Loan repayment receipt. Receipt for the return of funds - the rules for preparing and filling out the sample. Cash debt receipt: sample

“…” …………………. 20… y. y……………………

I, ………………………………………….………, passport ………. No………………… issued
(full name of the lender)

registered at:

received from.………………………………………, passport ………. No………………… issued
(full name of the borrower)

…………………………………………… "……" ……………….. twenty…. city, subdivision code
(name of the authority that issued the passport)

……………………………………………………………………………………...………………

registered at:

city …………………… street …..…………...………..… house …… building ……… apt …..

as partial payment of principal a sum of money in the amount

………………………...…………………………………….………..……(……………) rubles,
(in words/numbers)

and partial payment of interest for the use of funds for the period from
“.…” …………………. 20… on “.…” …………………. 20… in size

……………………………………………………………………......……(……….…..) rubles,
(in words/numbers)

in accordance with loan agreement No. ………… from “.…” …………………. 20… g.

Calculation of interest for the use of funds:

……………………………………………………………………………………………………...

(full full name of the borrower) (signature)

"...." .................... 20 .... g. ……………………………………… ………./……………………
(full full name of the lender) (signature)

Note:
The loan repayment receipt is written by the lender.
The amount of money in the receipt is indicated in words, figures.
The type of currency in the receipt, according to Art. 317 of the Civil Code of the Russian Federation - ruble.
A notarized copy of the receipt has no legal force.

A debt repayment receipt: what is its necessity + how to draw it up correctly + what are 4 options for what the lender should do if the debtor does not repay the loan.

Debt relationships between relatives, friends and acquaintances are a common practice. Often, the transfer of money is carried out on trust, and the terms and conditions for the return are discussed orally. This is a fundamentally wrong approach to business, even if it concerns close people. And it is especially dangerous if the loan is from a private person. Documentation of the transaction and its completion is not just a formality, but also a guarantee of the seriousness of the parties' intentions.

Like a document that is drawn up when transferring money under certain conditions, there is a receipt for the return of a debt. It is she who fixes the fact of the completion of credit relations between the lender and the debtor. What is it and how to make it - about all this in our material.

Receipt for the return of debt: why is it needed?

1. What is it?

In order to protect yourself from fraud and fix a transaction for transferring money on credit, a loan agreement is drawn up, which is supported by an IOU.

It is necessary for two parties:

in case of ignoring and refusing to repay the debt, the creditor has the right to recover them through the court;
the debtor is insured against a fraudulent situation in the form of non-transfer of money and demands to return a non-existent debt allegedly to the creditor.

Even with good and trusting relations between the lender and the debtor, documenting the transaction is mandatory for an amount exceeding 10 minimum wages (Article 808 of the Civil Code of the Russian Federation).

The completion of the transaction is the return of the debt. This moment also needs to be fixed in order to terminate financial obligations.

There are several ways to do this:

give an IOU to the debtor or break it;
make an appropriate inscription on the receipt for the transfer of money;
for the return of the debt and sign it.

The first method is the most controversial and doubtful. A torn or handed over document can be a good color copy that a happy ex-debtor might mistake for genuine paper. After that, the fraudulent lender can demand their funds. And he will have the main proof in his hands - a real IOU.

The second method is legal and legally binding (Article 408 of the Civil Code of the Russian Federation). Since the IOU is drawn up in two copies: one remains with the lender, the other - with the debtor. If there is a corresponding mark on them, this will mean that the borrower has fulfilled its debt obligations.

The same article regulates the writing of a separate receipt. This is the most the right way prove the return of the debt.

Debt repayment receipt- this is a document drawn up on behalf of the lender stating that the terms of the loan agreement have been fulfilled, and he has received the funds previously transferred to him.

If the lender refuses to sign the receipt or put an appropriate mark, then the debtor has the right to keep the money with him and demand that the completion of the transaction be recorded.

A smart and decent person who does not have dubious intentions will certainly agree to such conditions. In addition, if the transfer of money was originally recorded in writing, that and their return must also be documented.

But scammers work according to this scheme: an ignorant borrower gives money, and a "creditor" a little later demands to repay the debt. The proof in his hands will be an overdue IOU without any marks. Unfortunately, the debtor will not be able to show anything in defense of his innocence, and the law will not be on his side.

