How to lend correctly. What every person who gives money for loans needs to know. Data in the receipt

"If you want to lose a friend, give him a loan." This is what folk wisdom says!

When a person does not have enough money to satisfy desires or solve problems, he will either try to earn them, or take a loan from the bank, or ask for a loan. Obviously, the last option is the simplest one that does not require physical effort and time-consuming. That is why many people turn to relatives, friends or colleagues for help, who will help out and lend the required amount.

However, not all debtors return the debt on time! Some of the "borrowers" trivially faced a difficult financial situation(for example, they were fired from their job), and someone lives according to the principle of "borrowing and not giving back." How in similar cases quickly repay the debt? - for many, this can be a problem.

How to lend money correctly and how to correctly return it later? Any of us sooner or later asks these questions. At the same time, the question "How to correctly issue a loan?" is not of interest to us. It's a pity! Sometimes, the borrowers are scammers who, when borrowing money, do not think to return it.

By lending a loan to even the closest person, we set a period for repayment. However, as practice shows, some loans are not repaid on time. But this is not the worst thing, it is worse when the debt cannot be repaid, even in court.

Let me give you some simple tips to keep yourself safe when borrowing money.

Know that if you lend or borrow money, you are entering into a loan agreement.

The person who gives the money is called the lender. And the person who borrows them is the borrower.

According to Art. 808 of the Civil Code of the Russian Federation (hereinafter - the Civil Code), a loan agreement between citizens must be concluded in writing if its amount exceeds at least ten times the amount established by law minimum size wages, and in the case when the lender is entity, - regardless of the amount.

Thus, if you lend or borrow less than 1,000 rubles, then you do not need to draw up a written agreement, but if over 1,000 rubles, then you must draw up a written loan agreement.

However, without completing even an insignificant amount, you are deprived of the opportunity to prove the fact of the loan, because "you cannot sew a word to deed." Therefore, we advise any transaction, regardless of the amount, to be made in writing.

The easiest way to provide yourself with proof is with an IOU. You need to know that a receipt is not a contract and is deprived of all the advantages of a transaction made in writing.

A receipt is drawn up in any form, indicating the following data in it:

• date and place of issue of the receipt;
• exact information of the lender (giver) and borrower (taker): full name, registration and actual residence addresses, passport data;
• loan amount in rubles, it is advisable to write it in numbers and in words. The mention of foreign currency can appear only as an equivalent at the rate of the Central Bank of Russia, that is, a person borrows at the rate on the day of the conclusion of the agreement, and promises to return it at the rate that will be at the time of repayment;
• money back period. In cases where the repayment period is not set or is determined by the moment of demand, the loan amount must be returned by the borrower within 30 from the day the lender submits a demand for the return (Article 810 of the Civil Code of the Russian Federation);
• The names of the witnesses who were present when the receipt was drawn up and the money was transferred (optional, but desirable);
• signature and transcript of the signatures of the lender and the borrower.

The receipt must be executed (written) in his own hand by the person who borrows money. It is advisable not to use printing devices (computers, etc.). In this case, if a dispute arises regarding the debt itself, you will receive one more proof - the debtor's handwriting.

We draw your attention to assure IOU you do not need a notary, a notarized receipt, in most cases, will not have additional legal force.

Instead of a simple receipt, you can draw up a loan agreement, which must necessarily contain:

• the date of the conclusion;
• the moment the agreement enters into force;
• Name of the lender and borrower, registration addresses of the parties, dates of birth, passport details of the parties;
• the amount of debt;
• loan repayment period.

In addition to the above information, you can write additional conditions:

• guarantees;
• guarantors;
• penalties for each day of delay in debt repayment;
• the amount of interest for the use of money. According to Art. 809 of the Civil Code of the Russian Federation, if the agreement does not explicitly state that the loan is interest-free, then the borrower is obliged to pay the lender an interest in the amount of the refinancing rate of the Central Bank of Russia (as of 05.02.2009 it is 13% per annum). In the case of a refund through the court, this condition of the Civil Code will be in your favor, given the constant inflation, this percentage will minimize your losses. However, in the agreement you can prescribe a different amount of interest, if it turns out to be higher than the refinancing rate, then in court you will have to declare this contractual amount.

The loan agreement can be notarized. In this case, the contract is drawn up in triplicate, one copy for each of the parties, the third - to the notary. It will not be superfluous to transfer money in the presence of a notary, then in the person of the notary you will have a reliable witness confirming the fact of the transfer of money.

According to Art. 807 of the Civil Code of the Russian Federation, a loan agreement is considered concluded from the moment the money or other things are transferred.

A loan agreement is considered not concluded if money or other things were not actually received by the borrower from the lender.

The promise to lend does not have any legal consequences. The condition on the provision of a loan, even agreed by the parties, has no legal force, and the lender cannot be forced to issue a loan and is not responsible for failure to provide the borrower with the promised funds.

