Tip 1: How to acknowledge receipt invalid

often in transactions with real estate one of the parties involved in the transaction, the other party sends any amount of money.The amount of money in cash can also be transferred to the debt.In these cases, the transaction may be confirmed by receipts.But it happens that the borrower is given a receipt , but the lender subsequently gave him a smaller amount of money, or did not give at all, and a receipt was left in his hands.The question of how to acknowledge receipt null and avoid prosecution.
Guide
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If there is a cash loan in which the borrower has taken a certain amount from the lender, it is a unilateral commitment confirmed receipt.The more specific data will be indicated in this document, the harder it is to challenge it in court.Normally, it specifies the details of the borrower - his surname, first name, passport number, place of residence.The receipt must be signed by the borrower, next to the signature must be dated.
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In that case, if no note details such as passport nu
mber and place of resident borrower, the receipt may be invalidated.Lender will be very difficult to prove in court that the money transferred to them specifically you, as people with the surname, name and patronymic can be many.Without mandatory requisites, according to st.808 Civil Code, a receipt can not be a proof of the conclusion of the loan agreement.
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reason to make an attempt to challenge the legality of the submission to the court receipts can serve as a lack of signatures of witnesses, as well as the registration of a notary.In these cases, you can also make a statement that the receipt - a fake document.
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You can challenge receipt , even if it has given details and passport number, referring to the fact that your signature is fake.In this case, will be appointed handwriting expert and an expert will present its opinion.But if the result of examination will prove that on the receipt it is your signature, you will have to pay not only the amount owed, but also pay for the examination.
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Acknowledge receipt invalid, the court may, if you can prove that you have not signed it voluntarily or under duress in difficult circumstances.Its laws can be challenged in that case, if it is proved that you signed it while intoxicated or under the influence of drugs, as well as physical or moral pressure.

Tip 2: How to challenge receipt

loan agreement often involves the issuance of a receipt for the money.In judicial practice, there were cases when the receipt was recognized invalid.However, in the Civil Code of the Russian Federation clearly specifies the cases in which a receipt can be challenged.
How to challenge a receipt
Guide
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enters into a contract in writing only when its amount is ten times the minimum wage, or when the person giving the loan, a legal entity.Please note: failure to comply with the written form of the loan agreement does not allow for challenging released by evidence.
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If you and a representative of the second party does not come to a compromise, the receipt will be able to challenge only in court, receipts may be challenged if:
- the borrower has denied that he received money or goods from the lender;
- the borrower maintains that the amount of money received significantly less than specified in the contract;
- a receipt is written fraudulently induced, by means of violence or threat;
- if an agreement with the representative of the borrower by the lender carried out with malicious intent or in the presence of aggravating circumstances.
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Imagine the court with evidence that the money or other things have not been received from the lender (witness statements, bank statements, etc.).Only then can the court decide on the recognition of the loan agreement null and void.The contract is recognized not concluded, and subject to finding evidence that money or things really get a much lesser extent than that indicated in the receipt.However, as practice shows, in most cases, the court did not satisfy the lawsuit, citing the fact that the signing of the contract without the transfer of money looks very suspicious.
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Present to the court testimonies, audio and video materials proving the fact of coercion to compile and issue receipts.In this case, the court usually does not object, and shall rule on the recognition of the treaty null and void.
Helpful hints If you have been treated unfairly, you should refer to the court and not be afraid of the judicial process.Laws are created in order to protect the rights and interests of citizens.Encourage participation in the process of witnesses to prove the forced signing of the contract.The more business is unclear, the greater the likelihood that the court will take the side of the victim.

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