2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16
Many people, when they borrow some money, do not even think about the fact that they might not get it back. As a result, they have to look for a debtor for a long time and persuade them to return the borrowed money. In such cases, the ability to write receipts may come in handy. This is a simple matter, but a document drawn up incorrectly may not have any legal significance.
In this article we will analyze an example of a receipt for receiving funds and documents. We will also talk about what items must be indicated so that it does not lose its force.
Why is it needed
Any professional lawyer is sure that even an incorrectly drawn up receipt is much better than its complete absence. According to the law, witness statements are not proof of the transfer of money. This fact must be documented.
If you even oncehave seen an example of an IOU in life, then you know that this document is needed to protect the interests of a person who lends a certain amount. It is the receipt that is the legal guarantee that the funds will be received back. Of course, this is not the only evidence. Any other financial documents will do:
- checks;
- payment orders;
- bank statements;
- other.
However, when funds are transferred from hand to hand, a receipt is the fastest and most reliable way to certify their transfer. All it takes is a pen and a little time to complete. The paper on which the document will be drawn up does not play any role. Even if it is a piece of wallpaper or the back of a child's drawing, the receipt will not lose its validity.
Of course, in order for the paper to be written correctly, you need to study an example of a receipt in advance. And if we are talking about an impressive amount, then it would be reasonable to enlist the signatures of at least two witnesses who will certify the authenticity of the document.
Types of debt documents
Certainly, the most common example of a receipt is a loan or cash loan. But there are also other situations when such a document is simply necessary:
- purchase/sale of a motor vehicle;
- making an advance payment in real estate transactions;
- receiving child support;
- final settlement when buying a house, apartment, car or land;
- other.
Legal significancereceipts
Despite the fact that this issue is enshrined in law, disputes about the strength and legal significance of the receipt have not subsided so far. First of all, the disagreements relate to whether the document should be certified by a notary.
According to article 808 of the Civil Code of Russia, notarization of such a document is not mandatory. Of course, if we are talking about a very serious amount and you want to protect yourself as much as possible, then contacting a notary office can take place. In this way, you will protect yourself as much as possible if later it becomes necessary to prove that the document was drawn up and signed by the very citizens about whom it refers. This can also be done without notarization, but the process will take much more time and effort.
Pros and cons of contacting a notary
When notarizing a receipt, there are both pluses and minuses. Benefits include:
- 100% authenticity of the document;
- if you find it difficult to draw up a document correctly, the notary will definitely offer his own example of writing a receipt, which already takes into account all the nuances.
There is probably only one drawback here - spending extra money and time on going to the office.
Features of compilation
If you decide to manage on your own and save time and money, be sure to ask in advance about the intricacies of compiling this document. A correct example of a receipt should be:requirements:
- The document is written entirely by hand. In this case, it is unacceptable to simply put signatures on a form printed on a computer. Self-writing makes it possible to conduct a handwriting examination if necessary.
- All amounts indicated in the document should not only be written in numbers, but also deciphered in words. This eliminates the possibility that someone will add or clean up an extra figure.
- If we are talking about amounts in foreign currency, you should certainly indicate that the return of the entire amount must be made at the rate in force at the time of the final settlement.
- It must be remembered that if the receipt does not say anything about interest or pen alty, the contract is automatically considered interest-free.
- The text should indicate that the money was transferred directly at the time of writing the receipt, as well as the place (full address) where exactly this happened.
There are a few other things to consider as well. The text of the receipt should not indicate the business purpose of the loan. If it is indicated that the money was borrowed for commercial purposes, this may be regarded as a risk that the lender was aware of in advance. If the case does not work out, the funds may not be returned.
When drawing up a document, be sure to double-check the passport data of both parties indicated in the document.
What to put in the text
There are at least 7 items that must be present in this document:
- Name of both parties (document originator and creditor);
- data of their passports, TIN, address of residence and registration;
- exact amount written in letters and numbers;
- the place, date and the very fact of receiving money are indicated;
- the deadline for the return of funds is indicated (if provided);
- the basis for the transfer of money is indicated;
- full and legible signature of the parties to the contract and probable witnesses.
If the example of a receipt for money you have been given does not contain any of these items, you should think about a possible scam.
Receipt of receipt of funds
Although there is no exact single sample for writing a receipt, you should still adhere to the above rules. By studying the example of a cash receipt below, you will save yourself from a lot of trouble.
Receipt
June 28, 2015, city of Pupinsk
I, Levandovskaya Irina Nikolaevna, born on 1974-01-03, passport series - 3469 No. 216801, issued on 2006-17-09, by the FMS department of the Akhtyrsky district of Pupinsk, registered and residing at:
g. Pupinsk, st. Loskutovaya, 22, apt. 195, I borrow from Kirichkovsky Nikita Yakovlevich, born on November 6, 1964, passport series - 1677 No. 331688, issued on August 26, 2011 by the FMS department of the Tikhvinsky district of Tykvinsk, residing at:
g. Pupinsk, st. Izyumnaya, 7, apt. 10 registered at:
g. Tykvinsk, st. Istomina, 116, financialfunds in the amount of 1,130,000 (one million one hundred and thirty thousand) rubles at 5 (five)% per annum. I undertake to return the funds received and the entire amount of interest by September 22, 2017.
The receipt was drawn up by me personally and voluntarily. The money was transferred to me in full at the time of signing this document.
Levandovskaya Irina Nikolaevna (signature).
Receipts are drawn up in approximately the same way when buying / selling housing, receiving alimony and other cash payments.
Receipt of the safety of property
Now let's look at another example. In this case, one party transfers the apartment for use, and the other party undertakes to keep it in proper condition. So, an example of a receipt for an apartment:
Receipt
13.03.2016, Netovsk
I, Ilya Nikolaevich Ivashchenko, born on 1981-11-11, registered at:
g. Ilyichevsk, st. Lenina, 48. Passport series: 5469 No. 100295, issued by the department of the Federal Migration Service of the Primorsky district of Ilyichevsk.
I undertake to maintain the apartment rented by me at the address: Netovsk, st. Shevchenko, d. 1, apt. 55 in good order and in good condition. In the event that I cause damage during the period of my stay in this apartment, I undertake to reimburse the full cost of the damaged property. Doors, windows, refrigerator, cooking stove, washing machine and all furniture located in the apartment are in good condition at the time of transfer of housing for use.
Receipt is valid for the entirethe period of my stay in the above premises and will be returned to me at the end of the rental period.
The receipt was drawn up and written by me personally and voluntarily.
Ilya Nikolaevich Ivashchenko (signature, date).
Receipt of receipt of documents
As you can see, a receipt does not have to be associated with the receipt and transfer of funds. And here is another example of a receipt that is not related to the movement of money. It also has its own nuances of composition.
Receipt of receipt of the document:
I, Lioznova Anna Ivanovna (passport series 3456 No. 100967, issued on March 17, 2006 by the passport office No. 2 of St. Petersburg, registered and living at the address: St. Petersburg, Kiziyarskaya st., 8, apt. 17), received a work book from her husband Lioznov Ivan Evgenievich in the personnel department of Cher-Life OJSC for further transfer to its owner.
I have no complaints about the execution of the document (employment book).
2016-18-08
Anna Ivanovna Lioznova (signature).
As you can see, receipts are very different. In any case, before signing such a document, think carefully. Even if the required form of writing is not maintained exactly, the receipt will have legal significance. If the obligations assumed are not fulfilled, the document may be submitted to the court.
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