There are times when the parties have signed an agreement, but the lender has not transferred the money. However, after some time he goes to court for help to recover the debt from the borrower. To save yourself from such fraud, we strongly recommend that you make out the transfer of money supplementary document, which will record the date of transfer of money and the amount of the loan. This can be a receipt for a contract, or an act of transfer of funds.

Lyudmila Zaitseva, 2009.

How to lend money at interest? How can a moneylender repay a debt on a receipt? When is it forbidden to lend money?

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

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

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

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

Everyone at least once in his life borrowed or lent to someone a certain amount of money. Most often, such relationships develop with friends, good acquaintances or relatives.

But it happens when the transfer of money takes place between strangers. If the amount is decent, you must sign a loan agreement or get a receipt. Sometimes they issue or require other security, for example, a surety.

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 of a contractual nature and is limited only by the desire 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 poor credit history , for whom this method of obtaining funds is sometimes the only possible one. Such a service is also in demand among those who are not officially employed.

This way of investing money is quite risky. But the percentage at which the issue is made is much higher than in a bank.

Do you want return guarantees? Issue secured loans. The type of loan "" is gaining popularity. When providing collateralized loans, do not forget to additionally draw up a collateral agreement.

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

It would seem that what is simpler: you have free money, which are willing to borrow money from potential borrowers that are quite trustworthy at first glance.

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

Step 1. We advertise

You can place an announcement of your intention to lend money against a receipt at different sites.

Main placements:

• 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 Internet resources in the sections "I will take money on credit".

Word of mouth should not be discounted as well, because we are used to trusting the recommendations of friends, relatives and acquaintances.

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

Don't forget to include in your ad general terms and Conditions lending.

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

Loan terms to be included in your ad:

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

The specific interest for using the loan, as a rule, 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 conditions briefly but clearly, having placed an offer, wait for calls from those wishing to borrow money against receipt.

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

1. kad.arbitr.ru- participation in arbitration courts.
2. fssprus.ru- availability of enforcement proceedings.
3. services.guvm.mvd.rf- verification of 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. Now is the time to calculate the loan and form the contract.

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

Step 4. Draw up a receipt

Receipt - an appendix to the agreement, replacing the act of receipt and transfer of money and confirming the fact of their receipt by the borrower.

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

It is not uncommon for the giver to type on the computer or to write a receipt with his own hand. The taker only puts his signature at the bottom, confirming his agreement with the terms of the loan and the 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 ad “I will lend money”.

The one who wanted to get a loan was found quickly. Mikhail drew up a receipt on the computer. The borrower only endorsed it.

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

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

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

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

Since there was only an indefinite signature-squiggle on the receipt, which had already faded, and even made with the left hand (no one knew about this, except for the signer), in conditions different from the initial ones, the experts could not give an unambiguous conclusion about the identity of the signature on the receipt to the defendant.

Based on the conclusion received, the court dismissed Mikhail's claim.

It's great if the information contained in the receipt is confirmed by 2 witnesses... Their full name, passport data and personal signatures with decryption are required to be written in this important paper.

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

When drawing up receipts, a number of other requirements should be taken into account.

Highlights to be reflected:

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

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

Step 5. We provide funds and expect debt repayment

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

That's basically it. Now it remains to wait for the loan amount and interest to be returned.

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

In Russia 61% able-bodied population have one or more loans.

In such a situation, it is easy to run into an unscrupulous borrower. To protect yourself and achieve the return of your hard-earned money, I recommend that you follow several consecutive steps.

Action 1. Clarify the reason for the non-return

Day X has come. Today, the borrower must repay the debt and interest that are stipulated by the terms of the loan. However, you did not wait for either the money or the debtor.

Do not 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 settlements). Try to get in touch with him in all possible ways.

You have finally managed to contact the borrower. Find out the reason for the non-return. Specify the estimated timing of the full settlement of the loan. You may be able to solve the problem peacefully.

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

Does the debtor "feed breakfast"? Not answering calls? Avoids meetings in every possible way? There is only one way out: write a letter to his address, where clearly state your intention to go to court.

In the 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 return.

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

Requests and persuasions did not have the desired impact on the offending borrower. Hence, there is only one effective, legal way solve the problem of - prepare and file a legal claim.

If you are not a legal professional, I recommend ask for help from lawyers specializing in this direction. Indeed, the success of the entire event largely depends on how competently the document will be drawn up.

If you nevertheless decide to deal with this issue on your own, then carefully study all the subtleties of drawing up a claim. If necessary, you can take our sample "" as a basis.

Step 4. We wait for the court session and get our money

The claim has been filed. It remains to be patient and wait for the court's decision.

With a positive outcome of the case, you will get your hands on performance list, 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 contractor.

It would seem that the deed is done, we are waiting for payments! but "The tale tells itself quickly, but the work is not done soon".

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

Don't get fooled by these explanations! Write a complaint to the name of the head of the Department bailiffs, which contains the writ of execution.

