The loan between private individuals by mutual agreement (from one person to another)


To do without the banking intermediary, some are lucky enough to be able to call on their family or friend circle.

It is nevertheless essential to comply with certain formalities to avoid many problems. The civil code specifies that all the loans of an amount higher than 1500 dollars must be formalized in writing, to have a value of proof in the event of litigation between the lender and the borrower. To help you with these administrative procedures, you have two choices:

Private deed (between individuals)

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Interesting by its ease of implementation and its cost (between individuals, it is simply free of charge!), It goes through an acknowledgment of debt written on free paper.

This document lists in figures and in a letter the amount borrowed. It will obviously be dated, signed and written by the hand of the borrower.

Important: Do not hesitate to archive as much “evidence” as possible of your loan. So proscribe cash loans and favor, for example, checks or transfers, for which a trace of the transaction exists.

The notarial act (before a notary)

The notarial act (before a notary)

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

Obviously, the use of a professional incurs costs (the costs of the act 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 lender’s side, the act of loan must be declared. Taxation on the interest received in respect of the loan granted is unavoidable from the moment the loan amount exceeds $ 760. For the borrower, this loan must be deducted from taxable assets.

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

Many loan sites between individuals offer the connection through a forum and other systems of announcement with an unknown individual. Obviously, all “sell” a credit between serious, easy and fast individuals.

The promise is enticing, but often there is a scam behind these ads: many internet users find themselves advancing costs … without ever seeing the promised loan funds!

On the other hand, the individual lender must be particularly vigilant: in fact, the borrower can, for example, be filed with the Banque de France, the FICP (File of Incidents of Repayment of Individual Credits) and/or the FCC (Central Check File). As only approved organizations have access to this file …