WHAT WE DO HOW CREDITS A PAYMENT? The receipt and formalities.
Payment is primarily a voluntary act and is lawful for an immediate end to the cancellation of an obligation, the annihilation of the right of the creditor. We all know that, especially when it comes to legal obligations (eg payment of alimony, under a contract, etc.) Payment is made against a receipt or documented evidence of receipt by the creditor. Tuesday, March 21, 2006
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Actually, it is generally accepted that total or partial cancellation of a legal requirement may be proved by the person who relies on any form of evidence, including witnesses (with the exception of executive action, which should always be tested with the document receipt). However, as the case before the judge, it will be very strict in the assessment of any evidence other than the receipt. And here we must remember that court, not only must be right to assert a right, but mostly try , show the judge that it is, take him to the belief that what we assert is occurring at the so that we and our demand is set to the right.
Hence the ultimate way to prove a payment and the cancellation of a legal obligation, is the receipt.
Of course there are other valid ways to bring certainty to judge our performance. Years ago (too many for my taste), recently received a powerful trader Once gave me very good advice: "when copper, try it in cash, you pay, always with a check" not to order ", and that insurance will lose the receipt, but the record of check cashing at the bank will be kept for a period of ten years ".
But look how to prepare a receipt.
Since the receipt and as such, no formality, that is not regulated the way of making them, but it's worth bearing in mind minimum issues that can prevent major headaches, namely
- must state the date and place of issuance , this reference will prove that the payment was made in a timely manner, or within the agreed to do so;
- be imputed, ie, it must express the reason why is paid, whether for example the rental of property situated in such place and for such month, the cancellation of the quota number such loan, the balance of the purchase of such a thing, and so on.;
- also be expressed if charged to capital, interest or in the case is made to either the amounts allocated to each ;
- it should be stated the amount paid, ideally letters and numbers
- if you pay the balance of the obligation, ideally this should be noted that situation and finally
- must be signed by the creditor or his representative , and should also clarify its signature handwriting.
Before leaving this issue, it is clear that the requirement granting of receipt by the creditor is a right to pay, tending to have proof that it has fulfilled its obligation and the lender does not want to extend it should appropriate payment (deposit in court).
Remember also keep their receipts for safekeeping.
have any doubt, do not forget to consult your trusted lawyer.
Carlos Alberto Gemetro
Advocate Bar Association of the Federal Capital
Volume 9 Folio 875 Ciudad Autónoma de Buenos Aires Argentina Republic
Contact: drgemetro@speedy.com.ar
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