Did not help? Submit your application to the prosecutor. Remember: "The salvation of the drowning, the work of the drowning themselves"!

4.5 common mistakes when drawing up an IOU

Having decided to lend money against a receipt, be careful, there are no trifles in this matter.

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

Error 1. There is insufficient information about the debtor

Often, the debtor, drawing up a receipt, requires the borrower to prescribe in detail the personal data of the lender, the amount and terms of the debt agreement. At the same time, only the last name, first name and patronymic are known about the recipient of funds.

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

Mistake 2. Incorrectly chosen form of writing the document

Simple writing is optimal for IOU... In the age of high technologies and continuous automation of processes, more and more text is printed on a computer.

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

Mistake 3. The amount of debt is spelled out only in numbers

In all monetary documents amounts in mandatory indicate in numbers and words. This is due to the fact that numerical values ​​are very easy to fake.

Let's say the receipt contains the amount in numbers 100,000 rubles... A light stroke of the pen in front of the unit adds, for example, the number 4. And now the amount of debt has become narrower 4,100,000 rubles.

The forgery can only be proved with the help of a special expensive examination.

Error 4. The purpose for which the funds were taken is not indicated

Some receipts must contain the purpose of the loan. This is important if the loan is targeted... Under the terms of such an agreement, money is allowed to be spent only for the agreed purposes.

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

Mistake 5. No date for debt repayment

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

In this case, the lender runs the risk of not waiting for his money at all, and, moreover, for legal grounds.

5. FAQ - answers to frequently asked questions

At the end of the topic, I offer answers to frequently asked questions.

1) How long is a debt receipt valid?

Receipt confirming the fact of transferring money into debt, acts within the timeframes prescribed in the document itself.

If the repayment period in the debt paper is not specified, or it 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 is obliged to return the money in full within 30 days from the moment of demand by the lender.

2) Can the limitation period be changed?

Term limitation period on a debt receipt, it is interrupted at the time the borrower commits an action that indicates 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 receipt of the money.

Anna threatened Alexei with the court. Nosov ignored the lender'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. What supporting documents were there.

Thus, the debtor actually recognized the obligation to the creditor, interrupting the course of the limitation period, which, after each payment, began its countdown anew.

This basis allowed the girl to file a lawsuit.

Also, one should not forget about the possibility of restoring the limitation period. The law provides for a number of reasons for this.

3) How to calculate interest on arrears?

If the loan repayment period is violated, then the lender can demand interest from the debtor for the delayed days.

Since August 2016, the percentage of delay and the calculation procedure must be fixed in the contractual document and / or receipt. The calculation is made according to the formula:

P = (SPD * PR) / 365 * KDP

• P is the amount collected from the debtor for delay;
• SPD is the amount of overdue debt;
• ПР - the percentage used in calculating the delay;
• 365 - the number of days in a year;
• КДП - the number of days of delay.

If the procedure for compensating the delay is reflected in the agreement, but the interest rate is not specified, the calculation is made at the refinancing rate of the Bank of Russia.

Example

Peter gave a loan, issued a receipt, 50 thousand rubles The return date is 09.08. 2017. The loan agreement stipulates the accrual of% for delays, but the percentage itself is not specified. In this case, the calculation is made at the refinancing rate. The result is shown in the table.

How to lend money correctly? This question worries many people. Some just want to help their friends and family, but fear that after that they will no longer see their money. As in the good old saying: "If you want to lose a friend, give him a loan."

Others are looking for a certain benefit in this and borrow at interest, turning into a kind of But if the latter are protected by all kinds of federal laws, then the citizens-lenders often simply “donate” their savings. We will talk about how to lend money correctly.

The main rule is a written agreement without fail

Any amount over 1,000 rubles must be accompanied by written contracts.

This is an obligation for an individual in accordance with the Civil Code of the Russian Federation. For legal entities, another law - any amount is formalized by an agreement. Therefore, the first rule of how to lend money correctly is to conclude a written agreement.

Lender or Lender?

Under the agreement, the borrower will be called the borrower, and the giver - the lender. Not a lender. It is important. With such a wording, problems may arise in court from the lender himself. The defendant, with a competent legal position, can simply annul the contract, referring to the fact that an individual cannot be a creditor.

But, as they say, "you can't sew a word to a deed." Therefore, we advise you to draw up absolutely any amount through a loan agreement.

How do I tell a friend about it?

Many citizens are uncomfortable, and sometimes just too lazy, to draw up all kinds of written documents. They give money, hoping for honesty and decency. Of course, this is their right. We are only talking about how to lend money correctly from the point of view of jurisprudence, so that later there would be something to present in court.

