How to write an IOU so that it has legal effect? ??Will it still be valid if it is changed?

1. As long as it is an expression of the true intention of the party and the content is legal and confirmed by the signature of the party , it is legally valid and does not require a special format;

2. Even if the IOU or IOU signed by the parties is flawed in form, it will not affect the court's hearing of the case

3. The court will determine whether there is a loan relationship with a defective "IOU" or "receipt" based on other evidence. At the same time, for loans delivered in cash, the court can determine whether there is a loan relationship based on the delivery voucher, payment ability, transaction habits, and the size of the loan amount. , the relationship between the parties and the transaction details stated by the parties and other factors to comprehensively determine whether there is a legal and true creditor's rights and debts relationship between the two parties

4. Legal basis: "General Principles of the Civil Law", "About Implementation of the People's Republic of China" *** and General Principles of Civil Law > Opinions on Several Issues (Trial)", "Several Opinions on the Trial of Lending Cases by People's Courts" and "Notice of the Supreme People's Court on Properly Trialing Private Lending Dispute Cases in accordance with the Law to Promote Economic Development and Maintain Social Stability" There are detailed regulations. It is recommended to check how to write an IOU to be effective and how to write an IOU to be legally effective

1. The basic contents of the IOU include: creditor’s name, loan amount, interest calculation, repayment time, Penalties for default (delayed repayment), dispute resolution methods, as well as the name of the debtor, date of loan and other requirements. As long as it has the name of the creditor, the amount of the loan, the name of the debtor and the date of the loan, and meets the main requirements of the IOU, it is legally valid.

2. IOU (format)

Party A xxx (ID number: *****) has received Party B xxx (ID number: ******) * )RMB***** Yuan. (Capital letters)

The loan period is: **** year, from **month** of **** year to **month** of **** year.

The loan interest is:

Borrower’s signature:

Date: How to write a couple’s IOU to make it legally binding?

It is recommended to hire a lawyer Drafting of Letters of Authorization

Whether the IOU between husband and wife is legally valid should be analyzed from the following aspects:

First, one spouse uses his own property to purchase the couple’s property* **The same property, and the other issued an IOU for this purpose. Is the IOU a personal debt or a joint debt for the couple? When the property purchased with the money determined in the IOU as consideration is operated or used by the husband and wife together and the income is shared by the husband and wife, the purchased property should be deemed to be the joint property of the husband and wife, because at this time, if the recognition continues The effect of the IOU is that the party issuing the IOU is solely responsible for the loan, which obviously violates the provisions of Article 13 of the Marriage Law that "husband and wife have equal status in the family" and is also unfair.

Secondly, whether the debt between husband and wife can be extinguished due to confusion without explicit agreement. With the revision of the Marriage Law, the Marriage Law has actually refuted the idea that debts can be mixed and thus extinguished due to marriage, because the revised Marriage Law has clearly stipulated that one party’s pre-marital property belongs to that party, which means that one party’s pre-marital debts should also be shall be borne by that party. Since the Marriage Law has clearly denied the view that such debts can be mixed and extinguished due to marriage, it cannot be denied that debts can arise between husband and wife, and the theory of confusion or inability to occur cannot be established.

To sum up, the validity of the marital IOU between husband and wife should be determined to be valid in a general or formal sense, but there are many factors that affect its determination. For example, whether the issuance of the IOU is based on the true intention of the parties concerned, and if the property purchased with the amount specified in the IOU is completely used for the husband and wife's living together or for their use, and the operating income is fully enjoyed by the husband and wife, etc. .

There are many economic and personal interests involved in the life of a husband and wife. IOUs are a form of property agreement. Although the rights and obligations are agreed upon, there will still be situations where one party refuses to perform when they get divorced. . At this time, contract issues and property division issues are intertwined with each other. Only lawyers can sort out the issues and protect the rights and interests of the parties reasonably and effectively.

Hello! During the existence of the relationship between husband and wife, the legal property of both spouses is the exclusive property of the husband and wife. IOUs written between husband and wife during the existence of the relationship are invalid and have no legal effect. Thanks for reading! How to write an IOU so that it is legally valid

1. The basic elements that an IOU needs to have

1. The borrower’s name, ID number, and address. The borrower is an individual and must sign in person. The legal validity of an IOU signed by someone else will cause disputes. For example, if Zhang San signs a loan in Li Si’s name, it will bring legal trouble to the lender.

2. The name of the lender: It is required to write the full name, it is best not to write it, and borrow code names such as Sister Zhang and Brother Li to avoid obstacles when claiming creditor's rights.

3. Write the loan amount clearly: It is best to write the currency of the amount, such as RMB, in uppercase and lowercase, to avoid disputes over unclear handwriting and unclear amount. However, Be sure to check for consistency between uppercase and lowercase letters.

4. Repayment period: There are advantages and disadvantages to the agreement on the repayment period.

Write down the repayment period clearly: Advantages: The creditor can naturally ask the debtor for repayment after the due date, especially a reason for collecting payment when borrowing between friends. Disadvantages: Creditors must pay attention to the statute of limitations. It is calculated from the expiration date of the repayment period noted on the IOU. The creditor must claim the creditor's rights (sign a collection letter or file a lawsuit with the People's Court) within 2 years. Otherwise, 2 years after the creditor's rights expire, If the creditor has exceeded the statute of limitations, it will be difficult to win even if he sues.

Not writing the repayment period: Advantages: You can demand repayment at any time and are not subject to the 2-year statute of limitations. Disadvantages: It is difficult for friends to press for repayment.

5. Interest: For private loans, if there is an agreed interest rate, it will be performed in accordance with the agreement between the two parties. If there is no agreed interest rate, it will be regarded as an interest-free loan. Before the date when the creditor separately claims repayment and pays interest, the people's court generally does not support interest during this period of normal loan period.

6. Repayment method: Whether to repay the principal and interest in one lump sum or in installments, and how much should be repaid over what period, needs to be clarified.

7. Payment: Borrower’s signature, complete date (year, month, day), preferably printed by hand.

2. Legal risks that need to be paid attention to when issuing loans and receiving IOUs

1. If the borrower is married, it is best to require his or her spouse to sign as the contractual borrower. Currently, There are more and more lawsuits in which one party signs a loan but the other spouse does not approve it. Various legal cases result in IOUs without the signature of the other spouse, which may lead to legal risks that the spouses cannot be required to repay jointly.

2. Creditors require 100% certainty of repayment. There is no 100% creditworthiness or repayment ability in the world, unless the creditor takes this 100% thing into its own hands in advance, that is, the borrower is required to At the same time, an effective property guarantee is provided and the necessary collateral mortgage registration is carried out in accordance with legal provisions.

3. If the collateral cannot be mortgaged, it is best to ask other people with good property status and good reputation to sign as guarantors. The guarantor's signature indicates that he is jointly and severally responsible for the repayment of principal and interest, and notes the identity of the guarantor. Information.

4. Proof of the flow of borrowed funds: For large private loans, the creditor generally needs to prove during the litigation stage how much money you lent to the debtor during what time period. In order to avoid obstacles to proof, It is best for the creditor to pay the debtor by bank transfer and keep the bank transfer certificate. If it must be in cash, it is best to require the IOU to have at least 2 people present as witnesses to sign the cash delivery process to witness the cash delivery process.

5. Keep photocopies of the following relevant documents: the borrower’s ID card, the borrower’s marriage certificate, the guarantor’s ID card, the property rights certificate of the collateral, and the non-collateral property belonging to the borrower. Register the warrant as a backup clue for future litigation disputes.