Question:

I have a reticent ba’al chov who is shlepping me along and there is iska attached to this loan. I want to prepare myself with adequate documentation in the event of a din Torah. Would it be acceptable to present the beis din with a document signed by the borrower stating the amount owed, the iska agreed or should such a document be signed in front of aidim or do you have a different suggestion? I am nearly at the point of handing the loan to a lawyer / toan rabbani for collection. I simply do not want the agmas nefesh. Thank you

Answer:

Answer from Horav Y. Fleishman shlit”a

It is better to do in front of eidim i.e. he needs to admit in front of two proper witnesses and he should tell them they should witness his admission and he should ask to write you a shtar to that effect and then  they should write a shtar on the day____ in their presence he told them to write a shtar stating the fact that he admitted that he owes you x amnt of money and they should sign in the line directly following the shtar and give you the shtar:

 

Tags: debt

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