But what if you do not want all kinds of notes? There are people who find it uncomfortable to offer it. On the one hand, they want to insure themselves, and on the other hand, they are afraid of offending a person. After all, it is not known how a friend will perceive this information. Perhaps, after the offer to conclude a loan agreement, he will no longer be considered as such. There are some tricky tips for this:

1. Tell the person that this is how your lawyers or you yourself learned how to return income tax... Like, I help you, and you help me. To all questions about how this can be “done”, evasively answer: “They will help me,” “There is a friend who will do it,” etc. From a legal point of view, this is sheer nonsense, but a friend is unlikely to turn out to be a jurist. In addition, there are many cases in the legislation tax deductions and benefits, without immersion in this topic is immediately difficult to figure out. Alternatively, you can say that it is necessary to submit income and expenses to social protection for obtaining a subsidy, and the loan agreement will help reduce the "profit" family budget... It is unlikely that a friend will go to figure it out. If he needs money, he will most likely sign the document.
2. To arrange everything through supposedly intermediaries. For example, you have money, but it is “in circulation mutual fund". To pick them up from there, you need a loan agreement. Without it, you simply cannot get this money.

You can think of other ways. But know one thing: if they are going to return the money to you, they will sign any contract. These tricks are needed so as not to offend a friend. A legally educated person will understand that all this is fiction, but he will treat such an agreement with understanding. You don't have to come up with any reasons, but simply say directly: "I'll give you the money, sign the document."

How to lend money against a receipt: a sample of writing

The receipt is drawn up in any form. But the rule is one - the more information, the better. It should contain the following data:

• Accurate information about the lender and the borrower. These are the surname, name, patronymic, registration and actual residence addresses, passport data. Remember: claim the court must be filed at the place of registration of the borrower. In the Civil Procedure Code of the Russian Federation, this is called “territorial jurisdiction”.
• Amount in rubles in words. Correct wording: "5 (five) thousand rubles", where both digital and verbal meaning are necessarily spelled out.
• If the money is taken in dollars or euros, then it is necessary to prescribe in detail at what rate the Central Bank will be returned (on the day of the loan or return). An example is foreign exchange mortgages. Many people sue banks to recalculate their debt at the rate at the time of taking out the loan. Recall that the ruble from 2014-2016 "fell" by half in relation to the dollar and the euro. One court case was even won due to the ill-considered agreement. To avoid such incidents, it is better to write everything down in more detail.
• Return period. In the absence of this paragraph the debt must be repaid within 30 days.
• Signature. Must be done by the borrower. Remember: a signature without decryption is invalid, no matter what kind of expertise is later assigned.
• Data on witnesses. It is advisable that they also put personal signatures.
• Additional terms. Guarantors, interest, guarantees, etc.

Desirable but not required

Now we know how to lend money correctly, what documents to draw up in this case. First of all, this is a receipt or a loan agreement. Now about what it is desirable to do when designing it, but not necessarily:

Is the contract interest-free?

Now let's talk about percentages. This is always a sore subject in court. As a rule, when a borrower urgently needs money, he agrees to any percentage. But, as in the famous catch phrase, "you take someone else's - you give yours." When the time comes to return the money, disagreement with interest begins, that is, no one disputes the amount of the principal debt (this is useless). They are trying to reduce interest, penalties and fines.

As for the legislation, there is no clear position here. The courts decide at their discretion what amount of interest, fines and penalties is payable. This is not regulated in any way. Moreover, Supreme Court The Russian Federation instructed the courts of lower instances to compulsorily apply the articles of the Civil Code of the Russian Federation on the reduction of interest, fines, and penalties.

Therefore, having paid 10 thousand rubles at 25% per annum with fines and penalties for each day of delay, after a few years, you can return 10 thousand + 100 rubles.

And now the other side of the coin. If the receipt does not indicate the percentage for using the money, then by default it is assumed that it is. The borrower is obliged to pay a percentage of the refinancing rate The central bank RF. It changes every year.

What is the refinancing rate?

The refinancing rate is the percentage at which the Central Bank of the Russian Federation lends to other banks and credit institutions... This amount is higher than inflation. Therefore, before you properly lend money against a receipt, you need to find out the refinancing. It is important if the amount of interest is not indicated in the receipt.

How to lend money securely

Now let's talk about the so-called security loans. Or rather, how to properly lend money at interest with collateral. The latter is usually a car or apartment.

Let's start with vehicle... The legislation allows private investors to lend money secured by a car. There are two options:

• The vehicle is in temporary use by the owner until the end of the settlement.
• The car is put in a special parking lot. Then it is necessary to take measures to ensure safety.

But what is the right way to lend money secured by a car? The main points of the agreement:

• Terms, loan rates, extension amounts.
• The subject of the pledge, its transfer (with the relevant acts, documents for the car, tickets, etc.).
• Duties of the parties.
• A detailed description of the vehicle configuration, so that in case of non-fulfillment of the contract, you will not receive a frame from it if the vehicle remains with the owner.

Remember that according to the Law on Pledge, the agreement will be invalid if it does not comply with the established form.

