Often there are situations when, in order to solve life or domestic issues, citizens turn to their relatives, friends or acquaintances with a request for a loan of money (money). Such a transaction is defined (Civil Code of the Russian Federation Part 2) as personal loan. In order to avoid a situation where the borrower does not fulfill its obligations, it is necessary to conclude money loan agreement.
Loan agreement between individuals is concluded in writing and comes into force from the moment of transfer of funds (money). Notarization of the contract is not required.
Monetary obligations under a cash loan agreement must be expressed in rubles (Articles 317, 140 of the Civil Code of the Russian Federation)

Treaty
interest-bearing loan between individuals

G. …………………………. “…..” …………………. 20…..

……………………….……………………………………………………………………….,
(Full name)

passport ………. №………………… issued by …….……………….…………...………………………………………………….. 20…. city, subdivision code …………………………...………………

registered at:

hereinafter referred to as the "Lender", and

…………………………….……………………………………………………………………….,
(Full name)

passport ………. №………………… issued………….………….…………...……………………………………………….. 20…. city, subdivision code …………………………...………………
(name of the authority that issued the passport)

registered at:

city …………………… street …..…………..….………..… house …… building …… apt. …..

hereinafter referred to as the "Borrower" have hereby concluded as follows:

1. The Subject of the Agreement

1.1. Under this Agreement, the Lender transfers to the Borrower a loan in the amount of

………………………………………………………………………………. (………………..) rub.,
(in words/numbers)

a The Borrower undertakes to repay the specified loan amount within the period stipulated by this Agreement.

2. Rights and Obligations of the parties

2.1. Lender ……………………………………………………………..…………To the Borrower
(transfers the loan amount in cash / transfers the loan amount to the bank account specified by the Borrower)

up to "……" …………………. 20…..

2.2. Repayment of the loan amount produced according to the following schedule:

……………………………………………………………. before "….." …………………. 20…..

……………………………………………………………. before "….." …………………. 20…..
(Suma in cuirsive)

The Borrower undertakes to repay the loan amount at a time up to “….”………...……. 20…. G.

2.3. For the use of the provided funds, the Borrower undertakes to pay to the Lender interest on the loan amount in the amount of ………………...……… rubles.

2.4. Interest on the loan paid by the Borrower

……………………………………………………………………………………………………...
(on the day of repayment of the loan / until “….”…....……. 20….)

2.5. The borrower has the right to early return the amount of money specified in clause 1.1.

actual agreement.

2.6. The Borrower undertakes to notify the Lender in writing of the change of his place of residence.

3. Liability of the parties

3.1. In case of non-performance or improper performance by one of the parties of its obligations under this Agreement, it is obliged to compensate the other party for the losses caused by such non-performance.

3.2. In case of non-return of the specified in clause 1.1. the loan amount in the specified in clause 2.2. term, the Borrower shall pay a fine in the amount of …………………………………………….…. %
(in words)

from the loan amount for each day of delay until the day it is returned to the Lender.

3.3. The recovery of a penalty or damages does not relieve the party that violated the Agreement from the performance of obligations under this Agreement.

3.4. In cases not provided for by this agreement, property liability is determined in accordance with the current legislation of the Russian Federation.

4. Force - Major

4.1. The Parties are released from liability for partial or complete failure to fulfill obligations under this Agreement, if this failure was the result of force majeure circumstances that arose after the conclusion of this Agreement as a result of extraordinary circumstances that the Parties could not foresee or prevent.

4.2. In the event of the occurrence of the circumstances specified in clause 4.1, each party must immediately notify the other party in writing about them. The notice must contain data on the nature of the circumstances, as well as official documents certifying the existence of these circumstances and, if possible, assessing their impact on the ability of the party to fulfill its obligations under this Agreement.

4.3. If a party does not send or untimely sends the notice provided for in paragraph 4.2, then it is obliged to compensate the other party for the losses incurred by it.

