Pay (hái) arrears &; Pay the arrears.
Schematic diagram of the case: Party A borrows 6,543,800 yuan from Party B and issues an IOU. During this period, Party A returned 1 1,000 yuan and asked Party B to tear up the original loan slip and issue a new loan slip: "Party A borrowed 1 1,000 yuan from Party B in cash, and now it still owes 90,000 yuan."
The latter two went to court because of debt disputes, and the word "return" in the new IOU is a polyphonic word, which can be understood as "return" or "still owe". Party A claimed to have returned 90,000 yuan, but Party B could not provide other evidence to prove that it only received 6,543,800 yuan, so Party B lost the case.
Tip: In the process of writing IOUs, in order to avoid literal ambiguity, it is suggested that the polyphonic word "return" should not be used, but "90,000 is still owed today".
Borrow today & borrow today
The case shows that "A borrows 50,000 yuan from B * * * *" and "A borrows 50,000 yuan from B * * * *", which seem similar, but there are still differences. The former may have reached a loan agreement, but A has not received the payment; The latter is to fully indicate that B's payment has been received.
Tip: According to the law, the loan relationship between individuals takes effect when the borrower receives the money. In order to avoid confusion in the above cases, it is suggested that borrowers clearly indicate whether they are "interested in borrowing" or "borrowed".
The amount is written in Arabic numerals only.
Schematic diagram of the case: Party A borrows 50,000 yuan from Party B and issues an IOU. However, after the deadline, A never paid back to B, and then B sued the court, but the debit note in his hand said 6.5438+0.5 million yuan. After appraisal, it is confirmed that B has added the words "1" before "50,000 yuan" and changed it to "150,000 yuan". Accordingly, the court ruled that B lost the case.
Tip: It is easy to tamper with the Arabic numerals written on the IOUs, and all of them should be capitalized in Chinese characters. The standard writing is RMB 50,000 Yuan only (? 50000.00)
Wrote the wrong name on purpose
Case description: A borrowed some money from B, and when writing the loan note, A deliberately misspelled his name into other words with the same pronunciation. B After the recovery of the money is unsuccessful, sue to the court for repayment. Upon inquiry by the court, the name of the debtor's ID card does not match the loan information.
Tip: When making an IOU, the lender (creditor) may require the borrower to show his ID card and indicate the ID number on the IOU.
IOUs &; receipt
Schematic diagram of the case: A borrowed 30,000 yuan from B and wrote a certificate: "Receipt, I received 30,000 yuan from B today." After creditor B sued the court and demanded that A repay 30,000 yuan, A argued: "B owed me 30,000 yuan before, but I lost the debt, so I wrote a receipt when B repaid." In such a dispute case, B (substantial creditor) lost the case.
Tip: In order to protect the legitimate rights and interests of creditors, the issuer may be required to explain in detail the reasons, term and overdue interest of the loan. And "receiving" and "borrowing" should be clear and clear.
Write IOUs with faded pens.
Case description: Rumou of Shaoxing, Zhejiang wrote an IOU to a friend with a faded pen, and the handwriting disappeared after 1 hour. The appearance of this "automatic fading pen" is the same as that of an ordinary signature pen, but the handwriting disappears after 1 hour or 1 day.
Tip: Although this situation is rare, just in case, the lender can bring his own signature pen for the borrower to write, or sign the computer printout and press the fingerprint.