In addition, notaries have the right to register a transaction with a pledge in a special register at the request of the pledgee. This minimizes fraudulent schemes... For this, in addition to the services of a notary, you will have to pay a state fee. But the main advantage is obtaining the registration of the contract, which gives guarantees to both parties.

But if the vehicle has been pledged several times? Then the right to it is received by the person who was the first to officially register the transaction. A loan agreement secured by a car is considered concluded from the moment It is spelled out in the Civil Code of the Russian Federation.

On the security of an apartment

Now about how to properly lend money secured by real estate. The first thing to do is to carefully study all the documents for the apartment. She may already be on bail. Of course, this is a fraud on the part of the borrower - not to inform the lender about it, but the latter has little material benefit from this.

A deposit for an apartment, as well as with a car, is accompanied by registration with Rosreestr. In the contract itself, in addition to the main points, you can specify the rule of pre-trial alienation of an apartment.

What are the advantages of registering a transaction with a pledge in Rosreestr

The main advantage of a formal deal in a government agency is security for both parties from fraud. If the agreement has passed Rosreestr, then the apartment or car is not officially pledged. At least the state agency does not know anything about it. This means that in court the law will be on the side of the lender, who officially registered the deal.

Outcomes

Thus, we have tried to answer the question of how to lend money correctly.

The first rule is to document any amounts. Don't be afraid to ask for a receipt.

The second rule is to require collateral for a large loan. It could be a car, real estate, securities, antiques, etc. We have already said about the basic nuances of how to lend money correctly on the security of a car or an apartment. The main thing is to register all transactions through a notary in Rosreestr. Remember that if you have entered into a contract with security in this government agency, and then it turned out that you are not the first applicant for a car or an apartment, then the court will be on your side. The rule applies here - who first registered with Rosreestr, that and the pledge.

We hope that now you know how to lend money correctly. After all, forewarned is forearmed.

The transfer of money for temporary use (loan) in most cases is carried out between acquaintances and close people who do not burden themselves with the legal execution of the transaction. However, this approach is a strong risk for the lender, who, firstly, has no guarantees that he will be able to get cash at the agreed time, and secondly, it loses legal protection in case of no return.

We will tell you how to act and how to lend money correctly, so that you can accurately return the transferred funds back, and the borrower compensated not only for their use, but also honestly answered for possible deviations from the terms of the transaction.

1. Indicate your position

Probably everyone has heard about cases when a relative or friend borrowed money on parole, and then delayed the return or disappeared altogether. Of course, this does not always mean the original malicious intent, because a person can really face very difficult circumstances. But you don't want to part with your money either. Therefore, always ask the borrower for a receipt or draw up a contract. This disciplines him, and gives you guarantees. Don't be afraid of misunderstandings or quarrels. First, you are acting sincerely and simply defending your interests. Secondly, you have nothing to lose in case of failure. This is the primary point in the question of how to lend money correctly.

2. Reinforce the fact of the transfer of money

The simplest document confirming the transfer of money from one person to another is a receipt. However, it is not a loan agreement and does not completely replace it. In some cases, even if you have it, you may not receive money.

Experts and lawyers say that a receipt is the best document for securing small loans, and if large sums it is better to spend time and effort on drawing up a loan agreement. In it, you can define in more detail the interest, the procedure and schedule of payments, penalties for delay, bail, surety and other points.

3. Competently draw up a receipt

How to lend money correctly not large amount? To arrange a loan between two individuals in small volumes (from 10 to 100 thousand rubles), as a rule, a written registration of the transaction (receipt) is sufficient. If it is not there, attempts to collect money in court are often not crowned with success even if there are witnesses confirming the transfer (there are still chances, but the process becomes much more complicated). If there is a receipt, these testimonies become significant.

Written agreement in the presence of witnesses - high chances of getting the money back through the court

Surname, name, patronymic and passport details of the parties;
the exact amount of the loan, both in numbers and in words;
the fact of transfer of funds;
interest and conditions of return;
the date by which the debt must be paid;
sanctions in case of delayed return;
the date on which the document was drawn up;
signature of the parties.

The receipt must be handwritten by the borrower. This makes it impossible to declare that he did not participate in the preparation of the document, and the signature was forged. If filled in manually, the lender will be able to confirm the legality of the transaction using a handwriting examination.

Sample receipt

Important! According to the law (article 317, paragraphs 1 and 2 of the Civil Code of the Russian Federation), all monetary obligations v Russian Federation expressed in rubles. Foreign currencies can only be specified to express an equivalent.

The transaction can be made even more reliable by conducting in the presence of witnesses who can confirm the fact of the transfer of funds. But remember that witnesses do not accept responsibility for the debtor.

4. Determine the percentages

In accordance with Article 809 of the Civil Code of the Russian Federation, individuals, like banks, can lend money at interest. It is necessary to establish an understandable procedure for the payment of money - one in which the borrower, bailiffs and the court will be able to understand if the terms of the transaction are violated. Any interest can be determined by law, but if it is too high, the court can cut it to the level that is usually used for such loans (and the contract can be invalidated due to onerous conditions). You must bear this in mind in order to know how to lend money correctly if you are going to lend it at interest.