4.4. In cases of the occurrence of the circumstances provided for in clause 4.1, the deadline for the fulfillment by the party of obligations under this Agreement is extended in proportion to the time during which these circumstances and their consequences are in effect.

4.5. If the circumstances listed in clause 4.1 and their consequences continue to operate for more than two months, the parties conduct additional negotiations to identify acceptable alternative ways to fulfill this Agreement.

5. Privacy

5.1. The terms of this Agreement and agreements (protocols, etc.) to it are confidential and not subject to disclosure.

5.2. The Parties take all necessary measures to ensure that their employees, agents, successors, without the prior consent of the other party, do not inform third parties about the details of this Agreement and its annexes.

6. Dispute Resolution

6.1. All disputes and disagreements that may arise between the parties will be resolved through negotiations.

6.2. If the disputed issues are not resolved during the negotiation process, then the disputes are resolved in the arbitration court in the manner prescribed by the current legislation.

7. Duration of the contract

7.1. This Agreement shall enter into force from the moment the Lender transfers the loan amount to the Borrower and is valid until the parties fulfill all obligations under it.

7.2. This Agreement may be terminated early in the following cases:

7.2.1. By agreement of the parties.

7.2.2. On other grounds provided for by applicable law.

8. Final provisions

8.1. Any changes and additions to this Agreement are valid provided that they are made in writing and signed by the parties or their duly authorized representatives.

8.2. All notices and communications must be in writing.

8.3. This Agreement is made in two copies, having equal legal force, one copy for each of the parties.

9. Addresses and details of the parties

Lender: Borrower:

(Full name) (Full name)

……………………………………….… ………….………………………………
(signature) (signature)

“……” …………………. 20….. g. “……” …………………. 20…..

Notes:
A loan agreement must be concluded in writing between individuals if the loan amount is ten times the minimum wage established by law;
In confirmation of the loan agreement and its terms, a borrower's receipt or other document certifying the transfer of a certain amount of money by the lender to him may be presented.
If the creditor refuses to issue a receipt for the receipt of funds, or return another debt document or note in the receipt the fact of its non-return, the borrower has the right to delay the fulfillment of his obligation to repay the debt (part of the debt). In these cases, the lender is considered to have delayed the acceptance of the debt through his own fault.
In the event of early repayment of the loan amount provided at interest in accordance with paragraph 2 of Article 810 of the Civil Code of the Russian Federation, the lender has the right to receive interest from the borrower under the loan agreement, accrued inclusively up to the date of repayment of the loan amount in full or in part.

One of the types of transactions in civil law is a loan.. It may have different varieties (for example, a bank loan, a loan), but the requirements of the law will be the same.

The parties to the loan should carefully study the norms of the law before concluding a transaction in order to protect themselves and not violate the rights and interests of the other party. Chapter 42 of the Civil Code of the Russian Federation is devoted to this type of transaction.

Article 807 of civil law prescribes the concept of a loan, which is understood as an agreement between the parties, which are the lender and the borrower.

The agreement implies the transfer of funds or other things from the lender to the borrower.

The borrower, in turn, undertakes to return the borrowed funds or other things that have distinctive generic characteristics.

Loan features:

the transfer of funds to the borrower means that he acquires the right to freely dispose of them;
if the lender decides to limit the rights of the borrower, an agreement on a targeted loan is signed between them. For example, the money transferred must be used to buy a car or real estate;
the signing by the parties of the contract does not give rise to the fact of its conclusion;
in order for the agreement to enter into legal force, the borrower must receive what is due to him under the agreement in the form of a loan;
if funds are transferred as a loan, a receipt is issued, or the agreement itself must contain a condition that it also serves as a receipt.

Legislation allows written and oral forms of the transaction. To conclude an oral agreement, a condition is required that the loan amount does not exceed 1,000 rubles, which is equivalent to 10 minimum wages.

If the agreement does not contain a specific date for the return of the loan after the presentation of the demand, the loan is subject to return within 30 days from the date the borrower receives the notification.

