When is a No Claims Receipt used?

What is a No Claims Receipt?

A no-claims receipt is a written document that contains information that the claims against a party to a disputed case are no longer relevant.

The receipt has legal force, but not in all cases. In some of them, the receipt will not have legal significance, therefore, the claim will remain valid. These are the situations:

1. The receipt was drawn up by a person who is not legally competent.
2. The receipt was drawn up by another person, although it bore the applicant's signature. When presented in the courtroom, the document is considered void.
3. Invalid by operation of law. For example, spouses write each other a receipt stating that they have no claims regarding common property. For the court, this document has no meaning, since jointly acquired property is divided equally between husband and wife, unless a marriage contract is drawn up.
4. The person does not have the authority to sign the receipt.
5. Contesting the receipt in court. The citizen who wrote it can demand that the judge in the courtroom cancel this document.

A receipt is valid if it is drawn up by a legally capable person. It is presented as part of pre-trial proceedings, as well as when considering a dispute in court.

The essence of the document is confirmation by one of the parties to the transaction that it has no claims against the other party (all obligations have been fulfilled, there is no subject of dispute)

Is it required to be certified by a notary?

This is a simple legal document that does not require notarization. If there is a need (or desire of either party), you have the right to have the receipt certified by a notary. But keep in mind that the initiator will have to pay for this service.

Notarization is an unnecessary step. Do you need to improve the legal status of a document? Invite witnesses. If you sign a deed or agreement to repay the debt and no claims, involve two or three people. They will sign the document and additionally confirm the fulfillment of obligations.

In what cases and why is this document drawn up?

A No Claims Letter is issued in certain cases. For example:

1. Execution of work. A private master works in the apartment and makes repairs in it. After completing the work, he can ask the owner to write him a receipt stating that he has no complaints about the quality of the repair.
2. Accident. If drivers agree at the scene of an accident that they have no claims against each other and do not call traffic police officers, then they should issue a receipt.
3. Repayment of debt. This is the most common option. For example, a citizen lent a certain amount of money to another person. The latter returns them on time and demands a receipt from the lender stating that the latter has no financial claims.
4. Upon termination of contracts of a civil nature. For example, credit, rent, contract. It is necessary that it is obvious from the receipt that the debt, if it was incurred to a specific person in a legal relationship, was repaid in full.

IMPORTANT! A receipt is required if the agreement is concluded orally: the law in some situations allows the use of this form of agreement.

Waiver of a claim can be drawn up both at the time of completion of the transaction and during pre-trial or judicial disputes

What information should the receipt contain?

The document is usually drawn up by hand.

Rules for document execution:

1. Waiver of claims is formed on an A4 sheet.
2. We write the name of the document. This is done in the middle. There should be no punctuation marks around the word “receipt”.
3. Indication of the addressee: passport details, residential address.
4. Information about the note writer. His passport details and contacts are also written down.
5. If the receipt is drawn up in the presence of witnesses, their passport details are entered into the document, indicating existing contacts.
6. If a receipt, for example, is drawn up for a loan agreement, then it must indicate information about the agreement under which the claims have been repaid. The following data can serve as information about the loan agreement:

• contract number;
• his name;
• date of conclusion;
• the day of termination of legal relations between the parties, etc.

When returning money, the receipt must indicate the amount that was transferred to the lender.

1. If an organization or company appears on the receipt, then the legal entity’s seal must be affixed to the document.
2. An indication of the circumstances in which a document may be contested. For example, this is information about whether this document can be challenged in court proceedings.
3. Date of preparation.

How to compose

The law does not regulate the procedure for writing promissory notes. Compose a document in free form or use samples.

1. FULL NAME. and passport details of both parties. And if one of the parties to the transaction is a legal entity, then its full name.
2. The basis for the emergence of a relationship: details of the agreement, employment contract, GPC.
3. Fact of fulfillment of obligations: delivery of goods, performance of work, provision of services, return of money, material report.
4. Waiver of claims.
5. Date of writing, signatures of the parties and witnesses (if any).

This information will give the letter legal status. Always write by hand: If legal proceedings begin, the judge will initiate an examination of the defendant's handwriting to determine the authenticity of the document. If you certify the fulfillment of obligations in printed form, provide identifying information (TIN, OGRN, contacts).