Starting from June 1, 2018, amendments are in effect in the Civil Code of the Russian Federation regarding the calculation of payments under contracts and receipts with unspecified interest:

Loans up to RUB 100,000 are considered to be interest-free, unless otherwise prescribed by the terms of the transaction;

Loans for an amount exceeding 100,000 rubles are calculated according to key rate Central Bank (established during the period when the borrower used the loan).

Please note that the law provides for a reduction in interest in case early repayment debt.

Example. You lent a friend 150,000 rubles for 1 year at 10%. He returns the full amount to you after 6 months. In such a situation, according to the law, the borrower can pay only 5% in excess of the loan amount, that is, not 15,000 rubles, but only 7,500 rubles.

In the terms of the transaction, it is possible to determine not only interest, but also fines that are imposed on the borrower in case of delay in payment. You can set a fixed or conditional amount of the fine:

You lend 60,000 rubles at 9% with a fine of 5,000 rubles in excess of interest in case of non-repayment within 3 months.

You lend 70,000 rubles at 7% with an increase interest rate twice if the borrower does not return the funds within 6 months.

You can also define a penalty that increases according to the delay. For example, if the borrower has not repaid the debt by December 31, 2018, from January 1, 2019, the use of the loan will cost 1% per day.

If you are afraid of conflict or rejection of a deal, think rationally about it. The borrower will have an extra incentive to pay off on time. And in case of failure to fulfill obligations on time, you will receive compensation for the nerves and efforts spent in court. A bona fide borrower should not be embarrassed by such conditions if he really plans to return everything on time.

If a fine is not defined in the terms of the receipt, and the debtor does not pay on time, it is possible without this condition to increase the amount of debt by interest for delay. According to article 395 of the Civil Code of the Russian Federation, the borrower is charged interest for non-repayment at the agreed time, equal to the key rate. They are charged on the amount transferred for use.

6. If it came to court

The law establishes that it is possible to write an application to the court regarding the delay the very next day after the return period has expired. This rule applies to transactions in the receipt and the contract, for which a specific return period was specified. If the parties have not determined it, Article 810 of the Civil Code of the Russian Federation says that the funds must be returned within 30 days after the first request. Confirmation of sending the claim in court is a certified letter addressed to the debtor.

A statement of claim in case of non-return must be drawn up in three copies: one for you, the second for the court, and the third for the borrower. Each copy of the application must be supplemented with a copy of the receipt. Leave the original with you - it will come in handy for the trial. For the timely processing of the application and the start of office work, do not forget to pay the state fee and attach a receipt.

7. Types of loans and a large amount of money

How to lend a large amount of money correctly? A more reliable document than a receipt is a loan agreement. It is made up when borrowing large sums. The exact amount is not specified in the legislation, but lawyers advise relying on the threshold of 100-150 thousand rubles. The contract, as well as the receipt, specifies the interest, conditions and procedure for the return, terms, fines and penalties.

For correct drafting of the agreement, you can download the template on the Internet or contact a lawyer. The second option is safer, since a professional will help you arrange an extremely safe transaction, taking into account the current legislative nuances.

Important! When drawing up both agreements and receipts, be sure to check the information specified by the borrower in the agreement for compliance with the original sources.

The lender can indicate in the contract his preferences in choosing a court in case of non-return or dispute. Since the agreement is not drawn up in writing, it makes sense to require the borrower not only to sign, but also to write the full name, surname and patronymic by hand. This information can be used to conduct a handwriting examination. The presence of witnesses is encouraged.

Please note that upon receipt of a debt or part of it, the borrower has the right to demand a receipt from the lender.

If necessary, you can also conclude an agreement for the following types of loans, which will also allow you to understand in more detail the question of how to lend money correctly:

Target. Issued for spending money for specific purposes specified in the contract. According to article 814 of the Civil Code of the Russian Federation, the lender has the right to control the use of the loan. In case of misuse, it may require early payment debt and interest (an indication of the term in the contract is required). It is important that the goals are not vague like "promoting business" or "improving health." This wording will create great difficulties for early return.

Secured property. When establishing a pledge on movable property, you must indicate all of its data (brand, model, size, color, serial number), including the cost as assessed by the parties. The property remains with the borrower, but he cannot dispose of it until the debt is repaid. When establishing a pledge on real estate a written conclusion of a mortgage agreement (with state registration) is required.

Under the surety. The guarantors take responsibility for fulfilling the obligations of the borrower. As a rule, the liability of the debtor and the surety is joint and several, that is, they repay the debt jointly, but you can specify in the terms of the contract and partial liability. According to article 365, clause 1 of the Civil Code of the Russian Federation, the guarantor has the right to demand from the borrower the amount that he spent on the performance of his debt obligations.

