Legal analysis: forged IOUs do not have the authenticity and legitimacy of evidence, and of course they have no legal effect. If we have evidence to prove that the IOU is forged, it means that there is no real loan relationship, and of course there is no need to repay. But the crux of the matter is that there must be evidence to prove that the IOUs are forged. Generally speaking, if the signature on the IOU is true, then it is presumed that the content on the IOU is true. If you want to overturn the probative effect of IOUs, according to the rules of evidence, you must provide the opposite evidence to overturn them, otherwise the court will determine the validity of IOUs. Therefore, when the creditors hold our signed IOUs to urge for loans, and we have no loans, we must actively collect evidence to the contrary, instead of blindly confronting the creditors on the grounds of ignorance. Of course, according to judicial practice, if the IOU is a large loan, the creditor will also provide evidence on the payment voucher of the loan, otherwise the court will find that the evidence of the loan is insufficient.
Legal basis: Article 148 of the Civil Code of People's Republic of China (PRC) * * * Where a party commits a civil legal act that makes his will express against his true meaning by fraudulent means, the defrauded party has the right to request the people's court or an arbitration institution to cancel it.
(1) The party concerned fails to exercise the right of cancellation within one year from the date of knowing or should have known the reason for cancellation, and within 90 days from the date of knowing or should have known the reason for cancellation; (2) The party concerned is coerced and fails to exercise the right of cancellation within one year from the date when the coercion is lifted; (3) After the parties know the reasons for cancellation, or explicitly give up the cancellation right by their own actions. If the party concerned fails to exercise the right of cancellation within five years from the date of the civil juristic act, the right of cancellation shall be extinguished.