In some cases, partial payment of the debt is allowed. Such a condition is recorded in a separate document, in the form of a payment schedule.

Download a sample loan agreement between individuals

The transfer of funds in the form of a loan between individuals is a fairly common type of transaction.. In most cases, citizens do not seek to draw it up in the form of a written contract, and legal relations are built orally.

The decision to transfer money to a third party without signing documents carries great risks and possible losses for the lender, since it will be quite difficult to confirm the fact that the loan has been transferred into the hands of the borrower.

It is not always necessary to draw up an agreement; it is allowed to sign a simple receipt for receiving money on a loan. If the parties decide to formalize the transaction in the form of an agreement, then it must contain the following conditions:

date of conclusion of the contract or signing of the receipt;
terms and conditions for the return of funds;
accurate information about the parties to the transaction;
liability for violation of the terms of the contract;
in what form the money is transferred (for a fee or free of charge);
other conditions, at the discretion of the parties and not contrary to law.

The parties can independently draw up a loan agreement, or download a sample on the Internet.

There is no unified form of the contract. Therefore, the parties should be guided by the general provisions on the loan. You can download a sample contract.

There are several ways to calculate depreciation. Read about how it happens at the link.

Loan between citizens and legal organizations

The legislation does not prohibit the conclusion of an agreement where the subjects are a legal entity and a citizen.

It is worth noting that the lender may be an employee working in the borrowing organization or be an outsider.

Deal Features:

when transferring money to a loan at interest, the parties must prescribe its amount;
if there is no indication of interest, such interest will be calculated based on the current bank rate on the day the borrower fulfills obligations to transfer funds;
interest received by a citizen - a lender under a transaction will be subject to mandatory taxation;
the parties may include in the contract a condition that all costs, including taxation, are borne by the borrower;
transfer of money can be carried out at the cash desk of the organization, by transferring to the account;
repayment of the loan is possible by transferring funds to the account of the lender or issuing money from the cash desk;
conditions for early repayment of the loan must be prescribed in the contract;
if the loan amount is large, the lender may require the inclusion of a pledge clause in the agreement, for example, property owned by the legal entity - the borrower.

The main task of the parties is a detailed description of the object of the loan. Before signing a loan agreement, the parties should carefully study its terms. For any difficult moments and questions, you should seek the help of specialists in the field of law.

Legal relations between legal entities in terms of concluding a loan agreement are fully subject to civil law, respectively, general rules apply to them.

The main feature of this type of agreement is that it is always concluded in writing, regardless of the size and type of loan. Since the parties are legal entities, the contract must contain information about their details.

The signed contract is sealed.

Violation of the terms of the contract

If the parties violate the terms of the contract, they are subject to civil liability. First of all, this includes responsibility for the outdated repayment of the loan.

The parties have the opportunity to independently prescribe liability in the form of interest for delay in the terms of the contract. If such a condition is not provided, the parties are guided by the general provisions of Article 395 of the Civil Code of the Russian Federation.

Requirements for the elimination of violations must be declared in the form of a claim, indicating the timing of their satisfaction.

If the party that violated the terms of the transaction does not satisfy the requirements or ignores the claim, the other party has the right to go to court.

To apply to the court, you will need to draw up a statement of claim with a full calculation of the loan amount required for repayment and interest for the delay in fulfilling the obligation.

The loan agreement, as a separate legal institution of civil law, is quite simple to draw up. All that is required of the parties to the transaction is to carefully study the norms of the law, correctly execute the transfer of the loan and, of course, not violate the rights and interests of each other.

See this video for more information on how to collect funds on a receipt:

Citizen, passport (series, number, issued), residing at the address, hereinafter referred to as " Lender", on the one hand, and a citizen, passport (series, number, issued) residing at the address, hereinafter referred to as " Borrower”, on the other hand, hereinafter referred to as “ Parties”, have concluded this agreement, hereinafter referred to as the “Agreement”, as follows:

1. THE SUBJECT OF THE AGREEMENT

1.1. The Lender transfers to the ownership of the Borrower funds in the amount of rubles (hereinafter referred to as the Loan Amount), and the Borrower undertakes to return the Loan Amount to the Lender and pay interest on it within the terms and in the manner prescribed by the Agreement.

1.2. The loan amount is transferred in cash.

1.3. The loan amount is provided for a period of up to "" a year.

1.4. The loan amount shall be considered returned at the moment of depositing the relevant funds to the Lender.

1.5. The Lender agrees to the early repayment of the Loan Amount and interest without additional receipt by the Borrower of a written approval in this regard.

2. PROCEDURE FOR CALCULATION AND PAYMENT OF INTEREST

2.1. For the use of the Loan Amount, the Borrower shall pay interest to the Lender at the rate of annual interest.

2.2. Interest is accrued from the day following the day of granting the Loan Amount (clause 1.2 of the Agreement) until the day of repayment of the Loan Amount (clause 1.4 of the Agreement), inclusive.

2.3. Interest for the use of the Loan Amount shall be paid simultaneously with the return of the Loan Amount.

3. RESPONSIBILITIES OF THE PARTIES

3.1. For untimely repayment of the Loan Amount (clause 1.3 of the Loan Agreement), the Lender has the right to require the Borrower to pay interest in the manner prescribed by clause 1, Art. 811, paragraph 1 of Art. 395 of the Civil Code of the Russian Federation (regardless of the payment of interest provided for in clause 2.1 of the Agreement).

3.2. For violation of the interest payment deadlines (clause 2.3 of the Agreement), the Lender has the right to require the Borrower to pay a penalty (penalty) in the amount of a percentage of the amount not paid on time for each day of delay.

3.3. The collection of penalties and interest does not relieve the Party that violated the Loan Agreement from the performance of obligations in kind.

3.4. In all other cases of non-fulfillment of obligations under the Agreement, the Parties shall be liable in accordance with the current legislation of the Russian Federation.

4. FORCE MAJOR

4.1. The Parties are released from liability for failure to perform or improper performance of obligations under the Agreement, if proper performance was impossible due to force majeure, that is, extraordinary and unavoidable circumstances under the given conditions, which are understood as: prohibited actions of the authorities, civil unrest, epidemics, blockade, embargo, earthquakes , floods, fires or other natural disasters.

4.2. In the event of the occurrence of these circumstances, the Party is obliged to notify the other Party within days.

4.3. A document issued by the Chamber of Commerce and Industry is sufficient evidence of the existence and duration of force majeure.

4.4. If force majeure circumstances continue to operate for more than a month, then each party has the right to terminate this Loan Agreement unilaterally.

5. DISPUTES RESOLUTION

5.1. All disputes related to the conclusion, interpretation, execution and termination of the Agreement will be resolved by the Parties through negotiations.

5.2. In case of failure to reach an agreement during the negotiations specified in clause 5.1 of the Agreement, the Party concerned sends a claim in writing, signed by an authorized person. The claim must be sent using means of communication that ensure the recording of its departure (by registered mail, telegraph, etc.) and receipt, or handed over to the other Party against receipt.

5.3. The claim must be accompanied by documents substantiating the claims made by the interested Party (if the other Party does not have them), and documents confirming the authority of the person who signed the claim. These documents are submitted in the form of duly certified copies. A claim sent without documents confirming the authority of the person who signed it is considered not presented and is not subject to consideration.

5.4. The Party to which the claim is sent is obliged to consider the received claim and notify the Party concerned in writing of the results within working days from the date of receipt of the claim.

5.5. In case of failure to resolve disagreements in the claim procedure, as well as in case of non-receipt of a response to the claim within the period specified in clause 5.4 of the Agreement, the dispute is referred to the arbitration court at the location of the defendant in accordance with the current legislation of the Russian Federation.

6. AMENDMENT AND EARLY TERMINATION OF THE AGREEMENT

6.1. All changes and additions to the Agreement are valid if made in writing and signed by both Parties. The relevant additional agreements of the Parties are an integral part of the Loan Agreement.

Phone fax:

Passport series, number:

Issued by:

When issued:

Signature:

with interest in a person acting on the basis of , hereinafter referred to as " Lender”, on the one hand, and in the person acting on the basis of , hereinafter referred to as “ Borrower”, on the other hand, hereinafter referred to as the “Parties”, have concluded this agreement, hereinafter “ Treaty" about the following:

1. THE SUBJECT OF THE AGREEMENT

1.1. Under this agreement, the Lender provides the Borrower with a loan in the amount of rubles, and the Borrower undertakes to repay the Lender the loan amount and pay accrued interest for using the loan in accordance with the terms and conditions established by this agreement.

1.2. The interest rate for this agreement is % per annum.

1.3. Interest for using the Loan is accrued based on the actual number of calendar days of using the loan, while the actual number of calendar days in a year (365 or 366) is taken as the base, and the number of settlement days in a month corresponds to the actual number of calendar days in a month.

1.4. The period for accruing interest for the use of the loan begins on the day the Lender actually issues the loan amount to the Borrower or transfers the loan amount to the specified account of the Borrower and ends on the day the Loan is returned to the Lender. The Borrower undertakes to pay the accrued interest for the use of the loan on a monthly basis, not later than the last business day of the month.

2. TERMS OF ISSUANCE AND REPAYMENT OF THE LOAN

2.1. The loan is provided on the basis of this agreement.

2.2. The loan is provided by issuing the loan amount from the Lender's cash desk or transferring the loan amount to the specified account of the Borrower.

2.3. The Borrower has the right to repay the debt under the Loan and (or) interest for using it by depositing cash to the Lender's cash desk or transferring the debt amount to the Lender's settlement account in a non-cash form;

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1. The Lender undertakes to ensure the provision of a loan within working days from the date of signing by the parties of this agreement.

3.2. The Lender undertakes to provide the Borrower with a loan on the terms of this Agreement.

3.3. The Lender undertakes to advise the Borrower on all issues related to the execution of this Agreement.

3.4. The Borrower undertakes to repay the loan and pay interest for its use within the terms specified in this Agreement and in full.

4. REPAYMENT OF DEBT

4.1. The Borrower repays the Loan in accordance with the terms established by this Agreement.

4.2. The Borrower has the right to repay the Loan ahead of schedule.

4.3. In the event that the Borrower makes the final early repayment of the Loan, the Borrower shall, simultaneously with the repayment of the principal debt under the Loan, repay all accrued interest.

4.4. The date of repayment of any payments is the date of actual receipt of funds to the relevant account (accounts) of the Lender or the date of payment of the amount of the debt to the Lender's cash desk.

4.5. If the Borrower misses the maturity of any payments, the outstanding term debt is treated as overdue debt with interest accruing at the Higher Interest Rate from the date of its occurrence.

4.6. Overdue debt is considered urgent (primary) to be repaid at any time.

4.7. The repayment of the debt to the Lender is made in the following order:

penalty fee;
overdue interest on the Loan;
overdue principal debt;
urgent interest on the Loan;
term debt principal.

5. PROCEDURE FOR SECURING THE OBLIGATIONS OF THE BORROWER

5.1. In order to ensure the repayment of the Loan, the Parties undertake to conclude Collateral Agreements and provide for other security measures.

5.2. Interim measures include: pledge of real estate; pledge of vehicles; pledge of rights of claim, including securities; granting by the Borrower to the Lender the right to extrajudicial foreclosure directly on the subject of pledge provided for in the Collateral Agreements; guarantee; bank guarantee; retention of collateral and funds belonging to the Borrower; other measures agreed by the Parties.

5.3. The Lender shall have the right to choose the methods of securing obligations under this Agreement and their assessment.

5.4. The collateral for the Loan, taking into account liquidity, must cover the principal and accrued interest. In the event of an increase in term debt or the occurrence of arrears, the Borrower is obliged to increase the collateral to the required size and quality.

5.5. The Security Agreements signed in pursuance of this Agreement are valid in conjunction with it and are inseparable from it. Simultaneously with the signing of this Agreement, the Guarantee Agreement No. dated "" 2019 and (or) the Guarantee Agreement No. dated "" 2019 are concluded to secure it. In the event of an increase in collateral, newly concluded contracts are indicated in the Agreements.

5.6. In case of deterioration of the physical qualities of the subject of pledge or other loss of liquid qualities by it, as well as any other security measure, the Lender has the right to demand a replacement of the method of security and choose it at its own discretion.

6. TERM OF THE CONTRACT

6.1. The term for using the loan is days from the date of the actual issuance by the Lender of the loan amount to the Borrower or the transfer of the loan amount to the specified account of the Borrower. The Borrower undertakes to make the final payment of the loan amount and accrued interest for the use of the loan to the Lender before ""2019.

6.2. This agreement comes into force from the moment the Lender actually issues the loan amount to the Borrower or transfers the loan amount to the specified account of the Borrower and is valid until its full repayment and payment of accrued interest for using it.

7. EARLY PERFORMANCE OF OBLIGATIONS

7.1. In case of early repayment of the loan, the Borrower must notify the Lender of the early repayment no later than working days in advance.

7.2. In case of early repayment of the loan, the interest for using the loan is paid by the Borrower for the actual term of using the loan.

8. RESPONSIBILITY OF THE PARTIES

8.1. If the Borrower violates the deadlines established for making the next payment for the repayment of the loan and paying the accrued interest for using it, the Lender has the right to terminate the agreement and demand from the Borrower early repayment of the loan amount and payment of interest due for using the loan.

8.2. From the moment the overdue debt on the Loan arises, the Borrower shall pay the Lender increased interest for the use of the overdue Loan in the amount of % per annum (hereinafter referred to as the increased Interest).

8.3. Increased Interest is accrued on the amount of the overdue Loan from the date of occurrence of the delay until the day of full repayment of the overdue Loan.

8.4. In case of late payment of Interest, the Borrower shall pay to the Lender, regardless of the payment of Interest, provided for in clause 1.2. of this Agreement, the Penalty in the amount of %, accrued on the amount of the overdue payment of Interest for each day of delay, from the date following the date of occurrence of the delay to the date of its repayment (inclusive).

8.5. The Borrower's obligations to repay the Loan and pay Interest (including increased interest) are considered to be fulfilled in full from the date of receipt of funds to the current account and (or) to the Lender's cash desk.

8.6. With the Lender's consent, the Borrower's obligations to repay the Loan and pay Interest may be fulfilled in other ways that do not contradict the current legislation of the Russian Federation.

8.7. In the event that the Borrower violated the deadline set for making the next payment for the repayment of the loan and paying accrued interest for using it, and the Lender did not exercise the right provided for in clause 7.1. of this agreement, the Borrower is obliged to pay the Lender interest for the use of the loan, accrued according to the rules provided for in paragraphs 1.2-1.5 of this agreement for the entire actual period of using the loan.

8.8. The Borrower shall reimburse the Lender for all costs associated with the collection of debt under this Agreement.

8.9. The Borrower's refusal to repay the debt to repay the loan and pay the accrued interest for using it, or the violation of the terms of repayment of the Borrower's debt established by this Agreement, serves as a basis for limiting its possibilities for further borrowing.

9. FINAL PROVISIONS

9.1. In everything that is not reflected in this agreement, the parties will be guided by the current legislation of the Russian Federation.

9.2. The date of fulfillment of obligations under the agreement by the Borrower is the date of full repayment of the debt to repay the loan and pay accrued interest for its use.

9.3. All disputes and disagreements arising during the validity of this agreement, the parties will try to resolve through negotiations.

9.4. If the dispute is not settled, then it is subject to resolution in the manner prescribed by the current legislation of the Russian Federation.

9.5. Changes and additions to this Agreement are carried out in the manner prescribed by applicable law.

9.6. This Agreement is made in two copies of equal legal force, one for each party.

10. LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES

Lender

Borrower Jur. address: Postal address: TIN: KPP: Bank: Settlement/account: Corr./account: BIC:

Friendship and family relationships sometimes experience a kind of strength test - a request to borrow a certain amount of money. Unfortunately, it is often quite difficult to return your money or property from a borrower. How to approach this situation prepared? To begin with, let's touch on the theory and consider a few nuances that you need to know even before concluding a loan agreement between individuals.

So, not only money, but also things endowed with certain generic characteristics (for example, furniture) can become the subject of a loan agreement.

The Civil Code of the Russian Federation (clause 1, article 808) contains specific requirements for the form of concluding the contract under discussion for amounts not less than ten times the minimum wage established by the legislation: such an agreement must be concluded in writing. Contracts relating to smaller amounts may be concluded both orally and in writing.

According to established practice, a loan agreement is drawn up together with, written by the debtor in his own hand. This document states:

passport data;
surname, name and patronymic of individuals-parties of the transaction;
address of residence;
the amount of money;
the place and date of their transfer to the debtor.

In addition, the period for which the loan is provided, interest on its use, interest on late repayment of the debt, if the parties have come to such an agreement, passport details and decrypted signatures are indicated.

If the subject of the loan is a large amount of money that will be used in the future to purchase a property (for example, an apartment) or movable property (a car), this purpose should be indicated in the contract. In addition, if the loan is made for the needs of the family, the receipt can indicate the joint and several liability of the spouses-witnesses in the transaction.

The receipt and the contract do not require notarization and presence.

Interest on the amount of debt and a sample interest-free agreement

Sample agreement for an interest-free loan between individuals

If the Parties do not stipulate in the agreement its interest-free nature, then subsequently the creditor will acquire the right to demand interest in addition to the debt amount, by default they are equal to the refinancing rate.

Debt repayment terms

Experts recommend prescribing the debt repayment period in the document, as well. if it is not set, or is determined by the moment of demand, the loan amount will be returned within thirty days from the date of presentation of claims by the creditor.

By the way, the fact of the creditor's appeal to the debtor with a demand to repay the debt is also advisable to be drawn up in writing, through a registered letter with a notification or a personal receipt on a copy of the appeal.

If, within thirty days from the date of receipt of this notice, the debtor does not take any action, it is necessary to apply to the justice of the peace with an application for issuing an appropriate court order and collecting from the debtor the debt and interest on it.

A duly executed application is submitted to the court at the place of residence of the debtor. Before submitting the document, it is necessary to pay the state duty in the amount established by the tax legislation of the Russian Federation.

Liability for non-performance of the contract

Starting from the date of delay in performance, the creditor acquires the right to demand from the debtor the payment of interest for the use of other people's funds. However, if the receipt provides for another measure of liability for non-fulfillment of the obligation and a penalty / fine is indicated, then the norms of this article will not apply.

Limitation of actions

The law provides for a standard statute of limitations in cases of loan agreements between individuals, it is equal to three years. The term must be counted from the moment when the creditor acquired the right to demand the return of the amount of the debt. After the expiration of this period, the creditor is deprived of the opportunity to apply for judicial protection, unless he proves that the deadline was missed due to valid reasons.

Action scenarios when the debtor does not return the debt:

Independently exercise their rights to return;
Seek the help of lawyers;
Conclude an agreement with collectors.

Both of the latter options are inevitably fraught with money spending and, at the same time, absolutely do not guarantee you a return of the debt. Of course, debt collection on your own is time-consuming, but it will save a significant amount of money.