Hello everyone! How often do people face unpleasant situations when they try to help people with money by lending them, and in the end they find themselves deceived and abandoned. In addition to resentment and frustration, many people stop trusting others. Therefore, each of us needs to know how to lend money correctly so as not to become a victim of unscrupulous borrowers.

How to properly manage money energy

Money is energy. So that its flow does not stop, and the number of bills in your pocket does not decrease, you must adhere to following rules:

• money should always work

Americans are one of the richest nations in the world because they have learned this rule very well. All the money that comes to you as a profit should be beneficial and profitable, and not turn into a liability. For example, if you do not spend them, but make savings, then this can be done in the bank. In this case, you can get a small percentage.

You must do the same with the money you borrow. If you give funds without demanding anything in return, then this can be perceived by the universe as a signal that they are superfluous. This will be taken into account, and with the next financial receipt, the amount of money in your budget will decrease. Therefore, before borrowing, take symbolic "interest" from the borrower, let it be a couple of coins or a chocolate bar. In this way, money law will not be broken, and you will receive "profit".

Some people specifically lend at interest. In some cases, the profit is much higher than in the bank. Now the functions of usurers in most cases are performed by banks.

• remember about

In our world, financial energy is unevenly distributed, some have a lot of it, and some have very little. To balance this, many people make voluntary donations to help the poor. This serves as a kind of gratitude to the universe for having money.

If a relative asks for a loan, but you understand in advance that he will not be able to give it back, then think about whether you are ready for such a charitable step. If so, lend with a light heart, and life will reward.

When the question arises of how much to lend to a person, difficulties immediately arise. Especially if the answer to the question is "how much is not a pity." This puts in uncomfortable position both, it turns out, a person not only asks for money, but also an assessment of himself in material terms. In this case, you need to focus on how much money you would give the borrower free of charge.

• do not lend to someone who cannot give

If you notice that the amount of finances you have has become much less, then analyze your recent actions, why could this happen? Perhaps they made unreasonable spending or forgot about charity. Don't be greedy. Avarice leads to monetary stagnation and poverty. Finance should be constantly in motion, and bring at least a small, but profit. Reconsider the principles of maintenance, perhaps an item of expenditure is being conducted irrationally.

How to lend money correctly

It happens that friends or relatives apply with requests to lend money, and it is inconvenient to take an IOU from them. What to do in this case, everyone decides for himself. Someone is patiently waiting for the return, someone insistently demands a debt, and someone simply resigns himself to the fact that he will never see this amount again.

There are several ways to help identify unscrupulous borrowers:

• via

Start a humorous conversation about the need for an IOU and see how the person reacts. If he easily agrees and promises to return on time, then you can trust him. If he begins to evade and put pressure on related feelings, then he is already pre-configured not to give the requested amount to you. Many unscrupulous people do this. Unlike a bank, you will not send collectors and make threatening calls.

• clarification of terms

Also, a good "litmus test" will be a conversation about the timing of debt repayment. If a person shirks and says something like “we’ll be numbered” and “give it back soon,” then you will not see your money for a long time. However, it is necessary to prescribe the time frame to prevent problems in the event of litigation.

• psychological conversation

Often borrowers like to put pressure on family feelings, if they begin to reproach or blackmail you, begging for a debt, then, in most cases, in such a situation, it is better not to give money. Because they came to you with the aim of "wringing out" them.

Before lending money to a trust person, you should think carefully and weigh everything carefully. Otherwise, you may never see this amount again. Because not only friends, but also relatives are lost because of money.

How to draw up an IOU

When borrowing a certain amount, an agreement is usually drawn up, its analogue is an IOU, which can be safely presented in court. In order for it to have full legal force, it is necessary to correctly draw up it. If it is lost or damaged, it will be almost impossible to prove the debt obligations, therefore, such a document must be treated carefully. The basic rules for drawing up an IOU are:

Handwriting.

The IOU must be in handwritten form. You can print the text and subscribe to it, but such a document will have less legal force. The document should be written with one pen and the same handwriting. The IOU is kept by the lender until it expires.

An indication of the amount borrowed.

The text of the document must contain the amount occupied, as well as the full name and passport data of both parties. When drawing up a document, it is imperative to check that all data are genuine without errors.

Indication of the amount of interest and forfeit.

These numbers must also be prescribed without fail, so that there are no questions about the size of the penalty.

Expiry date.

In the absence of the expiration date of the receipt, problems with debt obligations may arise. Of course, this contract cannot be recognized as perpetual; in these cases, the validity period of the document is set at 30 days.

Russian law does not oblige you to visit a notary when drawing up an IOU, but if the fact took place, this will be an additional plus in legal proceedings.

If witnesses are present when drawing up an IOU, their signatures on it are also necessary.

A contract for a loan of funds must be drawn up if the amount exceeds the established minimum wage threshold by 10 times. But it is recommended to draw up a document of this kind and for smaller amounts.

