Every person has at least once faced the need to give or take money on credit. If we are talking about relatively small amounts, then the lender usually does not insist on drawing up a receipt. It is advisable to take a receipt from the borrower when the amount exceeds ten times the minimum wage, or when it comes to financial relations between an individual and a legal entity. However, the receipt must be drawn up in compliance with all the rules, otherwise it will be quite easy to challenge it in court.
Instructions
Step 1
You can dispute the receipt, according to which the lender is asking you to repay the debt, only on the following grounds:
- if the receipt was not written by you or only your signature is on it;
- if the receipt was issued due to deception, violence or threat;
- if the amount indicated in the receipt is overstated;
- if the money was not received by you in reality;
- if you are in a difficult financial situation.
Step 2
Submit an application to the court to challenge the receipt or counterclaim against the lender if he decides to claim money from you on the receipt in court.
Step 3
Find out during the trial the results of the handwriting examination and if it is proved that the receipt was not issued by you, the court will reject the lender's claims against you.
Step 4
Enlist the support of witnesses, present the court with audio and video materials to prove that the receipt was issued by you involuntarily. So, if the manager threatened you with dismissal for a shortage that occurred through your fault, and you were forced to give him a receipt for a certain amount, for which he demands money, then your work colleagues can act as witnesses. It will be nice if you have prudently recorded the conversation with your boss on a dictaphone or used a hidden camera for this.
Step 5
It will be quite difficult for you to present to the court evidence that you did not receive the entire amount indicated on the receipt, or that you did not receive the money at all. On the contrary, if the lender manages to provide evidence that you received the amount from him in full, then you will be subject to penalties from the court. As evidence that you still received the money, extracts from your bank account, certificates of your income, certificates from the EIRTS about registration of large purchases on your behalf, requested by the lender's lawyer or by the court, can be used.
Step 6
If you are in a difficult financial situation due to illness (of your or your family members), loss of work, destruction of property due to fire, flood, earthquake, then the court may, after considering all the evidence of this, set new deadlines for repaying the debt or oblige you to repay parts of it.
