Lending to a loved one is not to be refused. But a loan without written evidence is a friendship put at risk without a safety net. Here’s what French law requires — and what free templates forget to tell you.
A loan between close individuals is often concluded in three sentences and a transfer. Everyone is acting in good faith, and that’s precisely why nothing is written down: writing would imply doubt. Then months pass, memories diverge, and only two versions of the same story remain.
The document that protects both parties is called a debt acknowledgment. It is not aggressive: it protects as much the one who owes — by specifying what they owe, and nothing more — as the one who lent.
The text is short, and it is ruthless on one point. A written document by which one person commits to paying a sum of money is only valid if it contains two things: the signature of the person committing, and the mention — written in their own hand — of the amount, in both words AND figures.
This is where most free templates betray their users: they provide a nice pre-filled document, entirely typed on a computer. Signed as is, it loses most of its evidential strength.
Above €1,500, a written document is generally required to prove the existence of the loan. Below that, proof can be provided by other means — but "can" does not mean "easily".
And if the written document is imperfect — missing mention, amount only in figures — not all is lost: the document then serves as a beginning of proof by writing. It must be supported by other elements: bank statements, messages, testimonies. In other words, you do not leave empty-handed, but you leave in difficulty.
A witness attests that they have seen. They commit to nothing, will never pay anything, and their only function is to make contestation more difficult. Their presence costs nothing and is worth a lot.
A guarantor, on the other hand, commits to paying if the debtor does not pay. This is not a formality: it is a real financial commitment, which can be demanded of them. One does not ask someone to be a guarantor lightly, and one does not accept to be one without understanding what they are signing.
A document does not repay. What makes a loan between close individuals settle well is not the paper: it is the follow-up. Knowing where things stand, without having to ask. Seeing a due date coming before it is missed. And, when a difficulty arises, being able to talk about it early — while it is still small.
Most loans between close individuals do not go wrong due to bad faith. They go wrong because no one dared to talk about money early enough.
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