Judicial aspects

Unfortunately, you can often come across cases of default on debt obligations. As you know, you take someone else's for a short while, and you give yours forever. If, upon the expiration of the bill, the borrower does not return the required amount, then the lender may apply to the court with a statement of claim. It is drawn up in triplicate.

One goes to court, the other to the defendant, and the third remains with the plaintiff. V statement of claim specifies the essence of the claim, as well as the amount of the requested forfeit. When filing a claim, you must pay a state duty in the amount of 2500 rubles. and attach the help to the document.

The IOU must be written by hand in order to carry out a handwriting examination if the defendant refuses the fact of the loan. If the text was printed, then it is much more difficult to establish its authenticity. Since the types of signatures are different for people, some have it voluminous, and some have a small hook. In this case, the material for the examination will not be enough.

Another interesting nuance is that the amount borrowed must be clearly stated in the document. If this is not done, then the fact of the loan can be challenged in court, i.e. they planned to do it, but never did it.

If you forget to write down the terms of return, the debtor may think that the document is indefinite and will be partly right. It is also necessary to prescribe the interest that you want to receive from debt money and the amount of the penalty. It is better to prescribe it as a percentage, since the refinancing rate is very low.

When repaying the debt, the borrower needs to take back the IOU with the signature of the person who received the debt. If this is not done, then some dishonest creditors may once again demand a debt from you.

If you forgot to write the amount of the penalty, you can demand it in court. Since the debtor used your funds. The amount of this compensation in accordance with Article 395 of the Civil Code of the Russian Federation can be up to 10% per annum.

To stimulate the debtor to pay off the debt as soon as possible, you can prescribe the amount of the fine. If grievances and questions arise, you can simply answer: "The notary told me to do so, but I hope that you will return everything on time, and it will not affect you."

After drawing up the claim, the defendant will be obliged to appear in court on a summons. If he does not do this, then the court sends bailiffs to him for the purpose of driving or inventorying property against debt or forfeit.

When drafting documents, there are some nuances that can greatly facilitate litigation on cash loans... The basic rules are:

- it is impossible to prove the fact of transfer of money by testimony

Therefore, when transferring a certain amount of debt, it is better to fix everything in writing, since in this case only the lender is at risk. And in case of refusal to return funds, he takes all the risks. To be on the safe side, the person lending must provide himself with some guarantees.

- the transfer of money is better carried out at a notary

The lawyer will not be able to confirm the process of manipulating money, however, if controversial situations, can act as a witness at the trial.

- write in the contract a forfeit as a percentage

It is profitable to do this, since the refinancing rate is low. If the forfeit is not spelled out in the contract, then it can be collected in accordance with Article 395 of the Civil Code of the Russian Federation. But if the amount of the forfeit is already specified in the contract, then it is impossible to collect two amounts at the same time.

- correctly compose the text of the receipt

Incorrect wording in the document may cause confusion in court. Also, a common mistake is to write the received amount in numbers only. In this case, it is not difficult to fake it by signing an extra zero to the amount or reduce it. Therefore, the borrower must write the borrowed amount in capital letters in brackets, next to the Arabic letters. Always indicate the period when you need to repay the debt.

– remittance through a bank

In addition to drawing up a contract and an IOU, financial operations can be done through a bank. He will issue a paper confirming the fact of the transfer financial resources... This will be an indisputable fact in court, in case of refusal to return the money.

- carefully draw up a contract

Sometimes, when drawing up a debt agreement, it is prescribed in it that the presence of an appropriate receipt is required. If there is none, then the lender will not be able to recognize the fact of transferring money, even with an agreement in hand.

- limitation period

The deadline for the fulfillment of obligations under the IOU, according to Russian legislation, is three years. After this time, the court may refuse to return the debt.

In some cases, not only borrowers, but also lenders are deceiving, trying to get money on an IOU several times in a row. Be careful, after the debt is repaid, demand to return this document... If the lender refuses to do this, then you have the right to suspend all payments under legal action... Since in this case the law is on the side of the debtor.

Folk omens about borrowing money

Almost everyone knows some money signs... The most common ones include:

• you need to give and take money only on the growing moon;
• conduct financial transactions in the light;
• do not lend money in the evening or at night;
• do not give money from hand to hand;
• you need to take money with your left hand, and give it with your right;
• before you give it away, the money needs to be rolled up;
• repay the debt in large bills;
• do not look into the eyes of the person to whom you are lending;
• do not lend on Sunday, Monday and Tuesday;
• you cannot lend on church holidays, you can only give alms;
• do not accept debts in small coins;
• don't put money on the dining table.
• do not give money containing a deuce, they will not be returned to you.

Whether or not to observe such signs is a personal matter for everyone. One of the modern and accurate signs that always works, in this case, is the drawing up of an IOU or a cash loan agreement.

Now you know how to lend money correctly. Write your comments to the article, share your opinion! Until next time!