Receipt: official document or toilet paper

Let's figure it out, a receipt is an official document in court. And can the receipt be used as evidence?

The other day, a distant acquaintance called me asking me to borrow money against a receipt to buy an iPhone 7 Plus as a gift for his girlfriend.
Refused. And then he turned to a lawyer to understand the issue of the value of such pieces of paper as legal documents. Also interesting: Feature of the Moscow metro: how to understand which direction you are going.
I collected the data obtained in an article for our readers. It will be useful in life.

Note! The information presented is valid for Russia. Discuss the situation in your country with a local lawyer.

What is a receipt?

A receipt is a handwritten document that records the relationship of two or more persons in a particular area. Most often, it turns out to be confirmation of a loan of funds, transfer of documents for temporary use, and so on.

According to their purpose, receipts are divided into several main types:

Receipt for child support, which is due to one of the parents living with the child until adulthood
A receipt for no claims, which confirms this fact in case of damage to health, property, etc.
A receipt for receipt of documents or securities, which confirms the need to return them at a specified time
A promissory note confirming the transfer of a specific amount of money and the need to return it at a specified time - the most popular type

The receipt is drawn up in one copy and remains with the party to whom the money, documents, etc. should be given.

The concept of a correctly drawn up receipt

In order to prevent the further emergence of various kinds of disagreements and any kind of difficulties, the lender must make sure that the receipt is drawn up correctly. This is, first of all, in his interests. But information on this matter will definitely be useful to the loan recipient - this way there is less chance of being deceived.

Table. Rules for drawing up a receipt by hand

Position	Explanation
The receipt is written by the recipient of the loan or other service	In this case, handwriting should be as legible as possible. If a controversial situation arises, authorized employees will be able to conduct the necessary examination and establish the authorship of the document.
The receipt contains passport details	The lender must require the borrower to indicate not only his full name, but also his date of birth, place of residence, passport series and number. Many people have a full namesake. Indicating the above information in the receipt will help avoid misunderstandings and reliably establish the authorship of the receipt. The law does not require the lender to provide such information. The presence of a receipt from the lender is already confirmation of the transaction with his participation.
The receipt indicates the contacts of the parties	For prompt communication when the need arises.
The contract contains all significant conditions	The transaction amount, terms and conditions for its return, penalties for delays, etc. must be indicated.
The receipt must be drawn up clearly and without corrections	Additions, strikethroughs, provisions with the possibility of double interpretation, etc. unacceptable.
It is recommended to write the receipt with a ballpoint pen	In this case, the possibility of conducting an appropriate examination will remain for a longer time compared to gel and similar pens.

How to write a receipt correctly

In order for the receipt to become a legal document and not turn into a substitute for toilet paper, it must be properly executed.

Example of a receipt. Clickable.

Pay attention to 10 basic nuances of the receipt:

The receipt is written by hand (not printed)
The name of the document should be in the middle - “Receipt”
Below the name on the left is the name of the city (“Moscow”)
On the right opposite the city is the date in full (“March 20, 2010”)
Last name, first name and patronymic are written in full (“Ayfonov Ayfon Ayfonovich”)
After your full name you need to indicate your full passport details (series, number, who issued it), date of birth, address of residence - this is necessary for both parties
Amount of money in numbers and words (or description of another benefit transferred)
Name of the currency (or other nuances of the relationship)
Date of return of money (documents, etc.)
Below the text on the left is the date of the signature, and on the right is the signature of both parties (it should resemble the passport as closely as possible)

If the receipt was drawn up in front of witnesses (two or more), their signatures, like those of the parties to the transaction, will also come in handy. This condition can be considered optional, but desirable.

Requirements for an uncertified receipt

According to the legal decision of the judge, the legal force of an uncertified receipt is manifested only if everything was done correctly when writing it. If the document is not certified, in this case its structure must be clear and correct, meeting the following requirements:

a document of this type must be written by hand;
The recipient of the funds must write the document in his own handwriting;
there is a need to set the exact date of drawing up the paper, because its legal force has a period that is equal to three years;
the document must include passport data of both the borrower and the entity lending money, indicating who is which party to this type of relationship;
when the object of the agreement is not cash, but a specific item, you need to draw up a detailed description of all its qualities and characteristics;
if the object of the agreement is a vehicle, then its engine number, model, make, body type, VIN code and color must be written down;
you need to write in detail about the conditions for issuing a loan and the rules for repaying it;
when funds are issued for use at interest, their quantity is clearly indicated;
the data and amount of debt must be indicated in numbers and displayed in words;
the currency in which the debt was transferred must be indicated;
when renting out an apartment, when this is done against a receipt, you need to clearly describe all its characteristics, indicate what property is located there;
the exact deadline for the return of borrowed movable or immovable property, as well as money, must be present.

