Rus Articles Journal

To take away as a loan

Russians gradually get used to borrow at banks: in total - to raise money on acquaintances - not the most pleasant procedure. Even less pleasant - to lend: there is a risk to turn from the creditor into the philanthropist. How to lend money by rules to remain at the, the correspondent of “SP“ Elena Malik found out.

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No doubt, are able to refuse asking not everything. Of course, there are universal answers it seems “the old man, itself without kopek“, but the few resort to them, risking to pass for people, stale and indifferent to others problems. And we give, without having made secure in case in a month your borrower will make round eyes and will tell: “What money, about what you?“ Or will simply cease to answer calls and will go to a deaf underground. If the sum of a loan was not too big, still it is possible to forget about it. But other debts cannot be remitted. Your own financial position does not allow such luxury. The law protects the rights of the creditor. The main thing that the debt relations were issued properly.

Written to trust

According to Art. 161 of the Civil code of the Russian Federation (Civil Code of the Russian Federation), transactions of citizens among themselves for the sum of more than 10 minimum wage rates have to consist in a simple written form. In other words, being going to lend more than 1 thousand rubles, you are obliged to make the loan agreement.

can be

of the Consequence of non-compliance with this requirement very serious: according to Art. 162 of the same Civil Code of the Russian Federation lack of the issued contract deprives of the citizen of the right to refer further to testimony. So even if you borrowed familiar $100 in the face of many thousands stadium, but forgot to sign the written contract, the debtor on legal grounds will be able to refuse to return you money. And any Russian court does not recognize your correctness.

does not need to be frightened by

the word “contract“: it is not obligatory for you to make the multipage document with abundance of unclear terms at all. In the opinion of justice the contract even the most usual debenture scratched on a scrap of a writing-book leaf is considered.

Main, it is correct to issue it. From that, this document is how legally competently made, the destiny of a debt in case of judicial proceedings depends. The form of the document can be any, but there are nuances which have to be surely considered. Place and date of issue of the receipt, F. I. O. and lending better to handwrite the address of continuous registration and the actual accommodation, passport data taking, the loan sum in rubles has to be written by figures and a copy-book. The mention of foreign currency can appear only in quality of an equivalent at the Central Bank rate of the Russian Federation: that is the person at the rate on the date of the conclusion of the contract borrows, and promises to return at that course what will be at the time of repayment. The matter is that in our country lawful means of payment is the ruble, and all liabilities have to be expressed in rubles (Art. 140 and Art. 317 of the Civil Code of the Russian Federation).

Recently, however, jurisprudence “closes eyes“ to this rule, and judges adopt statements of claim from the citizens who issued the debt obligation in currency. But will oblige to return all the same rubles (at the rate on the date of decision-making). Similar mitigation happened after crisis of 1998. Then many citizens lost money from - for love of the Russian law to ruble. They lent dollars, but, honoring the code, specified the ruble sum in contracts. Debtors also returned this sum after crisis when the dollar rose in price almost five times.

In the receipt it is very important to specify date of a refund precisely. If it is not recorded, the debtor, under the law, is obliged to give money in 30 days after presentation by the creditor of the requirement about return. It will be more correct if both parties sign the receipt and will specify interpretation of signatures in brackets. It is desirable that the borrower handwrote all text of the document: when business reaches graphological examination, one signature for establishment of authenticity of handwriting, quite possibly, will be insufficiently.

during judicial proceedings correctly issued receipt is always accepted by

as the proof and without testimony, and therefore signatures of witnesses on the receipt are formally not necessary. However, if perhaps, it is better to invite witnesses to participate in process of registration of the receipt and transfer of money. Thus you will make secure in case the borrower will declare in court that he wrote the receipt on coercion. Besides, it is possible to certify the contract at the notary. Though it becomes rather for own peace of mind: in the opinion of court the receipt certified by the notary differs in nothing from the usual document in writing.

the Contractual relations

If simple receipt for own calm to you have not enough

, it is possible to make the classical loan agreement. In it you have the right to write down additional terms of credit: guarantees, guarantors, responsibility for default on obligations. The standard form of the document can be found in the Internet, having entered the phrase “loan agreement“ into a search box, there is it and in legal help systems.

should specify by

all essential details of the transaction In the contract accurately: full passport data of both parties, Full Name, the residence, what sum is transferred and for what term. It is obligatory to note since what moment the contract comes into force. It is necessary to make the contract in duplicate (on one for each party) that is fixed in one of the paragraphs of the document. Besides, after drawing up the contract and transfer of the necessary sum the borrower can write the voucher of money. It is optional to do it, but in case of judicial proceedings any additional proof superfluous will not be.

the Contract especially is necessary for

if the person lending expects to draw interest for use of the money. The size of these percent should be specified in the contract too.

