Posted 30 марта, 11:58
Published 30 марта, 11:58
Modified 30 марта, 14:32
Updated 30 марта, 14:32
Borrowing from friends is sometimes a more preferable option than a bank loan, because interest is most often not asked. Unfortunately, sometimes debtors, taking advantage of a good attitude towards themselves, delay the repayment of the debt or even try to "forget everything". They say if you want to lose a friend, lend him money. How to insure against non-return? Experts of the Center for Financial Expertise of Roskachestvo explain.
From the point of view of legislation, any transactions between citizens exceeding 10,000 rubles must be recorded in writing in a simple form (Article 161 of the Civil Code). If you borrow a smaller amount, you can do with an oral agreement, but the law does not prohibit, and in this case, draw up a document that confirms that you have lent money.
To make such a deal with your friend, it is best to sign a contract or take a receipt. Receipt – reflects the fact of the transfer of money. Contract – contains specific terms of the transaction. An extended receipt is a receipt that contains the terms of the transaction (that is, combined with the contract).
Without a fixed fact of the loan, you can only rely on the conscience of the borrower. If you know that it sometimes flounders, it is better to refuse a loan so as not to be left without money.
A receipt in free form, contrary to stable ideas, simply records the fact that money is transferred from one person to another. When drawing up a receipt, you need to comply with certain conditions that make it a more reliable proof of the transfer of money:
The note does not need to be notarized. This is an easy way to get a loan, but the legal force is relatively low. The Supreme Court in one of its decisions noted that all errors in receipts are risk factors of the lender, and they are interpreted not in his favor.
If you want more guarantees, then sign a loan agreement.
The execution of the contract has another advantage: if the borrower does not return the money on time, the lender can contact a notary, get an executive inscription from him and try to recover the money without going to court through bailiffs.
If you want to use an executive inscription, you must warn the debtor about it. To do this, send a notification letter no later than 14 days before receiving the executive inscription. You can apply for an executive inscription to any notary.
It is important to take into account that if the established interest rates are two or more times higher than the average interest on such loans and borrowings (for example, you can compare them with comparable credit products from banks), the court may subsequently reduce them (Article 809 of the Civil Code of the Russian Federation).
If the receipt or contract does not say anything about interest, it is considered that the money is lent without them. If the borrower repays the debt before the agreed deadline, interest is calculated for the period of time that has actually passed since the conclusion of the contract (writing a receipt).
After all the money is paid, the borrower will probably ask you to write another receipt – that you have received back the entire amount in full. This will be his guarantee that all obligations on his part are fulfilled. Also, a bank statement can serve as proof if a bank transfer was carried out.
Do not forget that if you only have a receipt in your hands, then it probably is not serious evidence and can be challenged. If you have a contract, it significantly increases your chances of establishing justice. You can also (subject to certain conditions) contact the bailiffs.
The receipt has a validity period of three years (Article 176 of the Civil Code of the Russian Federation). It is during this time that you have the right to go to court and demand that the borrower return the money transferred to him to you. The beginning of the countdown of this period is from the day when your rights were violated, that is, from the day after the day that you determined as the deadline for repayment of the debt.
You can also restore the statute of limitations, this is done through the court. But there you will have to prove that you had good reasons why you did not apply to the authorities earlier.
The court will accept the claim for consideration regardless of whether the statute of limitations has expired or not. But not everything is so simple, in the course of the proceedings, of course, it will be necessary to argue why during the time allotted by the law you did not attempt to recover the funds in debt.
"Don't pull! If your rights have been violated, if the debt fixed on paper is not returned, immediately begin to take those actions that will restore justice. Well, if you borrowed money "on your word of honor", without a receipt and a contract, and the debtor is in no hurry to return them, then there is nothing you can do. If the wise advice is to borrow to a friend only the amount that you can part with without regret", - summed up Igor Pozdnyakov, Deputy head of the Consumer Protection Department of Roskachestvo.