OTC private loan (from one person to another)



To do without the banking intermediary, some have the chance to appeal to their family or friendly circle.

It is nevertheless essential to comply with certain formalities to avoid many problems. The Civil Code specifies that all loans in excess of 1,500 euros must be formalized in writing, to have value of evidence in case of dispute between the lender and the borrower.

To accompany you in these administrative procedures, two choices are available to you:

The private deed (between individuals)

The private deed (between individuals)

Interesting because of its ease of implementation and its cost (between individuals, it is simply free!), It goes through a debt recognition written on free paper.

This document lists in numbers and in letter the sum borrowed. It will obviously be dated, signed and written by the borrower.

Important: Do not hesitate to archive as many “proofs” as possible of your loan. Therefore, forbid loans in cash and give priority to checks or transfers, for which a trace of the transaction exists.

The notarial act (in front of notary)

The notarial act (in front of notary)

The drafting of the loan agreement between individuals can be entrusted to a notary, which also allows to agree on guarantees (example: mortgage).

Obviously, the use of a professional incurs costs (the fees will be calculated according to the amount borrowed + a registration fee). But this allows you to secure the transaction and ensure your ability to appeal if the borrower does not repay.

Obviously, in both cases, on the side of the lender, the loan must be declared. The tax on the interest received on the loan granted is unavoidable from the moment the amount of the loan exceeds € 760. For the borrower, this loan must be deducted from the taxable assets.

A credit to “serious” individuals?: in the absence of a financing facility with his circle of relatives, borrowers are often tempted to seek help on the internet.

Number of personal loan sites offer linking through forum and other ad systems with an unknown individual. Obviously, all “sell” a credit between serious, easy and fast.

The promise is enticing, but often hide behind these ads a scam: many Internet users are thus to advance costs … without ever seeing the loan funds promised!

On the other hand, the private lender must be particularly vigilant: indeed, the borrower can be for example registered with the Bank of France, the FICP (file of the Incidents of repayment of the Credits particular) and / or with the FCC (Central File of Checks). As only accredited organizations have access to this file …

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