After signing the paper, you need to decipher the signature, because only then will it be valid without notarization. If the amount of interest indicated on the receipt is equal to the bank loan rate, then the borrower is better off choosing the second option, because it is more practical.

Sample of an uncertified receipt

According to the debtor's documents, it is worth additionally checking the information written on the paper, since unscrupulous people indicate incorrect data, and creditors are then unable to prove anything. Conducting a transaction using fake documents has become relevant, because it cannot be challenged, and scammers make money from it.

A receipt that is not certified by a notary has legal force if it is written correctly. The paper can indicate not only the object of the loan, interest, repayment period, but also what will happen if a person does not return the borrowed item or money on time. Having done everything according to this list, you can consider the receipt to be correctly drawn up, so you can do without a notary and additional cash costs.

What legal force does a handwritten receipt have?

The norms of Russian legislation do not imply that the receipt must necessarily be printed - it can be made in any form.

Moreover, a handwritten receipt is easier to identify by handwriting, making it even better than a printed one.

If the situation has reached court proceedings (alimony is not paid, claims are made, documents or money are not returned, and so on), and the author of the receipt refuses his obligations, the receipt will become excellent evidence in court.

The witnesses in whose presence the receipt was drawn up will also be very helpful here.

How to write a statement of claim to collect a debt against a receipt?

We draw up a statement of claim for collection of debt on a receipt according to the rules of Art. 131 of the Code of Civil Procedure of the Russian Federation - here everything is about the form and content of the claim.

What is important when filing a claim:

1. Correctly calculate the cost of the claim, provide a calculation of the requirements.

It is important to correctly calculate the cost of the claim; the amount of the state duty depends on it (online calculators) and jurisdiction - which specific court to apply to.

Important! We count only in Russian rubles (Article 317 of the Civil Code of the Russian Federation). If the debt is in foreign currency, we convert it into rubles at the exchange rate on the day when the debtor was supposed to return the money.

The cost of the claim is equal to the amount of the principal debt plus interest (penalties, fines) under the contract. If the agreement does not contain a clause on interest, and it does not say that the loan is interest-free, we consider it according to Art. 809 of the Civil Code of the Russian Federation and the key rate of the Central Bank. You are also entitled to interest on the use of your money under Art. 395 of the Civil Code of the Russian Federation.

Important! The interest on the receipt should not be too high. If the amount is two or more times greater than the interest at the Central Bank rate, the court may reduce the amount of claims. If the obligation is violated by a person carrying out entrepreneurial activities, the court has the right to reduce the penalty, subject to the debtor's application for such a reduction.

We will not provide formulas and examples of calculations here. We will help you calculate the cost of the claim individually for each applicant.

2. Describe in detail the circumstances, conditions and terms of the loan, write the full name and contacts of witnesses (if any).

Be sure to refer to the provisions of the Civil Code of the Russian Federation and available evidence in the text of the application (attach to the application as a list of attachments).

3.Collect the necessary documents and attach them to the claim (we will provide a list).

In addition, if the amount of debt is large, indicate in the claim or draw up a separate petition for the imposition of interim measures so that the debtor does not hide himself, withdraw money from accounts and “hide” property.

Do I need to notarize the receipt?

Not necessary, but possible.

Here are the benefits of notarization:

The notary can check the legality of the transaction as such
Notarization more easily confirms the identity of the person who wrote the receipt.
A receipt with notarization is more likely to be accepted by the court as evidence

But the services of a notary cost money, so they are not used so often.

I think in this case you need to focus on the seriousness of the transaction. If we are talking about a relatively large amount of money or important documents, certification is required. Otherwise, as desired.

What can be the subject of a loan

In most cases, the subject of the loan is cash, but this is not necessary. Raw materials, materials, and other things and items can be provided on loan. In addition, according to Art. 818 of the Civil Code of the Russian Federation, debt on rent (real estate, production tools), as well as that arising as a result of a purchase and sale agreement, can be replaced by a debt (loan) obligation.

An agreement (document) on borrowing relations is drawn up between legal entities and individuals. At the same time, the notarized form of the loan agreement is not mandatory; it is certified voluntarily, by agreement of the parties.

Let's summarize and draw conclusions

Let's briefly and point by point:

The receipt has legal force and can be used as evidence confirming something in court, the main thing is that it is drawn up correctly
A handwritten receipt is even more powerful than a printed one, because it can be used to more accurately identify the author - make sure that the signatures match the passport
Additional witnesses to the preparation of the receipt - they will come in handy
Notarization of the receipt would not hurt – it makes it easier to determine the author of the document

And most importantly, lawyers argue that receipts should not be compared to toilet paper. So use it.

Please.

Have you encountered promissory notes or other receipts? If yes, be sure to share your personal experience. I'm sure it will help many.

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