Often, when making real estate transactions, one of the parties involved in the transaction transfers some amount of money to the other party. Cash sums can also be lent. In these cases, transactions can be confirmed by receipts. But it happens that the borrower gave a receipt, but the lender subsequently gave him a smaller amount or did not give him any money at all, and the receipt remained in his hands. The question is how to invalidate the receipt and avoid prosecution.
Instructions
Step 1
If there was a cash loan, in which the borrower took a certain amount from the lender, then this unilateral obligation is confirmed by a receipt. The more specific data will be indicated in this document, the more difficult it will be to challenge it in court. Usually, it contains the details of the borrower - his last name, first name, patronymic, passport number, place of residence. The receipt must be signed by the borrower, next to the signature there must be a date.
Step 2
In the event that the note does not contain such details as the passport number and the place of the borrower's resident, the receipt may be invalidated. It will be very difficult for the lender to prove in court that the money was transferred by him specifically to you, since there can be many people with such a surname, first name and patronymic. Without the required details, according to article 808 of the Civil Code of the Russian Federation, a receipt cannot be evidence of the conclusion of a loan agreement.
Step 3
The reason for making an attempt to challenge the legality of the receipt presented in court may be the lack of signatures of witnesses, as well as registration with a notary. In these cases, you can also make a statement that the receipt is a forged document.
Step 4
You can dispute the receipt, even if it contains the details and passport number, referring to the fact that your signature is fake. In this case, a handwriting examination will be assigned and the specialist will present his opinion. But if, as a result of the examination, it is proved that it is your signature on the receipt, you will have to pay not only the amount borrowed, but also pay for the examination.
Step 5
The court can invalidate the receipt if you can prove that you did not sign it voluntarily, under duress or in difficult circumstances. Its legality can be challenged even if it is proved that you signed it while intoxicated or under the influence of drugs, as well as under physical or mental pressure.