That's what you need a receipt for the return of the debt. It allows you to exclude manipulation by a dishonest creditor.

The document itself has legal force even without notarization. The handwritten form and the signature of the parties is already the basis for a trial. But still, it will be easier to prove your case if the transfer of money and the preparation of the receipt was carried out in the presence of a notary or witnesses. This is especially true for the return of funds, which is actually not given as much attention as receiving them.

2. Rules for drawing up a receipt for the return of a debt.

If the creditor is interested in drawing up an IOU, then the debtor is interested in a document confirming his return. Their writing has an arbitrary form, but still there are certain rules and features of their design. Let's consider them.

No. p / p	rule	Explanation
1.	The law does not prohibit the printed writing of the receipt, but the handwritten version is much better for presenting it in court.	It is much more difficult to carry out a graphological examination of a single signature than when it comes to a whole handwritten text. Again, this point can greatly simplify the trial.
2.	Notarization and the presence of witnesses is not at all necessary, since the receipt is legally binding in any case.	The presence of eyewitnesses carries more weight in court. This is especially true in cases where money is borrowed from unfamiliar individuals.
3.	The receipt contains the exact data of the parties.	Indication of only one surname and initials is incorrect. It is important to write down the series and number of the passport, as well as the place of residence of the parties to the transaction. Such data accurately identifies the borrower and lender.
4.	When drawing up a receipt, special attention is paid to details.	This includes the amount of debt, the amount of interest (indicated both in numbers and in words), as well as the very fact of returning the money on time.

Also, do not neglect such nuances. It would seem such a formality, but it is important that the following points are indicated in the receipt:

“I received the money”, “The money lent out was returned in full” - if such phrases are used in the present or future tense, then the debtor, even when the debt is paid, still remains a debtor.
It is also necessary to make a reference to the loan agreement or IOU, under the terms of which the funds were issued.
This also includes an indication that the debt is repaid with interest and on time.

Important ! A receipt for the return of a debt must be kept until the statute of limitations expires.

So, the following points should be fixed in the document:

When recovering debts by receipt, both parties can draw up counter documents and certify them with their signatures:

the lender writes that he has received back his funds;
the borrower indicates that he transferred the money that he borrowed.

A sample receipt for the return of a debt (compiled by the creditor who received his money back):

Sample receipt for the return of the debt (compiled by the borrower who returned the money):

Return of a debt on receipt: 4 ways to get your money back

There is an opinion that you need to lend only the amount of money that you are ready to lose without prejudice to your own financial situation. But it's still not worth letting everything go by itself.

Therefore, if you are in the place of the lender, and at one time gave a loan, then after the expiration of the transaction, you have the legal right to demand the return of debts on receipt. And you have four options.

1) Peaceful settlement.

Before the end of the IOU, you can remind the borrower that he must take care of the return of funds. But already after the time has passed, you need to apply your ability to convince.

Explain to the debtor that the law is on your side, so if the case goes to court, then he should prepare for such problems:

damaged reputation;
reimbursement of court costs;
an increase in the amount of the refund after a court decision (Article 395 of the Civil Code of the Russian Federation).

To do this, you can send a written claim to the borrower indicating what you will require in court full return debt, as well as a list of unpleasant consequences for it: accrual of interest at the refinancing rate, repayment of funds within 30 days after the creditor's request (if the debt was not issued under the conditions of a certain period), loan indexation, and so on.

The most compelling argument that you must operate with is your appeal to the court. And you will most likely win. You have all the cards in your hands: a receipt and no confirmation of the return of the debt.

2) Assignment of debt to third parties.

If you do not have the desire and time to send claims to an unscrupulous borrower and run around the courts, then you can assign the debt. This is where collection companies can help.

By concluding such an agreement, you immediately receive a part of the debt. The "discount" goes to the collector. This is a service charge. Thus, the lender does not need to contact the borrower, write claims to him and wait for him to repay the debt.

By choosing this method of action, you lose part of the amount, but save time and money.

3) Pre-trial proceedings.

If the above two options do not suit you, but still have a desire for your money, then perhaps a solution can be found in issuing a court order.

To do this, you need to act according to this scheme:

Registration of a debt receipt.

How to make a receipt?
Lawyer's advice.

4) Debt collection through the court.

