07/10/2022 10:07

Can handwritten loans be sued for restitution?

Can handwritten loans be sued for restitution?

In our country, the situation of people lending money to relatives only by handwriting is quite common. So if there is only handwritten paper, can you file a lawsuit in court asking the borrower to pay?

According to the provisions of Article 463 of the Civil Code 2015 :

Contract for the loan of property means an agreement between parties whereby a lender delivers property to a borrower. When the loan falls due, the borrower must repay the lender property of the same type in accordance with the correct quantity and quality, and must pay interest if so agreed or so provided by law.

At the same time, Article 119 of the Civil Code 2015 provides as follows:

1. A civil transaction shall be expressed verbally, in writing, or through specific acts.

Civil transactions by way of electronic means in form of data messages prescribed in law on electronic transactions shall be deemed to be written civil transactions.

2. In cases where it is provided for by law that a civil transaction must be expressed in writing, notarized, authenticated, registered or permitted, such provisions must be complied with.

In addition, other provisions of the current Vietnamese civil law do not have mandatory provisions on property loan contracts that must be made in writing with notarization and certification.

Thus, the borrowing of money by handwritten paper is considered a civil transaction, expressed in written form and will be the basis for initiating a lawsuit to the Court of Vietnam to request the repayment of the loan.

Here are some judgments on loaning money by notarized and certified handwritten paper, you can refer to:

1. Judgment on property loan contract dispute No. 54/2021/DS-ST

"Due to the acquaintance, on July 12, 2018, his wife and I lent Mr. T the amount of 372,000,000 VND, Mr. T borrowed to buy agricultural products; The two parties agreed on an interest rate of 1%/month. If Mr. T can not pay, his wife and I have the right to take 01 parcel of land with property on the land as a level IV house in village 3, commune N, district B, province P; The two parties made a handwritten loan, he is in the name of the lender, Mr. T is the borrower. However, beyond the repayment period, Mr. T was unable to pay any principal and interest as agreed. His wife and I have repeatedly asked Mr. T to pay the loan amount but Mr. T did not pay and did not hand over the land and housing to his husband and wife but transferred it to others. Therefore, he filed a lawsuit asking Mr. T to pay his wife and him the loan amount of 372,000,000 VND.

The People's Court of Bu Dang District, Binh Phuoc Province declares: Accept the entire request of Mr. and Mrs. H for Mr. T; Force Mr. T to pay Mr. and Mrs. H the amount of 372,000,000 VND (three hundred and seventy two million dong).".

2. Judgment on property loan contract dispute No. 123/2022/DS-PT

“On August 22, 2008, Mrs. V and her husband Mr. T lent the amount of 340,000,000 VND to Mr. Luong Hung L and his wife Ms. Thi Phuong L. When two parties make handwritten papers with each other, the interest rate shall be agreed by the two parties. Specifically, there is a handwritten loan signed by Luong Hung L and Phuong L dated 22/8/2008; handwritten commitment signed by Luong Hung L and Mrs. Nguyen Thi Phuong L dated 08/11/2008. In the loan note showing the content when you need to pay, Ms. and Mr. T need to notify Mr. Long and Ms. Lan 3 days in advance. In the commitment letter dated November 8, 2008, Mr. and Mrs. L committed to pay to her husband and Mrs. L 50% within the first 45 days, a subsequent month to try to make the remaining payment. However, since the date of handing over the money to Mr. L, Mrs. L has been 12 years, Mr. L and Mrs. L have always deliberately refused to pay the debt. she requested the People's Court of Nam Tu Liem District, Hanoi City to force Mr. Luong Hung L and Mrs. Nguyen Thi Phuong L to pay her the amount of VND 340,000,000.

The People's Court of Hanoi declares: Accept the lawsuit petition of Mrs. Nguyen Thi V. Force Mr. Luong Hung L and Mrs. Nguyen Thi Phuong L  to pay Mrs. V the amount of 340,000,000 (Three hundred and forty million) dong.".

3. Judgment on property loan contract dispute No. 28/2021/DS-ST

"On September 5, 2019, Ms. Bui Thi Thuy P lent Ms. Hoang Thi T the amount of VND 650,000,000. When the loan is made in writing, the purpose of the loan is to mature the bank so the parties agree on 3 days to pay, when the loan does not agree on interest rate. However, the debt due date that Mrs. T did not pay as agreed though Ms. P repeatedly asked Ms. T to but Mrs. T repeatedly and evaded not to pay. Therefore, Ms. P initiates a lawsuit requesting Ms. T to be obliged to pay Ms. P the principal amount of VND 650,000,000 and the amount of interest arrears temporarily calculated from the date of violation of the repayment obligation until November 2020 with the interest rate of 1.25%/month is VND 84,500,000. The total is 734,500,000 VND.

The court pronounced: Accept the petition of the plaintiff Ms. Bui Thi Thuy P. Force Ms. Hoang Thi T to be obliged to pay Ms. Bui Thi Thuy P the total amount of VND 763,704,500. In which the principal amount is VND 650,000,000  and the interest is VND 113,704,500.".

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE

Nguyen Sang
43


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