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Lend or borrow – first learn laws

A family from Slovyansk, Donetsk region, found themselves in the complicated debt circumstances. After receiving the lawyer's advice the mother and daughter have a chance to reasonably, peacefully and legally resolve the situation.

Tamara Karpenko* appealed to Slovyansk office of Legal Development Network of the Agency for Democratic Development of Donbass with trouble her 19-year-old daughter had got into.

Marina is a third year student of the University, studies and lives in Kharkiv. Recently, she borrowed 11 000 UAH from one of her fellowstudents, who like the girl was living in the dorm. At the guy’s request she wrote a receipt saying she took money for 2 months at interest. 2 months later the debtor managed to pay only 2 000 UAH. And the borrower is not satisfied with such conditions: he calls the girl’s mother and demands urgently to return the remaining part of the debt and interest.

After reviewing carefully the copy of the document the office lawyer Olena Soloshenko made some conclusions.

First, the receipt does not state the amount of interest, under which the borrower gives the money. It just says "at interest". Secondly, it is made so that does not fall under the form of the debt receipts, which, if necessary, you can submit to court. For example the passport data of the parties are not even listed in. That is such a receipt has no legal force.

Usually disputes of this kind are resolved in court. But in this situation if the guy decides to sue Maryna with such receipt, he can hardly count on success: one out of ten that he will lose the case. On the other hand, the mother and daughter are talking about threats and pressure from his side.

In this difficult situation Olena Soloshenko advised the woman to solve the issue through peaceful negotiations. Or offer the guy to create another receipt, but in the right form.

At the same time, the lawyer explained Tamara which loan agreement is "right" and how to sign a document to have legal force.

Read more here.

P.S. The Legal Development Network offices are created and work with financial support of “Human Rights and Justice” Program Initiative of International Renaissance Foundation.  Read more about activity of Community Law Center network, basics and principles of work on Legal Space.

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