Advice 1: How to recognize the receipt is invalid

Often when making real estate transactions one of the parties involved in the transaction, transmits to the second party any amount of money. Amounts in cash can also be transferred to the debt. In these cases, transactions may be confirmed by receipts. But it happens that the borrower has given a receipt, but the lender subsequently gave him a lesser amount or not give money at all, and the receipt was left in his hands. The question arises as to acknowledge receipt null and void and to avoid prosecution.
How to recognize the receipt is invalid
If there was a monetary loan in which the borrower has taken certain amount from the lender, it is a unilateral obligation evidenced by a receipt. The more specific data will be specified in this document, the harder it will be to challenge it in court. Usually, it is specified details of the borrower – his surname, name, patronymic, passport number, place of residence. The receipt should be signed by the borrower, adjacent to the signature date must stand.
In that case, if the note is missing such details as the passport number and place of resident of the borrower, the receipt may be deemed invalid. Lender will be very difficult to prove in court that the money transferred by them to you specifically, because people with this surname, name and patronymic can be many. Without mandatory requisites, according to article 808 of GK of the Russian Federation, the receipt can be an evidence of the contract of the loan.
Grounds to make an attempt to challenge the legality presented in court receipts, may be the lack of witness signatures and registration at the notary. In these cases, you can also make a statement that the receipt is a forged document.
You can challenge a receipt, even if it shows the account details and passport number, referring to the fact that your signature is fake. In this case, will be appointed handwriting expert and a specialist will present its conclusion. But in that case, if the result of the examination it is proved that on receipt it is your signature, you will have to repay not only the borrowed amount but also to pay for the expertise.
To acknowledge receipt invalid the court may, unless you can prove that you signed it voluntarily, under duress or in dire circumstances. Its legitimacy can be challenged and in that case, if it is proven that you signed it in a state of alcoholic intoxication or under the influence of narcotic substances, as well as under physical or moral pressure.

Advice 2: How to return the money on receipt

The receipt is sufficient grounds for a refund. She is recognized by court as written evidence of the loan. Certain forms of receipts not exist. The only condition is to write the debt instrument by the hand of a man who borrows. Must also specify the exact details of the borrower.
How to return the money on receipt
To refund on receipt , please contact the court with a claim. Gather the necessary evidence that people owe you.
In a debt receipt, you must specify all data of the borrower:
- surname, name, patronymic
- series and number of passport
- address of permanent residence, place of actual residence
- date of birth
- contact numbers
- specify the amount of debt in figures and words
- the date of the loan
- the date of return of the debt
- return policy
- the date of the receipt
- below is the personal signature of the borrower, with the written transcript.
You need to specify your data: surname, name, patronymic, series and number of passport, address of registration and residence, the amount of the loan, specify in figures and words, specify the period for which you borrowed the cash put your signature.
In the receipt should indicate the personal data of at least two witnesses.
Transfer money in front of witnesses. It would be a powerful argument for the return of the debt through the courts.
To assure the receipt at the notary preferably, but not necessarily. The fact of writing receipts by hand is a sufficient argument for debt collection.
If the debtor refuses to acknowledge receipt, then you have to apply for handwriting analysis. Why it is so important a condition of writing receipts by hand, and not the printout.
But judgment you can apply to the special law firm to repay debt.
In a statement to the court or law the company must specify the amount of the principal debt, the amount of interest to be refunded, the amount of your expenses for the court and lawyers.
To return money through court is possible, even without receipts. The main thing that was witnesses by transfer of money.
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