The IOU is legally binding with or without notarial certification. For the trial, it will be important how correctly the document is drawn up, whether the conditions for repayment of the debt are spelled out.
IOU is an official document that confirms the transfer of funds from one citizen to another. Very often, the two parties are on friendly terms, not paying attention to the drafting of the paper. Because of this, there may be problems with getting your money back, even in court.
A handwritten receipt is legally binding. In this case, it does not matter what amount is in question, whether the document is certified by a notary. For the debtor, in case of refusal to pay on time, there may be various unpleasant consequences, for example, penalties.
According to paragraph 2 of Art. 808 of the Civil Code of the Russian Federation, a receipt can be used as confirmation of a financial transaction. It must indicate the conditions for issuing funds, the procedure and terms for the return.
How to draw up a receipt correctly so that it has legal force?
There are a few rules:
- the document must be drawn up by the recipient of the money;
- the passport details of the parties and contacts must be indicated;
- all significant conditions are prescribed;
- the document should not contain blots and corrections.
It is advisable to draw up the document with a ballpoint pen. If necessary, it will be possible to conduct an examination. In addition, such inks remain on the sheet for a longer time than gel inks.
Is a receipt printed on a computer legally binding?
Lawyers say that it will be considered valid if drawn up in accordance with all the rules, indicating the details of the parties. However, difficulties may arise when carrying out a handwriting examination, since only a signature will stand by hand. This can make it harder to get your money back later.
If the receipt is printed out, it is best to complete the procedure in the presence of a notary. He will be able to check how legitimate the transaction is. If necessary, he will always be able to confirm that the document was drawn up by a specific person. This option is also useful if the original is lost and only a copy remains in your hands. The notary will be able to confirm the authenticity of the paper.
If the debtor refuses to repay the debt, does not consider the written obligation to be the basis for payments, it is necessary to send a letter of claim to the other party. It should include the maturity date. If this did not lead to the desired result, then the creditor can safely go to court with a claim and documentary evidence base.
