, and interest (you can make interest payments every month until the person returns the total amount in full or put them as a one-time payment that is returned at the end of the term). An important point is that the borrower determines all fines, interest, etc., whether they are needed at all, and if so, in what amount;
  • the period for which money is borrowed and after which you can take it back. Or you can make the document unlimited, but, for example, the money on it will have to be returned upon request, or within 10 days from the date of such request. Here everything is again at the request of the owner of the money;
  • signatures of the parties, and preferably also the signatures of witnesses, who, in the event of failure to pay the debt on time, will become witnesses in the legal process for debt recovery. Important! It is better that the witnesses be uninterested persons, that is, not friends or relatives of either party. Then it will be difficult to accuse them of being biased towards the other side.

And one more small nuance - both the lender and the lending party can write a receipt. But it is better for the debtor to write it in his own hand - this way there will be less chance that he will then refuse and begin to claim forgery of signatures. Examples of receipts can be viewed on any legal online forum.

Method number three. Loan agreement.

Suitable if:

  • you borrow a large amount (if the amount is more than 1 thousand rubles, the agreement will necessarily be in writing);
  • you want to spell out in detail what, how, where and in what parts will be repaid, what interest for the use of money will be calculated and according to what scheme, what measures will be taken if the debt is not repaid on time or not at all;
  • you want to give a loan on collateral or on the basis of a guarantee from third parties (all this must be stated in the text of the agreement).

At the same time, you need to know that if the amount borrowed is more than 5 thousand rubles, then the agreement will in any case be concluded at interest; if it is less, then as the parties agree.

Is it necessary to notarize the loan agreement? It remains at your discretion, you just need to understand that such a service is not free and therefore it would be a good idea in this case to immediately think about who will pay for it. In terms of the reliability of the guarantees, of course, this option will be the clear leader, since it will act as “iron” evidence in court if it comes to that.

By the way, about the trial

A receipt will also serve as proof that money was borrowed. But there may be options here - suddenly the debtor declares that his signature is falsified or that the date has been corrected. Therefore, it is also desirable to have witnesses who will confirm the very fact of the transfer of money. And please note - the permissible period for filing a claim in court in such cases is only 3 years from the moment your cash was supposed to be returned to you and was not returned. It's better to keep an eye on this too.

As a result, I would like to wish you to get into as little trouble as possible related to loans, lend only to trusted people and always think first of all about your own safety.

How to lend money at interest? How can a moneylender repay a debt on a receipt? When should you not lend money?

If you have free money, sooner or later the thought of investing it will come to your mind. Or earlier your beloved uncle Ivan Petrovich will visit you and ask for a loan. What to do in this case?

I, Alla Prosyukova, a practitioner in the field of finance and banking, in this article will tell you, how to lend money against receipt.

Despite the apparent simplicity of this process, there are many important nuances and subtleties. Read the article, it will allow you to avoid annoying mistakes, save your money and nerves.

1. Borrowing money against receipt - additional income and help for a borrower with a bad credit history

Everyone, at least once in their life, has lent or lent someone a certain amount of money. More often such relationships develop with friends, good acquaintances or relatives.

But it happens when the transfer of money occurs between strangers. If the amount is large, you definitely need to draw up a loan agreement or get a receipt. Sometimes they issue or require other security, for example, a guarantee.

The lender plans to receive additional income from the transaction in the form of interest for using his money. The amount of the fee is negotiable and is limited only by the wishes and capabilities of the participants.

Such a deal is beneficial to both parties. For one it is profitable investment, for the other - receiving money without certificates and bureaucratic red tape.

A private owner has the right to give money even borrowers with bad credit history, for whom this method of obtaining funds is sometimes the only possible one. This service is also in demand among those who are not officially employed.

This method of investing is quite risky. But the interest rate at which the loan is issued is much higher than in a bank.

Want a money back guarantee? Issue secured loans. The type of loan “” is gaining popularity. When providing secured loans, do not forget to additionally draw up a collateral agreement.

2. How to properly lend money against a receipt - step-by-step instructions for a moneylender

It would seem that it couldn’t be simpler: you have free money that potential borrowers who seem quite trustworthy at first glance want to borrow.

However, in order for your investment to be productive and the risks to be minimal, you should familiarize yourself with the procedure for making it in advance. I offer you help step by step instructions.

Step 1. We advertise

You can place an advertisement about your intention to lend money against a receipt on various platforms.

Main locations:

  • section “I will lend money” in free newspapers;
  • specialized Internet portals;
  • online credit message boards.

You can find borrowers yourself through the same newspapers and online resources in the “I’ll borrow money” sections.

We shouldn’t discount word of mouth either, because we are used to trusting the recommendations of friends, relatives and acquaintances.

Step 2. We announce the terms of the loan and find a borrower

Be sure to include general lending terms and conditions in your ad.

