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Someone borrowed money from me. How can I write an IOU?
receipt for a loan

Borrower _ _ _ _ _ _ _ (ID number _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _)

Lender _ _ _ _ _ _ _ (ID number _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _)

On _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ The term is _ _ _ _ _ _, and the principal and interest will be repaid on _ _ _ _ _ _ _ _ _ _ _ _. If it cannot be returned on time, it is willing to pay a penalty of RMB 100 per day and bear all legal responsibilities arising therefrom.

Borrower:

Date:

Fill in the specification

When filling in the above loan model, you should pay attention to the following matters:

1. The legal full names of borrowers and lenders should be clearly written, and it is best to attach ID numbers;

2. The loan amount should be clearly written, including the amount expressed in words and figures;

3. The term of the loan should be clearly written, including the start and end dates of the loan and a clear loan term;

4. The loan interest should be clearly written, with a clear annual or monthly interest rate, the total amount of loan interest that should be paid in the end (including the amount expressed in words and figures) and the payment method;

5. The date, month, day, time and payment method of repayment of loan principal and interest shall be stated;

6. There should be the borrower's personal signature, handprint or handwritten signature.

7. If the amount is large, the loan purpose or payment record shall also be indicated.

Extended data

Matters needing attention in writing IOUs

1. