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In case of financial difficulties, special organizations and lenders offer to borrow money from a private person at interest (some take an advance payment) with a receipt or agreement. This type of loan allows you to get money if banking services They refuse everywhere. Investors are ready to issue a loan under certain conditions, secured by real estate and annual interest, without providing documents other than a passport of a citizen of the Russian Federation.
A cash loan from an individual person or company is the transfer of money in cash or electronic transfer for temporary use to another individual, company or individual entrepreneur. Private lender to provide financial services uses personal cash. Purposes of providing a loan with loan agreement: small and medium business, personal expenses, urgent loan to pay off debts. You can borrow money from private individuals using property as collateral.
Amounts of money for lending to individuals, legal entities can be issued with the help of special microfinance organizations from investors. You need to select a suitable MFO, leave online application on the website or apply for a loan in person at the secretary’s office. After this, in a few minutes, the application will be reviewed by the investor, after which the borrower, first orally and then in writing, will be advised of personal lending options. It is possible to borrow money from a private person even if you have a bad credit history.
A service such as private lending has a number of advantages and disadvantages. Among the advantages of using such financial assistance:
The disadvantages of receiving funds from a private lender are high accrued interest, the amount of which is regulated solely by the desire of the lender himself, and the terms of the agreement, which sometimes contain clauses that are extremely unfavorable for the borrower. Investors do not have loyalty systems, for example, the borrower cannot refinance the loan or arrange a deferred payment.
Officially registered microfinance organizations lend money from mandatory registration agreement or promissory note certified by a notary. Lenders issue funds against a receipt, which indicates the exact terms of repayment, the amount, and the amount of accrued interest. It is better to take out a loan with a detailed form of the agreement, with all the lending conditions indicated on paper, given by the private investor.
The terms of the loan specified in the agreement or receipt often contain clauses that are unfavorable for the borrower (for example, short repayment periods or high interest rates), but this is compensated by the speed of loan processing. An individual who takes money from a non-governmental organization should carefully study the loan agreement, the correctness of the notarized receipt, and the investor’s documents.
The amount of interest on the loan is set only by the investor himself. The following dependence of the interest rate can be traced: the smaller the loan amount, the higher the interest on a loan from a private person. When signing an agreement or issuing a receipt, you need to pay attention not only to the amount of interest on the loan, but also to the time interval for which they are accrued (month or week). Sometimes the total interest amount exceeds the principal loan amount.
The amount of interest accrued on the loan amount also depends on its type, availability and value of collateral. If the collateral is an apartment, other real estate, jewelry, car, the interest rate will be significantly lower. The higher market price collateral, the less the final debt will be, but not less than the amount initially taken + 5% (to pay commissions).
Applying for a loan from a private investor occurs in several stages. The procedure for considering applications and drawing up an agreement or receipt is usually identical for all investors (with the exception of organizations operating through online offices). In order to borrow money at interest, you must:
Before choosing a company engaged in loans without the participation of a bank, you should carefully study all the terms of the loan, as they may differ from one investor to another, find real reviews from people about the private lender on thematic forums or websites. It is best if a private investor is recommended by one of his friends, colleagues or relatives who have already used the services of this company. You can borrow money from a private person via the Internet without providing personal information other than a passport.
A promissory note or agreement is created jointly by the lender and the borrower. If a written obligation is certified by a lawyer, then a notarial receipt is attached to the agreement in the appendix stating that it is drawn up in accordance with the rules and has legal force. The agreement is printed in three copies: one for the lender, the second for the borrower, and the third for the notary. Loan transactions must be registered in the organization’s accounting department.
When drawing up a receipt for borrowing money, indicate the following information:
The receipt must be signed with the full last name, first name and patronymic, exactly as indicated in the citizen’s identity document. Transferred to the investor during a personal meeting. It is recommended to transfer the receipt in the presence of third parties, indicating their data and signatures. It is advisable to register a loan against a receipt with a notary or lawyer. You can borrow money from a private person without a receipt or agreement. However, repayment of the debt may be significantly delayed.
You can pick up the borrowed funds directly at the organization’s office in cash or provide the details of a bank card or savings account for crediting the loan. Some credit brokers, when borrowing a large amount of cash from them (from 100 thousand rubles), issue money with the help of intermediaries (private banks). The moneylender must provide the relevant documents confirming his cooperation with the bank, attach a copy of them and a check for the disbursement of funds to the agreement. After which you need to present the agreement and check to the bank office and receive the money.
On the lending market, online platforms, forums, and advertisements, there are many offers for microloans from individuals. You can borrow funds before payday without a guarantor or certificates in electronic money systems. In order to choose honest lenders among all offers, it is necessary to track the following criteria for a potential lender:
On popular Internet forums dedicated to lending, as a rule, users who are ready to issue funds to people who official loans banks don't provide it. On thematic forums there are separate topics dedicated to advertisements for private lending against a notarized receipt, for example:
Personal loans are often advertised by people who have a certain amount of money at their personal disposal, which they want to increase at the expense of interest on the debt. You can borrow money from private individuals directly over the phone. Example ads:
A loan from a private investor can be obtained using special Internet services. You must enter your passport details, the amount of debt and the deadline for returning the money, put electronic signature under the contract and receive money into your account. The entire process of applying for such a loan takes about 10-15 minutes. A private loan online can be obtained through the following services:
You can borrow money from individuals who are officially registered and are ready to provide loans in cash or Bank transaction with fast loan processing. There are several types of lenders:
Organizations and associations of private moneylenders are legally registered with the authorities local government, established procedures for issuing money and repaying debt. Examples of creditor associations:
Some payment gateways automatically provide credit when you enter your passport details. Today it is quite reliable, but you also need to evaluate the lending conditions. For example, you can borrow money from:
You can borrow money from individuals using brokerage companies. These are organizations that play the role of intermediaries in domestic and foreign exchange transactions. foreign market, provide interaction between traders and, directly, the foreign exchange platform. Brokerage companies perform an important function of generating profit from foreign exchange trading. In addition, they issue loans. Examples of brokers in Moscow:
On many real or virtual bulletin boards (for example, Avito) offers for private loans are posted. Such moneylenders often take advance payments to a bank account. Examples of advertisements:
If you need to borrow money from individuals, you should carefully choose a money lender and study their principles for issuing a loan. Often in advantageous offers receiving cash is hidden in a fraudulent scheme, for example, if the moneylender offers to reduce the annual rate for making an advance payment, with the condition that the larger the amount of the advance payment, the lower the rate. The second most common scheme is that after the first loan is successfully processed, subsequent ones are issued by default.
There are several ways to make sure that a moneylender or investor is honest:
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If you lend money to a friend, you can lose both the money and the friend. Let's try to make sure we at least don't lose money.
To be able to lend money safely, you need a receipt. It is this document that will allow you to return the money through the court. There is no receipt - consider that you gave the money.
Sergey Antonov
journalist
The receipt confirms that one person took money from another. It will help prove the fact of transfer of money, but will not completely replace the loan agreement. Sometimes even with a receipt it is not possible to return the money due to incorrect wording. For loans of large amounts with interest, it is better to draw up an agreement.
Neighbor Lida is crying in my kitchen: my cousin borrowed 100 thousand rubles for two weeks and has not paid it back for a month, although he swore to return it on time. The amount is large for Lida: she planned to use this money to go on vacation with her daughter.
Why didn't you take a receipt? - I ask.
- How can you get a receipt from a relative? - Lida sincerely asks in response. - We are not strangers!
Often this is the calculation: today the debtor will lie to you that he is about to repay. He will take your money, spend it, and tomorrow he will come up with some new story. And you, they say, forgive him everything: they are not strangers.
If a person really intends to repay your debt, then no receipt should embarrass him. But if he begins to shy away from drawing up the paper, then this is a reason to think about it. Especially when we're talking about about a large sum.
The receipt internally disciplines the borrower. He is forced to remember that he did not just agree on something verbally, but signed a legal document that obliges him to return the money on time.
If you lend more than 10 thousand rubles to another person, the transaction must be formalized in writing. For a loan between two people, a receipt is sufficient. Only in this case can one refer in court to the testimony of witnesses. Even if five people saw you hand over money to your neighbor, the court will not take their words into account if there is no receipt. This does not mean that there will not be a chance to prove the fact of the transfer of money: you can use other evidence, but there will definitely be problems with this.
The borrower must write the receipt by hand. After all, a situation may arise that in court the debtor will say that he did not write the document, but that the signature was forged. Otherwise, you can always insist on a handwriting examination. To be on the safe side, you can call witnesses. They will record on the receipt that they saw you hand over the money. But witnesses are not responsible for the debtor.
The receipt must indicate:
The Civil Code gives you the opportunity to set any percentage and any understandable procedure for its calculation. But this procedure needs to be described so that the borrower, the court or the bailiffs can figure out how much money you are owed. If the interest is twice as high as is usually charged on such loans, the court may reduce them, despite the receipt and agreement.
From June 1, 2018, there are changes in the civil code regarding interest. Now, for contracts and receipts that do not contain anything about interest, they are calculated taking into account the nuances.
Loans up to 100 thousand rubles. If the agreement does not specify interest, you may not receive any money in excess of the debt amount at all. Since June 1, 2018, such loans are considered interest-free by default: as much as you take, give back as much.
Loans of more than 100 thousand rubles. If you forget to set the percentage, the key rate of the Central Bank is automatically applied, which was in effect until the debtor gave you the money. You can find it on the Bank of Russia website: you need a table with interest on transactions in rubles.
It is important to know that if the debtor decides to return the money to you earlier, then he can pay partial interest. Let's say you lent money for a year at 9% interest, and they returned it to you in six months. In this case, the borrower has the right to overpay only 4.5%.
If your friend or relative complains about the interest, say honestly: “Dude, I was going to spend this money myself. But you will spend them instead of me. You will make me uncomfortable. It's a fair price to pay for the inconvenience."
In addition to interest, you can impose penalties for non-payment. Consider this an additional incentive for the borrower, and for you - payment for the nerves that you will spend in court.
The fine may be fixed. For example, the receipt clearly states that if the debtor does not pay the money on time, then in addition to interest, he is obliged to additionally give you a certain amount.
You can do it another way: make sure that delaying the payment of the debt is as unprofitable as possible for the debtor. For example, provide in the receipt that after the repayment deadline, the interest rate doubles. Or the fee for using a loan from a certain date will be one percent per day.
If a friend or relative asks why such harsh measures come from, answer: “My lawyer told me to always write like that. But this won’t affect you, because you’ll return everything on time?”
By law, you have the right to go to court on the very next day of delay, without notifying the debtor of your intention.
If the payment period was not indicated in the receipt, then, based on Article 810 of the Civil Code, the money must be returned to you within 30 days after the first request. To prove to the court that you sent the demand, send a registered letter to the debtor.
Statement of claim You can send it by letter, or you can bring it to the court office in person. The document must be drawn up in triplicate. One will stay with you, the second will go to court, and the third will go to the defendant. In addition, a copy of the promissory note will need to be attached to each copy of the claim. Save the original for the court hearing. Another required document- receipt of payment of state duty.
If the debtor does not want to pay on time, and you forgot to set a fine for this, not all is lost. It is possible, even without a condition in the contract, to increase the amount of his debt by interest for the delay. Interest will be charged on the amount that you initially gave to him or he did not return. This is a sanction for the fact that the debtor did not repay the debt when he promised. The amount of penalty interest is fixed and coincides with key rate. You can also demand compensation for losses if you can prove them.
If you agreed that the debt will be returned to you in parts, but the debtor did not pay some part on time, you can demand that everything be returned, along with interest.
If you lend an amount of more than 150 thousand rubles, in addition to a receipt, you also need a loan agreement. The threshold of 150 thousand is not fixed by law, we took it on the basis of modern judicial practice. We will tell you how to draw up a loan agreement in a separate article.
How to lend money correctly? This question worries many people. Some people just want to help their friends and family, but they are afraid that after this they will no longer see their money. As in the good old saying: “If you want to lose a friend, lend him a loan.”
Others look for a certain benefit in this and borrow at interest, turning into a kind of But if the latter are protected by all sorts of federal laws, then citizen creditors often simply “donate” their savings. We'll talk about how to lend money correctly.
Any amount over 1 thousand rubles must be accompanied by written agreements.
This is an obligation for an individual according to Civil Code RF. For legal entities, the law is different - any amount is formalized in an agreement. Therefore, the first rule on how to properly lend money is to enter into a written agreement.
According to the agreement, the borrower will be called the borrower, and the giver will be called the lender. Not a creditor. It is important. With such wording, problems may arise in court for the lender himself. The defendant, with a competent legal position, can simply cancel the contract, citing the fact that individual cannot be a creditor.
But, as they say, “you can’t attach words to deeds.” Therefore, we advise you to arrange absolutely any amount through a loan agreement.
Many citizens find it inconvenient, and sometimes simply too lazy, to complete all kinds of written documents. They give money hoping for honesty and integrity. Of course, that's their right. We are only talking about how to lend money correctly from a legal point of view, so that later you have something to present in court.
But what to do if you don’t want all kinds of notes? There are people who are uncomfortable offering this. On the one hand, they want to play it safe, but on the other, they are afraid of offending a person. After all, it is unknown how a friend will perceive this information. Perhaps, after offering to conclude a loan agreement, he will no longer be considered as such. There are some tricky tips for this:
You can think of other ways. But know one thing: if they are going to return your money, they will sign any agreement. These tricks are needed so as not to offend your friend. A legally educated person will understand that all this is fiction, but he will treat such an agreement with understanding. You don’t have to come up with any reasons, but simply say directly: “I’ll give you the money, sign the document.”
The receipt is drawn up in any form. But there is one rule - the more information, the better. It should contain the following data:
Now we know how to properly lend money and what documents to draw up when doing so. First of all, this is a receipt or loan agreement. Now about what it is advisable to do when designing it, but not necessary:
Now let's talk about percentages. This is always a sore subject in court. As a rule, when a borrower needs money urgently, he agrees to any percentage. But, as in the famous catchphrase, “if you take someone else’s, you give away your own.” When the time comes to return the money, disagreement with interest begins, i.e. no one disputes the amount of the principal debt (this is useless). They are trying to reduce interest, penalties and fines.
As for legislation, there is no clear position. Courts have discretion to decide how much interest, fines and penalties are payable. This is not regulated in any way. In addition, the Supreme Court of the Russian Federation indicated to lower courts in mandatory apply articles of the Civil Code of the Russian Federation to reduce interest, fines, and penalties.
Therefore, by paying 10 thousand rubles at 25% per annum with fines and penalties for each day of delay, after a few years you can return 10 thousand + 100 rubles.
And now the other side of the coin. If the receipt does not indicate interest for the use of money, then by default it is assumed that there is one. The borrower is obliged to pay a percentage of the refinancing rate Central Bank RF. It changes annually.
The refinancing rate is the percentage at which the Central Bank of the Russian Federation lends to other banks and credit organizations. This amount is higher than inflation. Therefore, before you properly lend money against a receipt, you need to find out about refinancing. It is important if the receipt does not indicate the amount of interest.
Now let's talk about so-called secured loans. Or more precisely, how to properly lend money at interest with collateral. The latter is usually a car or an apartment.
Let's start with vehicle. The law allows private investors to lend money against a car as collateral. There are two options:
But what is the correct way to lend money against a car? Main points of the agreement:
Remember that according to the Law on Pledge, the agreement will be invalid if it does not comply with the established form.
In addition, notaries have the right to register a transaction with a pledge in a special register at the request of the pledgee. This minimizes fraudulent schemes. For this, in addition to the services of a notary, you will have to pay a state fee. But the main advantage is obtaining registration of the agreement, which gives guarantees to both parties.
But if the vehicle is mortgaged several times? Then the right to it is received by the person who first officially registered the transaction. A loan agreement secured by a car is considered concluded from the moment this is stated in the Civil Code of the Russian Federation.
Now let’s talk about how to properly lend money secured by real estate. The first thing you need to do is carefully study all the documents for the apartment. She may already be on bail. Of course, it is fraud on the part of the borrower not to inform the lender about this, but the latter has little material benefit from this.
A deposit for an apartment, just like with a car, is accompanied by registration in Rosreestr. In the contract itself, in addition to the main points, you can specify the rule for the pre-trial alienation of the apartment.
The main advantage of an official transaction with a government agency is security for both parties from fraud. If the agreement has passed Rosreestr, then the apartment or car is not officially pledged. At least the government agency knows nothing about it. This means that in court the law will be on the side of the lender who officially registered the transaction.
Thus, we tried to answer the question of how to lend money correctly.
The first rule is to document any amounts. Don't be afraid to ask for a receipt.
The second rule is to require collateral when borrowing large amounts. It could be a car, real estate, securities, antiques, etc. We have already talked about the main nuances of how to lend money correctly on the security of a car or apartment. The main thing is to register all transactions through a notary in Rosreestr. Remember that if you executed a secured agreement with this government agency, and then it turned out that you are not the first applicant for a car or apartment, then the court will be on your side. The rule here is that whoever registered it first in Rosreestr gets the deposit.
We hope now you know how to lend money correctly. After all, forewarned means forearmed.
If you urgently need money, you can ask for a loan from relatives and friends. Of course, you won’t be able to borrow a lot, and not every loved one has available funds, but it’s still better to ask than to be tormented by doubts. If the amount is large enough, then it can be done with several people. Thus, the chance of being rejected will be much lower, since the amount will not be very large. The advantage of such a loan is that you will not have to pay interest. However, the debts will need to be repaid on time, otherwise the relationship will be damaged and it will be very difficult to restore them.Arkady Grigoriev
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There are places where almost anyone can borrow money without interest. And it's not as difficult as it might seem. However, each method has its own subtleties and limitations. It is easier to choose the best option for those who have clearly defined the required amount and the purpose of its use. Before you start looking for an interest-free loan, you need to decide on its size and duration in order to choose the right lender.
The best loan offers according to the editors:
The need to take out a loan can arise at any time, and realizing the desire to take out money in installments without interest is not as difficult as it seems at first glance. To get additional cash investments into your budget, you should contact those who have them.
Interesting! Statistics say that people of the old school, over 40 years old, try to borrow from friends and relatives. Whereas young people strive to choose more creative options.
Despite the obvious disadvantages of this method of borrowing money without interest, about 80% of people choose it.
One of the indirect ways to get additional funds with the help of relatives is to live with them for a certain time and rent out your apartment.
Microcredit is an excellent option to get a small loan for a short time. Despite the fact that microfinance organizations are famous for their high interest rates, get money for preferential terms Maybe. From time to time they hold promotions to attract new clients, according to which those who register for the first time can. The advantages of cooperation with such organizations are obvious:
This method also has disadvantages: a small amount and a short period. An interest-free loan is issued for 1-2 weeks, and its size is often limited to an upper limit of 10 thousand rubles.
Despite the fact that banks do not give free loans, a grace period on a credit card can save the borrower. To the interest-free period credit limit The term grace period is also used (from the English grace-period).
By popularizing microcredit and trying to get ahead of competitors, banks are opening up new opportunities for their clients. Offers that allow you to open a credit card with grace period in a short time, is no longer uncommon. For example, Sberbank promises that during which you can repay the debt without interest, in almost 2 months.
Pros of using a bank card:
Points that may create difficulties:
Having several credit cards, you can pay off the debt on one at the expense of the credit limit of another, and so use the loan without interest for some time. At the same time, it is simply necessary to conduct home accounting, so as not to miss repayment deadlines and not miss anything.
If you need money to develop your business, you should go looking for investors. To do this, you will need to draw up a business plan with clear calculations of the planned profit and return on investment. If the investor does not demand interest for using the money, he will be interested in receiving a share of the business or a percentage of the profits.
Only a completely healthy person can be a donor. You won’t be able to get a decent amount of money right away for donating blood. If the number of blood donations exceeds 40 times, and plasma - 60, then the volunteer is awarded the title of honorary donor, monthly payments, travel compensation, annual free holiday in a sanatorium.
When studying the question of where you can get money in installments, you should pay attention to the advice of professionals who will help you get out of debt:
Financial risks must be carefully assessed. Lending is an area in which you need to weigh everything many times and only then decide. Haste and inattention can lead to significant financial losses.