1. What if there is an iou, but the other party doesn't accept the loan?
As long as there is the borrower's autograph, seal or handprint on the loan, he can't deny it. He can directly take the loan to court to sue him, but he still has to pass some evidence, such as transfer records and testimony of other insiders. If the evidence is sufficient, he is sure to win.
Second, isn't it illegal to owe money?
1, owing money is illegal, which violates the civil law, not the criminal law. Only the court can be sued for repayment, and the public security organ cannot intervene;
2. The Notice of the Ministry of Public Security on the Public Security Organs Not Illegally Interfering with the Handling of Economic Disputes and the Notice of the Ministry of Public Security on Prohibiting Public Security Organs from Interfering with Economic Disputes and Illegally Arresting Persons have detailed provisions on the public security organs not interfering with economic disputes such as contracts and debts.
Third, how to sue if you owe money?
(1) Pay legal fees
The legal fees shall be paid in advance by the plaintiff at the time of prosecution, and shall be determined according to the circumstances of the case after the case is concluded. If the defendant loses the case, the defendant will bear all legal expenses; If both parties win or lose the case, the legal fees shall be shared by both parties or determined by the court.
(2) In general, the following materials should be submitted when suing.
(1) One original indictment, with copies submitted according to the number of defendants;
(2) Qualification certificates of the parties (including plaintiff, defendant, third party, etc.). );
(3) evidence that the court has jurisdiction;
(4) Other evidence.
(three), private lending disputes need to submit evidence.
(1) Loan agreement or IOU;
(two) the loan relationship has a guarantor, and provide a guarantee certificate;
(3) proof of payment and receipt of both borrowers and borrowers;
(4) Proof of the purpose of the debtor's loan;
(5) Proof that the debtor should pay interest;
(6) If there is no interest agreement, the creditor requires the debtor to pay the overdue interest, or the interest-free loan on an irregular basis has not been repaid after being urged, and the creditor requires the interest to be paid after being urged, there shall be evidence that it has not been repaid due or after being urged;
(7) If the debtor's whereabouts are unknown, there should be relevant evidence to prove the authenticity of the creditor's rights certificate and pay off the debt;
(8) Payment and interest payment vouchers.
Iv. the indictment for not repaying the loan
The gender, date of birth and national telephone number of the plaintiff.
address
The defendant's gender, date of birth and national telephone number.
address
Cause of action: private lending dispute
ask
1, and ordered the defendant to repay the loan.
2. The litigation costs shall be borne by the defendant.
Facts and reasons for prosecution
On, the defendant borrowed RMB from the plaintiff and signed a receipt as evidence, which agreed to repay the loan. At the expiration of the loan period, the defendant refused to repay the loan. The two sides failed to negotiate many times, so they filed a lawsuit in your hospital, requesting the court to make a judgment according to law and support the plaintiff's claim.
I am here to convey
People's court
Plaintiff (seal):
Date, year and month
In order to prevent you from meeting Lao Lai, when you borrow money, you must ask the other party to write an IOU, which is legal evidence to protect creditors. If the debtor fails to pay back the money within the specified time, the creditor shall appeal within the effective limitation of action. Although it is not within the effective statute of limitations, the people's court still accepts it, but the creditor has lost the chance of winning the lawsuit.