In general, according to St. 809 Civil Code of the Russian Federation if in the contract it is directly not specified that the loan is interest-free, by default the debtor is obliged to pay to the creditor percent at a rate of a rate of refinancing of the Central Bank (today it makes 12% per annum). This provision of the code very much is useful during judicial proceedings: even if initially the speech about percent for use of money did not go, by a court decision the debtor will be obliged to pay them. If in the contract percent above a refinancing rate are designated, passing the decision, the court will consider contractual size.

For reference: collecting from the debtor percent (irrespective of their size), you get profit with which legislatively it is required to pay income tax. Address to the tax inspection - there will be surprised, but will help to share with the state.

should not Abuse delivery to acquaintances of the credits under percent. To earn by usury, remaining at the same time “natural person“, under our laws it is impossible.“ According to the legislation, the activity directed on systematic that is two and more times within a year, obtaining the income from use of a personal estate which is understood also as money is considered enterprise“, - the specialist of law firm “Acceptance“ Maxim Lyulin explains. Therefore, if you at least two times a year gave money under percent, you can be made responsible for illegal business.

will not be rescued In this case even by certificate PBOYULA. To grant loans, without having the special license for the right to carry out financially - credit activity, it is impossible. the Doomsday

it is as a loan easy for p to Give to

money, it is much more difficult to summon them back at the unfair debtor. If everything developed in the best way and the borrower fulfilled the obligations, the lessor (according to St. 408 Civil Code of the Russian Federation) has to return to the former debtor the receipt with the visa “Calculations are made completely, there are no claims“ or to write the new document, having recorded that money is returned.

If the debtor did not return to

the borrowed money to the time specified in the contract, it is necessary to write it the letter (in duplicate) with the requirement to repay a debt within 30 days. One of copies can be sent by mail (the registered mail with the assurance of receipt) or to transfer the letter to the debtor personally and to ask it to write on the second copy: “It is received, date, the signature and interpretation of the signature“. The second copy (together with the receipt and the receipt) needs to be stored in both cases at itself.

After 30 days if the borrower did not take any actions, there comes time to appeal to court where certificates will be useful that you tried to settle dispute peaceful manner. When the amount of debt does not exceed 500 minimum wage rates (50 thousand rubles) it is necessary to go to the magistrate. Otherwise - in district court at the place of residence of the defendant.

by

In the statement of claim (too in duplicate) circumstances of a loan of money have to be described. It is also necessary to attach the original of the loan agreement or the receipt, the receipt on payment of the state duty and the letter with the requirement about return to the claim.

In case all documents are correctly processed and your claims do not raise doubts at the judge, then the maximum in five days the injunction (decision) on collection of debt will be issued. However it will be possible to set it in motion only in 10 days after the document is handed over in office of court: during this time your debtor is obliged either to pay off, or to challenge the passed decision, having brought the objections into court.

If neither that nor another occurs, it is necessary to bear the judgment in service of bailiffs. Their function - to find for property of the unfair debtor and to force it to pay off (not money, so property).“ Put when it is necessary to describe any property of debtors, much, - the bailiff of TsAO of the city of Moscow Irina Rusakova claims. - If the defaulter did not settle a question to court, it is not necessary to wait from it for decent behavior“. According to police officers, quite often externally successful debtor in the material relation in practice appears as poor as a church mouse (formally it has nothing): the car is issued on the wife, giving - on the mother-in-law, on the bank account is empty. But all - usually the issue with debts is resolved right after appearance of police officers on a threshold of the unscrpulous borrower.

By the way, the term of limitation period on collecting debts - three years therefore if money does not return, you should not delay an appeal to the court.

in principle, return of a debt it is possible to entrust the specialized companies - collection agencies. It is possible to appeal to them before giving to court of the statement of claim. If they agree to be engaged in your business, you should write out the power of attorney on representation of interests to the employee of agency who will try to resolve an issue peacefully, and in case of failure will submit the petition from your name. The agency will take remuneration of 10 - 50% of an amount of debt for the work.

Specialists of these companies are closely connected by

with service of bailiffs so chances to quickly return seized increase. However the collection agency undertakes not each debt. It is clear, that it is much more favorable to these companies to deal with large creditors and in $100 they do not contact a debt. However, the staff of collection agencies does not call the lower level, and there is a sense at least to try to address them.

“We have no lower threshold of an amount of debt with which we work, - the specialist of “Financial agency on collecting payments“ Natalya Nikitina explains. - In 90 cases from 100, so far as concerns the monetary relations of two natural persons, we manage to achieve the pre-judicial solution of the conflict. The agency earns reward only when the debt is repaid in full, till that time we from the client of nothing (except documents) we demand“.

as a result turns out that almost everything is reparable, but the question “Whether These Efforts Are Necessary to You?“ remains open. Because on one bowl there is your reputation of the goodhearted companion, and on another - prospect of long drudgeries which aim not to take others, and to return the.