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
Instruction
1
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.
2
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.
3
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.
4
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.
5
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 write a receipt for the apartment

When renting an apartment it is important as competently to make all the necessary documents to avoid problems in the future. One of the important paper – the receipt of the Deposit and the granting of certain property. How to write it?
How to write a receipt for the apartment
Instruction
1
The receipt is the official document by which the master acknowledges the receipt of the rent or security Deposit before renting an apartment. If you decide to do without this document, you can face the fact that the owner will suddenly require you have to pay once for the same month, the money for which you have already made. Or you will suddenly refuse to rent and made money, just not return. In order to avoid it, be sure to execute the receipt.
2
This document can be written in free form by hand. On a normal piece of paper after receiving the first payment for the apartment owner says the word "Receipt", and then a text like this:
I, Ivanov Petr Sidorovich (series and number of passport), received from Sidorov Petr Ivanovich (a series and number of passport) 10 000 rubles (ten thousand rubles). This amount of money was received by me in accordance with the conditions concluded between us the agreement (to write down the address of the apartment, then the contract number and the date of the opinion). The money received after the signing of this receipt.
Signature ................ /IVANOV P. S./
August 31, 2011
3
Sometimes the owner refuses to write monthly bill, and offers just create a separate notebook in her monthly to enter the amount and put his signature. Agree to this only on condition that on the cover of the notebook will be written all necessary data: passport data of the owner and the tenant, the number of the contract and its terms and conditions. Each monetary contribution must be accompanied by an indication of the number and the handwritten signature of the owner. Only in this case the notebook will be able to play the role of the document in court.
4
If you do not trust the person who rent an apartment, when writing receipts invite at least two witnesses. The receipt is not notarized, and the witnesses can confirm your innocence in court. But in this case it is better not to make a deal.

Advice 3: How to recognize privatization invalid

By purchasing or exchanging an apartment should be very careful. It is necessary to carefully examine the documents for the proposed privatized housing, to save yourself later from many problems. You should know some of the provisions under which the privatization contract may be declared invalid.
How to recognize privatization invalid
Instruction
1
Determine how the contract was concluded privatization. If this was a violation of the law or other legal acts, it can be considered invalid. For example, in the case when had violated the rights of minors, i.e., there is no tutorship on their rejection of privatization. Such a contract is invalid, and if you have a privatized apartment is implemented, sales and subsequent transactions will also be invalid. After the cancellation of the transaction, citizens must live in the same housing, to return the money received under the contract of purchase and sale, etc.
2
Find out whether the privatization contract signed by the person declared incompetent or have limited capacity, according to article 171, 176 of the civil code. If Yes, then the transaction is considered invalid. In court, recognize citizen limited legal capacity or incapacitated, and then break the contract.
3
Request to the guardianship, where they will find out the age of the citizen that signed the privatization contract. In the event that, at the time of the transaction he was a minor i.e. under the age of 14 years old, it will be considered invalid. In addition, the contract may be determined as void if it is made by minors at the age from 14 till 18 years without the permission of parents, guardians or adoptive parents, in accordance with article 172, 175 of the civil code.
4
Find out from the citizen who signed the privatization contract, not whether he was misled, in which the true will was incorrectly interpreted in accordance with article 178 of the civil code. For example, the effects of privatization were not the ones that he expected. Such transaction is considered invalid.
5
Will contact the authorities and find out whether the privatization contract signed under the influence of threat, fraud, coercion or due to serious circumstances, with the result that conditions were extremely unfavorable for the citizen, and the other side took advantage. Thus, there is an onerous transaction, in accordance with article 179 of the civil code. The transaction in this way will be considered invalid, i.e., housing reverts to a municipal or state property, the former owner of the apartment becomes again her employer.

