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An inaccurately written loan receipt can cost the debtor dearly. Why it is important to indicate the purpose of receiving money
As judicial practice shows, an inaccurately drawn up credit receipt can cost the debtor dearly, both literally and figuratively.
In this case, the receipt only contained the name of the debtor. However, he is sure that he did not borrow the money personally, but for the common needs of his family. In order to buy a house, he and his ex-wife currently own it in equal shares. However, this was not on the receipt. Who should be trusted in such a situation? Is there only documentation or the words of the borrower regarding the purpose of the loan?
It all started when a citizen borrowed 650 thousand rubles from his wife's parents. The parties presented a receipt indicating only the loan amount and the repayment period. Two months later, the couple took out a mortgage loan to buy a country house, and the house was registered as joint property of each half.
Four years later, the couple separated. They dissolved their marriage with a justice of the peace and did not divide their joint property. A year later, the former mother-in-law demanded that the principal amount be returned to her along with the accrued interest. The amount was about 1 million rubles. The son-in-law refused, and their dispute went to court. There, the portal Pravo.ru noticed it.
In court, the man stated that he had borrowed money to buy a holiday home, half of which was still owned by his ex-wife. That is, the loan was made based on the general needs of the former family. As a witness, the ex-wife stated that she knew nothing about this loan.
The dispute was heard by the Krasnodar Regional District Court. It agreed with the ex-husband. The mother-in-law received 345,000 rubles. In support of this decision, the court cited the fact that the debt of 650,000 rubles was a joint obligation of the husband and ex-wife. The appeal upheld the decision.
The defeated citizen did not agree with the decision of the Regional Court of the Supreme Court of the Russian Federation and challenged it. And they agreed with the claims of the former mother-in-law.
The Supreme Court said: "The receipt does not indicate that the debt was withdrawn for general purposes and the document only contains the signature of the borrower." The wife also promises to repay half of the loan, the Supreme Court judge added.
The Supreme Court's Civil Judicial Council also drew attention to the fact that during the divorce in court, the former spouses did not divide their common property and did not declare in court during the divorce the need for the man to acknowledge his debts. In general. Taking into account all the above circumstances, three Supreme Court judges overturned the decision of the first court hearing and sent the case for a new trial in the order of the first trial. So, the mother-in-law won.
In court, the man said he borrowed money to buy a holiday home, half of which was still owned by his ex-wife.
All receipts must be handwritten. Borrowers can leave false signatures on printed documents, making it difficult to get the money back if the borrower is taken to court or takes a written exam.
Your name must be written on the receipt itself. Full passport details of the lender and borrower. However, to avoid technical errors, the loan amount must be displayed in text form. The document must also indicate confirmation of the debtor's receipt of money, the date and conditions (interest or shortfall) of debt repayment.
You should also list the penalties for possible non-repayment of money, indicate the date of creation of the document and the signature of the borrower. And if the loan is taken for general family purposes, the documents must be signed by both the husband and wife. Two separate receipts can be created for each.