title
That is, write the word "IOU" in a larger font at the top and middle of the text.
main body
The subject of the IOU should write down what the person or unit owes, what it owes and how much it owes, and indicate the repayment date.
The names of the sender and the recipient written on the picture.
The signature should have the name of the owed unit and the personal signature of the manager. If the debt is issued by an individual, the personal signature of the owed party should be signed on the signature. If the IOU is issued by an individual, the debtor's name must be attached. Meanwhile, the date of signing the debt.
Specific instructions are as follows:
L, IOUs should be written by the borrower, but attention should be paid to writing norms. Printed IOUs have the same legal effect, but they are easy to forge. The borrower's signature should also be thumbprinted. The borrower's information must be clearly written with the ID number, and the borrower should be required to provide the original for verification when writing the loan.
2. The date of the loan-be sure to write it clearly, preferably accurate to the day. The repayment date can be agreed on the loan slip. If there is no agreed repayment date, the borrower can claim repayment at any time. If the repayment date is agreed, the request can only be made when the repayment date expires. If the repayment date is not returned, the lender shall file a lawsuit within two years, and may lose the right to win the case after the deadline.
3. The loan amount should be capitalized in Arabic numerals and Chinese at the same time, and the currency should be clearly written, such as "RMB 100000.00 Yuan only (RMB one hundred thousand Yuan only)" to prevent the loan holder from tampering.
4. Payment shall be made by bank transfer as far as possible, and the account number and transfer date of the other party may be indicated on the debit note. When handling the transfer, you can indicate the purpose of the loan. If the amount is small, it should be indicated on the IOU that both parties' loans are paid in cash. Either way, the borrower needs to write a receipt for the money received separately. The IOU can only prove that there is a loan contract relationship between the two parties, which is not enough to prove that the borrower has fulfilled the obligation to repay the money.
5. If the borrower is married, it is better to obtain the signature of the spouse, which is more secure for the creditors, and avoids that one party refuses to undertake the repayment obligation or execute it in court on the grounds of ignorance, and one party transfers the property to the spouse, resulting in the inability to repay.
6. After the IOU is issued, a copy of the borrower's autographed ID card and a copy of the marriage certificate shall be collected at the same time.
7. If the amount is large, you can ask a lawyer or a third party to witness and sign it.
1. What's the difference between IOUs and IOUs?
The nature of IOUs and IOUs is different, and the reasons for their formation are also different. Borrowing is mainly the reason for borrowing, and arrears may be caused by buying, selling, leasing, interest and other reasons.
If there is no agreed repayment date for the loan, the creditor may demand payment at any time, and the limitation shall be counted from the time when the debtor refuses to repay, and the longest period shall not exceed 20 years. If the repayment period is agreed, it shall be counted from the expiration of the repayment period. If the repayment period is not stipulated in the IOU, the limitation of action shall be calculated from the day when the IOU is formed; if the repayment period is stipulated, it shall be calculated from the time when the repayment period expires. In other words, the agreed repayment period is the same as that of IOUs and IOUs. There is a difference between IOUs and IOUs with no agreed repayment period.
For IOUs with no repayment period, the lender can ask the borrower to repay at any time, and the limitation of action starts from the time when the creditor claims the right, and the effectiveness of IOUs can be up to 20 years. However, overdue IOUs are a kind of settlement of past economic exchanges between the two parties, and the obligee shall claim rights to the people's court within two years from the date of issuance of IOUs. In other words, the limitation of action is calculated from the date when the overdue iou is issued. Before you sign, you must make clear the difference between IOUs and IOUs, and sign according to the actual situation and your own needs.
1. IOUs prove the loan relationship and IOUs prove the debt relationship. Borrowing is definitely arrears, but arrears are not necessarily loans.
2. The reasons for the formation of IOUs are specific borrowing facts, but there are many reasons for the formation of IOUs, which can be based on a variety of facts, such as the arrears caused by trading, the arrears caused by labor services, the arrears caused by enterprise contracting, and the arrears caused by damages.
3. People's courts apply different laws when examining legality. Because IOUs are formed on the basis of loan relationship, IOUs mainly occur in trading activities such as buying and selling, selling on credit and so on.
4. If the repayment date is not specified, the starting time of the limitation period is different. The term of the IOU is the same as that of the IOU with agreed repayment period; There is a difference between IOUs and IOUs with no agreed repayment period.
Second, matters needing attention in writing IOUs
1. The content should be relatively perfect.
An iou shall specify the amount and currency of the debt, or the quantity of the goods, the basic natural attributes such as name, quality, specification or model, the reason for breach of contract, the date of repayment, the legal consequences of overdue payment, and the exact names of the creditor and the debtor. Finally, the debtor should sign or seal, and write down the date of issuance.
2. Use accurate language.
Avoid using vague terms, such as "approximate", "estimate", "possible", "almost", "a little" and "possible", and have clear meanings.
It is better to have two receipts, one for each party.
As a quick and convenient confirmation method, generally speaking, the receipt is handwritten and the issuer is specific, that is, it is written and signed by the creditor, but in reality, it is written by the creditor and then signed by the debtor. In this case, if the borrower does not have the same receipt, and the writer tampers with the only remaining receipt, such as adding the amount of the loan, how can the signer defend? On the contrary, if there are two identical documents (in duplicate), it will not only be futile for both parties to cheat, but also hurt their feelings.
4. The identity of the subject should be confirmed.
If it is a company, check whether the company is cancelled, whether the company name is accurate (the company name is another company without a word), whether the person is an adult (to judge whether he has full capacity for civil conduct), and whether the person's name is consistent with the ID card (special attention: homonyms will also leave trouble). In addition, the basic identity information of the subject should also be left, such as age, address, work unit, etc.
Be careful not to leave a big blank on the IOU.
The blank between the written content and the signature and seal is too large, which makes it easy for the holder to fill in other content, or cut off the original content and add content in the blank, causing trouble.
6. Pay attention to the case of numbers.
If you write in lowercase letters, there is no capitalization, the decimal point is inaccurate, there is a space in front of the number, or the case does not match, it will be easy for the holder to add numbers or modify them, thus causing disputes.
7. Pay attention to the accurate date.
Once there is a dispute over the date of debt occurrence, it is often difficult to find out the truth and it is easy to cause difficulties in determining the limitation of action.
8. Be careful not to write with faded ink.
Don't write the loan with ballpoint pen or other ink that fades easily. If you write this way, it will become blurred if it is not properly preserved, damp or soaked, and it will also leave an opportunity for people with ulterior motives to alter it with chemicals, causing trouble.
9. Pay attention to careful inspection
After the iou is written, it should be checked repeatedly. After someone else writes or is written by the other party, the written evidence should be considered word by word, and it should not be signed and sealed in a muddle, so as not to regret it.
10. Pay attention to the standardization of seals.
The IOU was written or signed by someone else, and only a handprint was pressed on the IOU. Once a dispute occurs, it is difficult to identify the responsibility.
1 1. Pay attention to getting the debt back when you repay.
When repaying the loan, if the other party can't find the IOU for a while, you should write a receipt and keep it, and then change it to IOU to avoid leaving hidden dangers.
Legal basis:
Contract law of the people's Republic of China
Article 196 A loan contract is a contract in which the borrower borrows money from the lender, repays the loan at maturity and pays interest.
Article 197 A loan contract shall be in written form, unless otherwise agreed between natural persons.
The contents of the loan contract include the loan type, currency, purpose, amount, interest rate, term and repayment method.
Article 199 When concluding a loan contract, the borrower shall truthfully provide the business activities and financial status related to the loan according to the requirements of the lender.