Remember! A potential borrower wants to immediately know the main points of the proposed cooperation.

Loan terms that must be included in the advertisement:

  • credit limit;
  • loan terms;
  • necessary documents for the borrower.

As a rule, a specific interest rate for using a loan is not indicated in such advertisements. If there is a mention of this, then it is of a general nature: “by agreement”, “low interest”, etc.

Having written down the terms briefly but clearly and placed the offer, expect calls from those who want to borrow money against a receipt.

Before making a final decision on cooperation, check your future partner for reliability.

  1. kad.arbitr.ru- participation in arbitration courts.
  2. fssprus.ru- existence of enforcement proceedings.
  3. services.guvm.mvd.RF- checking a citizen’s passport for authenticity.

Requests are free!

Step 3. We make calculations for the loan and provide an agreement

All organizational issues have been resolved. It's time to calculate the loan and draw up an agreement.

It is convenient to use special calculators for calculations, of which there are now plenty on the Internet.

Step 4. Make a receipt

A receipt is an annex to the agreement, replacing the act of acceptance and transfer of money and confirming the fact of its receipt by the borrower.

drawn up in simple written form. It is not prohibited by law to print it on a computer, but it would be more correct when it is written by the borrower's hand. If necessary, such a document can easily pass a graphological examination.

Often, the person giving the loan types the text on a computer or writes a receipt in his own hand. The taker only puts a signature at the bottom, confirming agreement with the terms of the loan and receipt of money. In this case, the risks for the lender increase.

Example

Mikhail decided to earn extra money by lending money against a receipt. It was inconvenient for him to look for a client among friends and relatives, so the young man decided to place an advertisement “I will lend money.”

Someone willing to get a loan was quickly found. Mikhail made a receipt on the computer. The borrower only endorsed it.

When the time came for settlement, the borrower did not acknowledge the existence of the debt and refused to sign the receipt. Mikhail filed a lawsuit.

The court, having considered the case on its merits, at the request of the plaintiff and at his expense, ordered a graphological examination. However, its result did not give a clear answer as to whether the signature belonged to the defendant.

Why did the examination receive such a result? It's simple!

The borrower, signing the receipt, being right-handed, put his signature (an incomprehensible squiggle) with his left hand, using a gel pen.

Since the receipt contained only an indefinite squiggle signature, which had already faded, and was also made with the left hand (no one except the signer knew about this), under conditions different from the original ones, the experts were unable to give an unambiguous conclusion about the signature’s origin. receipt to the defendant.

Based on the conclusion received, the court rejected Mikhail’s claim.

It’s great if the information contained in the receipt is confirmed by 2 witnesses. Their full name, passport details and personal signatures with transcripts must be written down on this important paper.

According to such a document, the debtor will not be able to refuse his signature, which means that additional examination will not be required, which will save your money, time and nerves.

When drawing up receipts, you should take into account a number of other requirements.

Key points to be reflected on:

  • date and place of compilation;
  • Full name of the person giving and receiving the money;
  • their addresses and passport details;
  • loan amount (in numbers and words);
  • debt repayment date;
  • method of extinguishing (in parts or at a time);
  • % for the use of borrowed money;
  • sanctions for delay.

To speed up the process, you can use our ready-made template “”.

Step 5. We provide funds and wait for the debt to be repaid

Having documented everything, we proceed directly to the transfer of funds. I remind you once again: it is safer to lend money against a receipt in front of witnesses.

That's basically it. Now all that remains is to wait for the loaned amount and interest to be returned.

3. How to repay a debt on a receipt - the procedure for the lender

In Russia 61% of the working-age population have one or more loans.

In such a situation, it is easy to run into an unscrupulous borrower. To protect yourself and get your money back, I recommend following several sequential steps.

Action 1. Specify the reason for non-return

Day "X" has arrived. Today the borrower must repay the debt and interest, which are provided for by the terms of the loan. However, you never received either the money or the debtor.

Don’t panic, take the initiative into your own hands: call the debtor, come in person (of course, if you are in the same city or nearby towns). Try to get in touch with him in every possible way.

You have finally managed to contact the borrower. Find out the reason for non-return. Specify the expected terms of full payment of the loan. You may be able to resolve the problem peacefully.

Action 2. We warn the debtor about the intention to go to court

The debtor “feeds breakfast”? Doesn't answer calls? Avoids meetings at all costs? There is only one way out: write a letter to him, clearly voice your intention to go to court.

In your claim against the debtor, specify all the nuances of the situation

In the message, indicate the amount of debt and interest due. It is worth drawing the debtor's attention to the sanctions for late repayment.

Action 3. Make a copy of the receipt and file a claim in court

Requests and persuasion did not have the desired impact on the violating borrower. This means that there is only one effective, legal way to solve the problem - prepare and file a lawsuit.