Advice 4: How to write a receipt when you send money

The necessity of the execution of any transactions, which involve cash, is obvious. And yet a lot of people in the case, for example, debt repayment, do not consider it necessary to make a receipt about the transfer of money. As jurisprudence shows, such carelessness can lead to very sad consequences. Therefore, you should make it a rule to transfer any large amounts documented. Must be a receipt subject to the rules.
How to write a receipt when you send money
Instruction
1
Take a sheet of paper and a pen. Remember that the receipt is drawn up in simple written form. That is, to fill her need personally to the recipient, without the use of a computer and printer. This will make it easy to establish the authenticity of document in case of any dispute between the parties. In addition, prepare the passport of the transaction participants.
2
Start the registration document with the title "Receipt", placing it in the top center of the sheet. Next, the left write the date of its execution, and the right place (city, town). Make a text so as to clearly read who is who, when and where transferred money.
3
In the main text must be listed in the program of funds. For each side (transmitting and receiving), you must specify not only the surname, name and patronymic, date of birth, and place of residence, and passport details.
4
Next, enter the amount in figures and in words. Write the purposes for which the money is transferred to the host party. This can be a loan, payment of percent on the loan, the repayment of borrowed funds and If the transfer occurs within a previously signed contract, be sure to specify its details (number, date of conclusion, parties to the Treaty). In the case of a loan in the receipt will need to clarify the repayment terms and conditions of the loan (interest, etc.).
5
Details of witnesses present during the transfer of money is also necessary to specify in the text of the receipt. In conclusion, the receiver should put a personal signature. The receipt retained by the party transmitting the money. It is necessary to thoroughly check the accuracy of the passport and other data that appear in the document.
Useful advice
The preparation of receipts allows you to secure the terms of the transaction and documented to avoid future disputes.

Advice 5: How to make a claim on private debt

Giving the money borrowed to loved ones, most Russians are limited to a verbal agreement on returning. However, if we are talking about a major amount, the loan is to issue the "letter of the law." Well-written receipt on private debt will protect you and the lender and the debtor.
How to make a claim on private debt
You will need
  • - passport of the lender, the borrower.
Instruction
1
Discuss with the borrower all the terms of money borrowed as detailed as possible. Even if help asking a best friend or relative, don't hesitate to discuss the details. Explain to the person that the IOU is not a manifestation of your confidence, and the legal norm of civilized relations.
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By the way, speaking as a borrower, you can also initiate a written document. Unfortunately, the crooks to creditors meet a little less unscrupulous debtors. In cases of dispute, the IOU will be the official confirmation of the commitments of both parties.
3
Draft receipts. You can write in free form, strict requirements for its registration no. The main condition is the most accurate statement of the terms of the loan.
4
Provide detailed information about the borrower and the lender: surname, name, patronymic (unabridged), the date and place of birth, address of registration and residence, passport data. This information will allow us to quickly identify a person and prove that he is the lender or the debtor.
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Then specify the purpose of the loan. This point is very important. The receipt, which does not indicate the reason for receiving the money, will not be grounds for debt recovery through the courts. For example, the phrase "I got from Sidorova Anna Sidorova 5000 rubles on may 21, 2012," does not reflect the need for a refund. Unscrupulous borrower can say that this amount was given to him as payment for some services or donated, and the receipt only reflects the fact that the transfer of cash from hand to hand. Therefore it is better to use the following wording: "I,..., received from Sidorova Anna Sidorova,..., 5000 (five thousand) rubles 21 may 2012 as a loan".
6
Please note the correct spelling of the debt and the currency in which it is provided and must be returned. The size of the borrowed funds have to be fully specified in figures and words, for example "5000 (five thousand) rubles." If the money is transferred in foreign bills, it is important to give them the exact name, for example "5000 (five thousand) U.S. dollars."
7
List the terms of repayment. For the use of money you can assign a specific percentage that the debtor is obliged to pay together with the principal amount. If the loan is interest-free, it is also necessary to reflect in the receipt. Also, specify the expected date of final payment on the loan and the debtor's liability in case of delay of payment. Turn in a receipt, for example, such phrase: "For the use of borrowed funds undertake to pay interest at the rate of 10% (ten percent) per year. The full amount (principal and interest) shall return not later than ... In case of delay of return of borrowed funds guarantee the payment of interest at the rate of 0.1% (zero point one percent) per day of the amount received".
8
Re-read the draft debt deal. Then, the borrower personally is to rewrite it completely and sign. Do not print the document on your computer. If there is a conflict, the court will require a handwriting analysis to determine the authenticity of the signature of the debtor.
9
Sign a promissory note, a good option is the presence of two witnesses. They can be colleagues, neighbors, relatives and other people who have no personal interest in this loan. The witness must write on the document with your passport details (surname, name, patronymic, date of birth, series, number, date of issuance of the passport), date of transfer and to sign after the main text and signatures of the debtor and creditor. To assure an IOU notarized, the law is not required, but if desired.
Note
The legal basis of private debt are set out in the Civil code of the Russian Federation.

Advice 6: 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
Instruction
1
To refund on receipt , please contact the court with a claim. Gather the necessary evidence that people owe you.
2
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.
3
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.
4
In the receipt should indicate the personal data of at least two witnesses.
5
Transfer money in front of witnesses. It would be a powerful argument for the return of the debt through the courts.
6
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.
7
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.
8
But judgment you can apply to the special law firm to repay debt.
9
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.
10
To return money through court is possible, even without receipts. The main thing that was witnesses by transfer of money.
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