Question 2: Do I have to write the loan by hand?
Question 3: Should the IOUs be handwritten or printed? If it is a real loan relationship, it should be ok whether the loan is handwritten or printed. However, the borrower on the receipt must be personally signed and confirmed by the borrower. Only in this way can we prevent no objection in the future.
Question 4: Are IOUs usually handwritten or typed? 1. The law does not stipulate whether the loan should be written or typed. As long as there is a real loan relationship between the two parties, the loan is valid;
2. The court will, in combination with other evidence, determine whether there is a loan relationship between "IOUs" or "receipts" with defects in form. At the same time, the loan for cash delivery can be comprehensively judged according to the delivery voucher, payment ability, trading habits, loan amount, the relationship between the parties and the transaction details stated by the parties.
3. Legal basis: The General Principles of the Civil Law, Opinions on Several Issues in Implementation (for Trial Implementation), Opinions on People's Courts Handling Lending Cases, and Notice of the Supreme People's Court Municipality on Properly Handling Private Lending Disputes according to Law to Promote Economic Development and Maintain Social Stability all have detailed provisions, and it is recommended to consult them.
Question 5: Do borrowers have to write IOUs? not necessary
As long as the signature is written by the borrower himself
Or have the borrower's handprint!
Question 6: Handwritten IOUs only have signatures without seals and handprints. Is it legally binding? Yes, the meaning is true, the content is not illegal, and the subject is legal.
Question 7: Is it useful for the other party to write an iou and send it to me by photo? It is useless for the other party to write an iou and send it to me by photo, which has no legal effect.
According to the spirit of General Principles of Civil Law, IOUs have the following requirements: 1, which must be content that can prove the fact of debts. In other words, there must be clear elements such as debtor, creditor, borrowing time and amount on the IOU, otherwise it is impossible to prove who owes whom money and how much money, and the probative force of this IOU is not enough; 2. It must be the expression of true meaning. That is to say, if this IOU must be made by both parties on the basis of equality and voluntariness. 3. IOUs must be legally obtained. I don't need to elaborate on the reasons. The Civil Procedure Law requires that whoever advocates should give evidence. From the legal point of view, its acquisition is not the true expression of meaning. In short, you can't be sure that someone else has such an iou to prove it effective, nor can it prove it invalid. The key is that both sides have to prove their own views, so that the judge can believe and adopt them. It is a written application written by an individual or unit to the relevant unit or individual when it owes money or things to the relevant unit or individual. White stripes are also called "IOUs" today. IOU is also a common written document in daily life to prove that one party owes money to the other, and it is an application style of credentials.
Question 8: Is it better to write a private loan or print a private loan contract? Of course, handwritten proof is more effective. The full text should be written by the debtor and signed by the debtor (if it is better to stamp). It is best to indicate the debtor's ID number on the debit note, and attach a copy of the ID card after the debit note (the best way is to write the debit note directly on the copy or back of the debtor's ID card).
Because the printed content can be attached (for example, continue to print other content in the blank), it is not suitable as a way of private lending contract. If the content of the loan is written by the creditor, and the loan is in the creditor's hand, it is possible to add content in the blank, so it should not be written by the creditor.
The above two methods (printing or writing by creditors) are prone to disputes, and the debtor can claim that the creditors have tampered with them and refused to recognize the legitimacy of the IOUs, resulting in defects in the effectiveness of the IOUs. Therefore, the borrower should write all the contents of the loan (because the loan is in the hands of the creditor, there is no possibility that the debtor will attach it himself).
In addition, the meaning of IOUs must be clear, and there can be no ambiguous expression. Compared with "XXX borrows a few dollars from XXX", it seems right. In fact, in Chinese text, it is not clear who is the creditor and who is the debtor.
Therefore, the borrower (or creditor) and the lender (or debtor) should be indicated in the receipt. Try to write it off and leave it blank.
In addition, the amount must be clearly capitalized to prevent it from being modified; At the same time, indicate the loan interest, the interest shall not be higher than 4 times of the bank loan interest in the same period (the excess part is not protected by law), and the excess part can be identified as usury.
Question 9: Is the handwritten IOU valid? It can be proved that the creditor and the debtor have a clear amount, and it is valid only after being signed by the debtor.
Question 10: Will such a simple handwritten loan have legal effect? No problem, it's basically clear. There is a borrower, an amount, a date of borrowing and a date of return. As long as it is signed by the borrower.