The main requirement for drafting is clear, unambiguous wording. Always describe the essence of the legal relationship and the result: fulfillment of the relationship and waiver of demands.

Use a sample receipt to fill out stating that I have no complaints (suitable for any situation).

______________ "__" ___________20___

passport: _______ No. ______________ issued _____________________,

READ What to do if your ex-husband does not pay alimony and does not work officially

residing at: _____________________,

I have no complaints against ____________, in connection with ____________________________________________________________.

Rules for drawing up and processing a document

Samples of receipts for refusal of claims show that the documents are drawn up in writing, on A4 sheets. In terms of writing style - in your own hand or via a PC, the law does not impose mandatory requirements. Thus, it is permissible that the receipt be prepared in any of these ways.

The one who writes the receipt, no matter whether it is a person or a representative of an organization, that is, a legal entity, must adhere to the rules of compliance with the structure of the document. In particular:

1. A legal entity usually has a special form designed to waive claims. This form is not relevant for citizens; it is enough to write your data and registration address in the document.
2. If the paper is drawn up on behalf of an organization, then it must contain the originating number, the name of the counterparty, the organizational form of the enterprise and its legal address.
3. If the legal entity refuses claims towards its counterparty, then on paper you need to indicate data on the claim previously sent to it. In particular:

• date of claim;
• her outgoing number;
• mail notification number.

1. The refusal must indicate on what basis the claim is being withdrawn. For example, this could be a refund, error, cost coverage, product replacement, etc.

These are the basic requirements for the structure of the receipt.

Features of issuing a receipt for no claims

The waiver of claims is a legally important document. Therefore, it must accurately formulate the factual circumstances that led to the waiver of the requirements.

The nuances of writing a paper about the absence of claims in rental relations

In this relationship, at the request of the landlord, the parties agreed to end the lease amicably, but early. This allows them to do this under the Civil Code of the Russian Federation. The landlord is obliged to pay the tenant compensation in monetary terms, but at the time of returning the premises he has not yet done so. In this situation, drawing up a receipt is inappropriate, since one of the parties has not yet fulfilled the obligation under the agreement.

When handing over the act (on acceptance of the premises), it is necessary to indicate the scope of what has been performed under the agreement and state that the absence of claims on the part of the tenant is relevant only in relation to what has been done to date. For example, you can add a phrase that the lessor has no claims against the other party in connection with the condition of the premises given back, which was previously the subject of the lease agreement.

Debt repayment receipt

This document is important, first of all, for the debtor. It indicates that the money was transferred to the lender, timely and in full. Therefore, when drawing up a receipt, you need to be extremely careful: if it is found not to comply with the law, then it is very difficult to prove the fact of transfer of money.

The debtor has every right to demand a receipt. The lender's duty is to issue the paper. The essence of its writing is that the borrower gave the money in whole or in part. And the lender accepted them.

A receipt between individuals confirming receipt of the debt amount is extremely simple in content. For example, you can state that the lender confirms the repayment of the amount (in words and figures). In the next sentence, write that you have no complaints against a specific citizen (last name, first name, patronymic, year of birth). The paper must be dated and signed by the lender.

Refund through insurance company

There is a list of nuances that are associated with the return of funds through an insurance company in case of an accident. To complete the presented action, it is important to provide the following documents.

1. A documented protocol that indicates the fact of an accident.
2. Evidence of physical damage to the vehicle: photographs or expert opinion.
3. Provided receipt, which indicates the completion of this and the transfer of the document (European protocol).

Important! Release from all claims in any case is accepted only in court. The basis for this is a receipt.

In the event of an accident, you can get your money back through the insurance company, but you also need to provide a receipt there.

In what cases does a receipt lose legal force?

A receipt may be void based on the fact of writing. There are certain reasons for this. They need to be understood so as not to waste time and effort on the useless task of drawing up an illegal document:

1. Writing a document by a person who does not have the right to do this action. For example, a person wrote a receipt, and a second person signed it.
2. Preparation of paper by minors.
3. Drawing up a document by a person who is not responsible for his actions due to an existing mental illness.
4. Lack of necessary details in the document.

The receipt can be written either at the stage of a claim settlement of a controversial problem, or presented to the court. But it loses its legal significance if in the courtroom a person asks the judge to annul it, because he has decided that he still has claims against the other party.