And the last resort is . If the transaction was carried out correctly, and you have supporting documents in your hands, then the judge will rule in your favor. But until the moment when the money is in your hands, it will take time (about 3-5 months), so you need to be patient.

The application can be submitted before the expiration of the limitation period, otherwise the decision will be made in favor of the unscrupulous borrower.

Step-by-step instructions for filing a lawsuit:

Preparing documents and writing an application. A sample form can be found at the court.
It should include the following points:
- the amount of debt and interest;
- the amount of reimbursement by the defendant - services of a lawyer, payment of state duty;
- list of attached supporting documents;
- what did you do to repay the debt: filing claims, personal contact, meeting in front of witnesses.
Payment of the state fee before submitting the application.

The case against a dishonorable debtor will be conducted in accordance with the Civil Procedure Code. By the way, it may be delayed if the defendant does not appear in court or rely on it. For example, he may claim that he did not sign any papers and did not receive any money. To do this, the court will require the results of a handwriting examination. And that will take some time.

But after the plaintiff receives a judgment in his favor, as well as a writ of execution, he hands it over to the bailiffs. They, in turn, send a resolution to the defendant demanding that they return the debt and cover the losses within five days.

Otherwise, the following actions can be taken against him:

arrest of sources of income;
seizure of property and property rights, from which a loan can be collected.

Unfortunately, you can forget about debt repayment if the borrower literally has nothing.

The return of funds is the same responsible event as taking a loan. Now it is the debtor's turn to protect himself from the fraud and dishonesty of a private individual. A debt repayment receipt is proof of the end of a credit relationship. The lender is obliged to write it out, and the borrower must ensure that it is drawn up correctly.

For the security of the transaction, you should invite witnesses who will be present at the transfer of money, and in which case they will be able to confirm the refusal of the lender to draw up a receipt.

If you lend your money, you need to make sure that this event is documented. The usual way to document the transfer of money is to issue refund receipts and about getting them.

A return receipt confirms the fact that the money has been returned to the creditor. Consider the issues that arise when compiling such a receipt.

Receipt for the return of funds must be drawn up in a simple written form.

It is allowed to print a receipt on a printer, but this faceless document will not be subject to handwriting examination and, therefore, the reliability of such a receipt will be in question. For the examination of handwriting, a signature alone is clearly not enough.

Firstly, the more material, the more reliable the conclusion of the handwriting expert, and secondly, it will be very difficult to bring such an accusation against a handwritten receipt that “the signature was on an empty sheet, on which the text of the receipt was then printed.”

The receipt must indicate not only the amount of money transferred, but also the reason for the transfer. When transferring money on account of the fulfillment of obligations under the agreement, it is necessary to write about it: “On account of paying 50% of the prepayment under the contract for the provision of services No. ___ dated “__” ________ 20__.” or “On account of payment for installation stretch ceiling 32 sq. m. in the apartment at the address "____________".

If you do not specify the reason for the transfer of money, then in the event of a dispute, a situation is not ruled out in which the party who received the money will insist that the money was received not under the contract, but in payment of your debt, for example.

If the transfer of money took place at interest, this fact must be indicated in the text of the receipt.

However, even without indicating interest, they can still be recovered from the debtor at the current refinancing rate of the Central Bank of Russia.

If the money is transferred in the currency of a foreign state, it is important that the name of the currency be spelled without errors. You also need to clarify the exchange rate at which you expect to get your money back if they are returned in rubles.

An essential detail of the debt receipt is the date the money was repaid. From the date of return written in the receipt, the limitation period is calculated, which is equal to 3 years. After 3 years, it will be useless to sue.

What if the text of the receipt does not indicate the date of return? - Then the debt is considered unlimited, and before going to court, the creditor must demand a return of money from the debtor.

Sample receipt for refund

According to the requirements of Russian legislative acts, the text of the receipt for the return of money should be approximately as follows (only a sample receipt is given here, the text may vary):

Receipt

I, Ivanov Sergey Ivanovich, born on 10/13/1993, passport data 7321 No. 888888, issued on 10/15/2007. department of the Federal Migration Service for the Krasnoarmeisky district of St. Petersburg, registered and residing at the address: St. Petersburg, st. Bogdan Stupka, 14, apt. 47, I hand over to Sergeev Danil Izmailovich, born on 11/14/1990, passport data 7322 No. 777999, issued on 12/12/2004 by the Department of Internal Affairs of Russia for the central district of St. Petersburg, registered and residing at the address: St. Petersburg, avenue Pyatiletok, 47, apt. 33, on account of payment for installation front door in my apartment at St. Petersburg, st. Bogdan Stupka, 14, apt. 47 cash in the amount of 35,000 (thirty-five thousand rubles 00 kop.)

