A loan agreement most often involves the issuance of a receipt for receiving money. In judicial practice, there have been cases when a receipt was declared invalid. However, the Civil Code of the Russian Federation clearly stipulates cases in which a receipt can be challenged.
Instructions
Step 1
Enter into a contract only in writing if the amount is ten times the minimum wage, or when the person who makes the loan is a legal entity. Please note: Failure to comply with the written form of the loan agreement does not allow challenging the receipt by means of testimony.
Step 2
If you and the representative of the second party did not come to a compromise, then the receipt can be challenged only in court, the Receipt can be challenged if:
- the borrower denies that he received money or things from the lender;
- the borrower claims that the amount of money received is significantly less than that specified in the contract;
- the receipt was written under the influence of fraudulent actions, with the help of violence or threat;
- if the agreement of the borrower's representative with the lender was carried out with malicious intent or in the presence of aggravating circumstances.
Step 3
Provide the court with evidence that the money or other things were not received from the lender (testimony of witnesses, statements from banks, etc.). Only then will the court be able to make a decision on recognizing the loan agreement as invalid. The contract is recognized as not concluded and subject to the discovery of evidence that the money or things were actually received in a significantly smaller amount than indicated in the receipt. However, as practice shows, in most cases the court does not satisfy the claim, arguing that the signing of an agreement without transferring money looks very suspicious.
Step 4
Submit eyewitness testimonies, audio and video materials proving the fact of compulsion to draw up and issue a receipt for consideration by the court. In this case, the court usually does not object and makes a decision to invalidate the contract.
