What is the required amount of debt recognition?

Debt recognition is a written document by which a person, called the debtor, acknowledges that he owes a sum of money to another person, the creditor. This act may be drawn up freely by the parties. However, to ensure its validity, it must include certain essential elements, such as the amount due, the conditions for reimbursement and the signature of the person who undertakes to pay.

From a certain amount, recognition of debt must comply with specific rules in order to be legally valid. According to article 1359 of the civil code, any acknowledgement of debt exceeding € 1 500 must be in writing. The purpose of this obligation is to protect the parties and to avoid litigation in the event of disagreement over the terms of reimbursement.

This writing can take several forms:

• it may be drafted under a private name, that is to say without the intervention of a notary;
• or be authenticated by a notary for greater legal certainty.

Even in the case of a lower amount, it is strongly recommended to formalize the transaction in writing. This constitutes proof of the remittance of funds, of the purpose of the remittance (loan and non-donation) and facilitates the recovery of the loan in case of dispute.