Date, signature of the customer who paid the money and the signature of the contractor, with which he confirms their receipt.

The same receipt for the return of funds can be written on behalf of the master who received the money. It might look something like this (sample writing):

Receipt

I, Sergeeva Danil Izmailovich, born on 11/14/1990, passport data 7322 No. 777999, issued on 12/12/2004 by the Department of Internal Affairs of Russia for the central district of St. Petersburg, registered and residing at the address: St. Petersburg, Pyatiletok Avenue, 47, apt. 33, received from Sergey Ivanovich Ivanov, born on 10/13/1993, passport data 7321 No. 888888, issued on 10/15/2007. department of the Federal Migration Service for the Krasnoarmeisky district of St. Petersburg, registered and residing at the address: St. Petersburg, st. Bogdan Stupka, 14, apt. 47, in payment for the installation of the front door in his apartment at St. Petersburg, st. Bogdan Stupka, 14, apt. 47 cash in the amount of 35,000 (thirty-five thousand rubles 00 kop.)

Date, signature of the contractor who received the funds and the signature of the customer, with which he confirms their payment. I have no claims against Ivanov Sergei Ivanovich.

Repayment of a debt on a receipt

If you lend money and at interest, then in the receipt for the transfer of money in debt you must indicate the amount of interest at which the money was transferred, and in the receipt for the return you must clearly state that the required amount of interest has been paid in full.

You can notarize a receipt for the return of funds, although there are no requirements for this in the law.

What does the law require? Article 408 of the Civil Code obliges the creditor, at the request of the borrower, after receiving the return of the amount of money, to issue a receipt for the receipt of funds for the debt. Or it is permissible to put an inscription on the repayment of the debt on a receipt for receiving funds in debt. As you can see, there are no clearly defined requirements for the execution of documents in the law. We can only recommend that you adhere to the following rules: draw up a receipt in writing; prescribe the full name, passport details and addresses of registration and residence of both the lender and the borrower; prescribe the transferred amount with interest and make notes on the IOU immediately upon the return of the previously occupied amount.

Quite often, it is practiced to borrow money not from a specialized credit organization, but from friends, acquaintances or relatives. But even such loans must be formalized correctly.

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Moreover, it is necessary to confirm with documents not only the fact of obtaining a loan, but also the fulfillment by the debtor of his obligations.

One of the types of documents that can confirm the return of money is a receipt for the return of a debt.

General points

Russian legislation does not impose restrictions on the receipt and repayment of loans between individuals and/or legal entities.

And it does not require the obligatory conduct of such transactions through specialized credit or settlement organizations.

But there are documentary requirements. Otherwise, the lender is actually deprived of the possibility of making claims.

If the transaction involves at least one entity then a contract must be drawn up.

But individuals among themselves can get by with a simplified document - a receipt for receiving money in debt.

In the latter case, the lender will be able to put forward a claim for the return of the debt on receipt () to the borrower if the loan term was not specified, and it must be returned within 30 days.

In a situation where the borrower-individual refuses to repay the loan or simply will not repay it, the lender, if there are correctly executed documents, will be able to file a claim with the court for the return of the debt on receipt ().

And in the future to collect it forcibly, and if necessary, using the service of bailiffs.

Regardless of who are the parties to the transaction, there must be documentary evidence of the fact that the borrower received money on credit and returned it to the creditor (lender). Only in this case, all obligations between the parties will be fulfilled.

The borrower side also needs to obtain documentary evidence of each fact of the return of funds to the lender. One of the types of suitable documents is a receipt for the return of a debt.

In practice, this version of the document is used only if the lender was an individual.

When repaying a cash loan, an organization will be required to issue a cash receipt order so as not to violate the requirements of the law on accounting and cash discipline.

If a representative of a legal entity-lender tries to get by with one handwritten receipt, albeit with a certified seal, this should definitely become an alarm signal.

In the latter case, it is better to return the funds by transfer to the organization's bank account.