If you are not a legal professional, I recommend seek help from lawyers, specializing in this area. After all, the success of the entire event largely depends on how well the document is drawn up.

If you decide to tackle this issue yourself, then carefully study all the intricacies of filing a claim. If necessary, you can use our sample “” as a basis.

Action 4. We wait for the court hearing and get our money

The lawsuit has been filed. All you have to do is be patient and wait for the court's decision.

If the outcome of the case is positive, you will receive a writ of execution, which must be forwarded to the bailiffs. This can be done by registered mail, but It is better to personally hand over the document to the executor.

It would seem that the job is done, we are waiting for payments! However “The tale is told quickly, but the deed is not done soon”.

Often, bailiffs do not take any action to collect the debt. They usually explain this by heavy workload, lack of information about the actual location of the debtor, his place of employment, etc.

Don't be fooled by these explanations! Write a complaint to the head of the Bailiffs Department, where the writ of execution is located.

Did not help? Submit an application to the prosecutor. Remember: “the rescue of drowning people is the work of the drowning people themselves”!

4. 5 common mistakes when drawing up a promissory note

When you decide to lend money against a receipt, be careful, there are no trifles in this matter.

Before you place an ad “I will lend money,” analyze the most common mistakes that I have collected for you in this mini-selection.

Error 1. Insufficient information about the debtor is provided

Often, the debtor, when drawing up a receipt, requires the borrower to specify in detail the personal data of the lender, the amount and terms of the debt agreement. In this case, only the last name, first name and patronymic are known about the recipient of the funds.

Lack of information about the debtor complicates court proceedings if the borrower does not repay the debt on time.

Error 2. Wrong form of document writing

A simple written form is optimal for an IOU.. In the age of high technology and complete automation of processes, text is increasingly printed on a computer.

If the debtor refuses his obligations, executed by computer, it will be difficult to prove his involvement.

Error 3. The amount of debt is written only in numbers

In all monetary documents, amounts must be indicated in numbers and in words. This is due to the fact that digital values ​​are very easy to fake.

Let’s say the receipt contains the amount in numbers 100,000 rubles. With a light stroke of the pen, for example, the number 4 is added before the unit. And now the amount of debt has become narrower 4,100,000 rubles.

Fraud can only be proven with the help of a special, expensive examination.

Error 4. The purpose for which the funds were taken was not specified

Some receipts must contain the purpose of the loan. This is important if the loan is targeted. According to the terms of such an agreement, money can only be spent on specified purposes.

In other cases, this information does not play a big role.

Error 5. Missing debt repayment date

Debt repayment date- one of the most important points when lending money against a receipt. In its absence, the document becomes unlimited.

In this case, the lender runs the risk of not getting his money at all, and legally.

5. FAQ - answers to frequently asked questions

To conclude the topic, I offer answers to frequently asked questions.

1) How long is a debt receipt valid?

A receipt confirming the fact of loaning money, operates within the time limits specified in the document itself.

If the repayment period is not specified in the debt security, or is set “on demand”, then according to the law of the Russian Federation (Article 810 of the Civil Code of the Russian Federation) The borrower must return the money in full within 30 days from the moment of demand by the lender.

2) Can the statute of limitations change?

The limitation period for a debt receipt is interrupted at the moment the borrower performs an action indicating recognition of the debt. Then, it starts counting again.

Example

Anna Smirnova lent 300 thousand rubles. Alexey Nosov for 6 months. However, the young man was in no hurry to pay. More than 3 years have passed since the money was received.

Anna threatened Alexei with legal action. Nosov ignored the creditor's statement. I was sure that the court would refuse to accept the claim due to the missed statute of limitations.

However, Alexey periodically gave Anna small amounts to pay off the debt. There were supporting documents about this.

Thus, the debtor actually recognized the obligation to the creditor, interrupting the limitation period, which began counting anew after each payment.

This basis allowed the girl to file a claim.

We should also not forget about the possibility of reinstating the statute of limitations. The law provides for a number of reasons for this.

3) How to calculate interest on arrears?

If the loan repayment deadline is violated, the lender may demand interest from the debtor for overdue days.

Since August 2016, the percentage of overdue payments and the payment procedure must be recorded in the contract document and/or receipt. The calculation is made using the formula:

P=(SPD*PR)/365*KDP

  • P - the amount collected from the debtor for delay;
  • SPD - amount of overdue debt;
  • PR - percentage applied when calculating the arrears;
  • 365 - number of days in a year;
  • KDP - number of days of delay.

If the procedure for compensation for delays is reflected in the contract, but the interest rate is not specified, the calculation is made at the refinancing rate of the Bank of Russia.

Example

Peter lent it by issuing a receipt, 50 thousand rubles. Return deadline is 09.08. 2017. The loan agreement stipulates the accrual of interest for late payment, but the interest itself is not specified. In this case, the calculation is made at the refinancing rate. The result is presented in the table.