Financial transactions that are carried out between individuals without the mediation of lawyers or witnesses are usually confirmed by receipts. That is, one entity gives money to another if he does not have the required amount of funds, and the borrower promises to return them in a timely manner. A document of this format is drawn up in any form, written by hand, and contains all the information about the completed transaction and a signature.
But whether it is necessary to have a handwritten receipt certified by a notary, what benefits this provides, and when this practice should not be neglected are questions that require additional consideration. If errors and corrections are made in the paper, then it cannot be considered valid, so a new receipt should be written so that it is indisputable evidence that the creditor is right in court.
Is certification required by a notary?
A handwritten receipt must be notarized to avoid unnecessary claims from one of the participants in the transaction, the subject of which is financial assets. If a person lends money, then he needs a guarantee that in the event of cooperation with an unscrupulous borrower, he will be able to return his funds back. A certified notarized receipt has legal force in court, helping in 100% of cases to prove to the victim that he is right.
Using the services of a lawyer is an optional step in drawing up formal documents, but repaying a debt on an uncertified document will be a difficult task if the debtor does not want to return the money. A receipt certified by a professional notary acts as a guarantee certificate for the lender. Because of this, when lending a large sum of money to acquaintances, friends, or neighbors, you need to be on the safe side once again.
Why do you need a receipt?
The parties, by mutual agreement, may specify additional conditions in the document. For example, penalties for late repayment of debt: interest, penalties, lost profits, etc.
What is a receipt and why is it needed? This is a document designed to record:
- The fact of concluding a loan agreement between the parties;
- The fact of transfer of money from the lender to the debtor.
Please note! The law does not oblige citizens to draw up a receipt when transferring money in an amount less than 10 thousand rubles. If the loan is more than the specified amount, then such relations must be secured with a receipt.
Naturally, most citizens enter into verbal agreements to loan money, but in such a situation it will be very difficult to prove something in court.
How to get a receipt certified by a notary?
The contract is certified by a notary according to the standard algorithm, but before proceeding to this point, the user must correctly draw up a document of the confirming type. The agreement can only be signed by a notary, but no one prohibits inviting witnesses; this will be a factor of additional protection. The paper must be written by hand in 2 copies, dated and signed, and indicated that the parties have no claims. Without knowing the rules for drawing up this paper, you can ask a specialist not only to certify the document, but also to help with its preparation.
When the text is ready, signatures are placed, certification proceeds according to this algorithm:
- go to the office of a specialist involved in this practice;
- give time to the specialist to familiarize himself with what has been written;
- if there are errors, correct them;
- wait until the specialist puts a stamp and signature;
- pay the cost of the service.
A receipt certified by a practicing notary becomes a full-fledged agreement, the conditions of which must be observed. There are many cases where a receipt is incorrect, and if it has not been certified, then the creditor will not be able to prove his case in court.
Notarization of receipt
A receipt or a sample receipt for receipt of money does not require mandatory notarization. As stated above, a written document subject to certain conditions is sufficient. At the same time, the parties are not prohibited from engaging a notary to formalize their financial relations. The notary considers such a relationship as a loan transaction. He will most likely draw up a new document using his own template, based on the parties’ receipts, and will have it certified. In this case, it will be mandatory for both parties – the creditor and the debtor – to be present at the notary.
The big advantage of a notarized transaction is that its terms do not require proof in court. In case of non-repayment of money, the creditor will be able to contact a notary to issue a writ of execution. The presence of a notary's writ of execution is the basis for the bailiff service to begin the collection procedure - enforcement proceedings. Thus, the creditor does not need to go to court at all. This is certainly a positive innovation.
It is advisable to contact a notary even in the case when it comes to transferring a large amount of money - this way you can get more guarantees for its return.
How much does certification cost?
The form of a debt agreement is arbitrary. Its notarization is not required.
If, through the operation, a person wants to receive a 100% guarantee of productive cooperation with the borrower, then the price of giving legal force to the paper will depend on these factors:
- the subject contacts a public or private lawyer;
- what region the person lives in (prices may differ in different areas and regions);
- what object of the contract are we talking about;
- how quickly the client's request needs to be fulfilled.
To find out the approximate prices of the service, there is a free consultation with a lawyer, which will help you obtain complete, reliable information about the points of interest to a person.
Special cases when notarization is required
If the borrower receives a large amount of cash in hand, then the creditor needs to notarize the receipt written by the debtor. There are cases in which only a legally certified receipt is considered genuine and they are as follows:
- the loan amount exceeds the debtor’s salary by approximately 10 times;
- both parties to the agreement are supporters of the official certification of the paper;
- The parties want to be completely sure that their agreement is legal.
Borrowing money against a receipt is more profitable than taking out a loan from a bank, so the system for processing and certifying such documents is well-established and allows everyone to use this service. A notary’s certification is direct evidence of the competent drafting of a transaction, which will be 100% useful in court.
Expert advice
Most often, gullible people fall for the bait of scammers, so you need to be vigilant and arrange everything according to the law with the participation of a notary or bank as a guarantor of security. It is dangerous to transfer money to the seller before registering ownership rights. The safest option is a safe deposit box or letter of credit. Consider the advice of lawyers:
- It is not advisable to split the cost of real estate into several amounts unless absolutely necessary.
- One of the parties often offers to underestimate the amount specified in the contract in order to avoid paying taxes. In this case, the home buyer is at great risk.
- It is forbidden to give access to the safe deposit box to unauthorized persons.
- The real value of the property must be specified in the contract.
- Cashless payment is beneficial only if the accounts of the seller and buyer are opened in the same financial institution.
- It is better to transfer funds when the agreement is registered with Rosreestr.
If you decide to pay in cash, then you should do this immediately after concluding the purchase and sale agreement in the presence of a notary or an employee of a government agency. In this case, the receipt will be the only document that confirms the fact of transfer of money.
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.
Features of drawing up a receipt
A receipt for receipt of money can be drawn up in simple written form, that is, written in hand by the person receiving the money. The document is filled out with a regular pen on a regular piece of paper, without any certification, including notarization.
A very important condition for the validity of a receipt for receiving funds and the ability for the creditor, in the event of non-repayment of money, to go to court for protection, is compliance with certain rules and requirements for what information must be indicated in the receipt.
For a person lending a certain amount, it is very important to carefully consider the document that he receives in return. This document will be the only evidence of the existence of the debt and should represent not just a piece of paper, but a serious basis for the court when making a decision.
The text of the receipt for receipt of funds can be written “by hand” in full or printed on a computer or typewriter, and the debtor only affixes his own signature. Either option can take place, but lawyers still advise the first one. With a large text written in the debtor's hand, it will be easier to prove its authenticity through examination in the event of a dispute about the forgery of the receipt. And of course, the handwriting should be as legible as possible, understandable and not leave any doubts or discrepancies. It can also be a completed sample receipt for receipt of funds drawn up by a lawyer.
The debtor's signature is made in his own hand. It’s a good idea for him to write his full name, patronymic, and last name next to the signature, especially if the rest of the text of the receipt is printed. The more hand-made text in the receipt, the more guarantees for the creditor that the debtor will not repudiate his obligation, and that the examination will prove the absence of forgery.