Often, when receiving an interest-free loan, they forget to indicate in the receipt that there is no interest under the agreement.

In this case, they will be charged based on the key rate of the Central Bank of the Russian Federation. The borrower must take this fact into account when repaying funds.

In the receipt for the repayment of the debt, the lender will have to indicate information about them.

Legal force

A receipt for the return of a debt must be drawn up in a simple written form. It is best if it is written by hand.

The courts are reluctant to accept for consideration documents prepared entirely on a PC and containing only one signature of the lender, as evidence of the return of funds.

Although the legislation of such requirements for this document does not contain. A prerequisite for a receipt for the return of a debt to have legal force is the actual transfer of funds and the voluntariness of its writing.

If it is proved that the lender wrote the document under pressure from the borrower or third parties, it will not have any legal force.

The receipt must clearly identify the parties to the transaction. This means that the document should indicate the passport data of both the lender and the borrower.

What to pay special attention to

Article 408 of the Civil Code of the Russian Federation indicates that upon repayment of a debt or part of it, a receipt is issued.

However, it is allowed to replace it with an inscription on a debt document (a receipt for receiving money in debt) upon full repayment of the loan.

Even a simple return of a receipt for a loan will confirm the fact that the borrower has fully fulfilled its obligations while the original receipt is with him.

Advice. If, when repaying a debt, the lender simply returned the original receipt of the borrower, then it is advisable to destroy it immediately.

This will prevent accidental loss or theft of the document and further unpleasant consequences.

Russian legislation does not require that a receipt for the receipt or repayment of a debt be certified by a notary.

But at the request of the parties it is quite possible. Often, such a procedure is resorted to if the transaction takes place between people little known.

This approach allows you to remove the question of who exactly signed the document.

How to write a letter of repayment of a debt

The legislation of Russia does not contain any special requirements for drawing up a receipt, in fact leaving its execution to the discretion of the parties to the transaction.

In practice, it is customary to write such documents with one's own hand without using any technical means. But the law allows only the personal signature of the lender on a handwritten receipt.

The following conditions must be met for proper preparation debt collection receipts:

The document is drawn up in a single copy	The lender must transfer it to the borrower. If the obligation to repay the debt has been fully fulfilled, then together with the receipt for the repayment of the debt, the receipt for its receipt is also returned.
If the lender cannot return the receipt of the debt for any reason	An appropriate note must be made in the receipt for its return.
The document must indicate in full or in part whether the debt was repaid	If the loan was issued at interest, then they must also be indicated in the receipt for its return.
If there are witnesses to the fact of the return of the debt, then information about them is also entered into the receipt.	Additionally, they must put their signatures on the document
The receipt may contain additional conditions regarding the transaction	For example, often when returning only part of the debt, it stipulates further terms for the return of funds.

Comment. If the debt is returned in full, then it often makes no sense to draw up a receipt for its return.

It is quite possible to get by with the appropriate inscription on the receipt for the loan. The lender does it with his own hand, he also indicates the fact that there are no claims against the borrower.

Compilation sample

The receipt has a simple handwritten form and is intended to simplify the conclusion and maintenance of transactions between individuals.

But sometimes this causes problems. Not every person can independently quickly and correctly prepare required document taking into account all the nuances of the law.

In this situation, you can use a ready-made sample receipt for the return of a debt, it is quite easy to do.

Comment. Usually you can immediately use the ready-made sample as a template, but sometimes it still needs to be finalized.

If any additional conditions were agreed upon at the conclusion of the transaction, for example, interest on a loan, this will have to be done without fail.

What are the requirements for the structure of the document

Russian legislation left the lender and the borrower the opportunity to actually fully agree on both the structure and the content of the debt repayment receipt.

However, when preparing it, it is imperative to adhere to general norms and rules for the preparation of various financial and other similar documents.

Video: how to write a document

Cash with interest

Loans can be divided into interest-free and interest-bearing. Moreover, by default, any cash loan is considered interest-bearing if the amount is more than 50 minimum wages, even if it was issued and received by an individual.

It is best to initially negotiate all the terms regarding the interest on the loan between the parties and indicate this information in the original loan agreement (receipt). This will avoid many unpleasant moments in the future.

If interest is initially provided for under the loan agreement, then when it is returned, the receipt must separately indicate the amount of interest received by the lender and separately the amount of the principal debt.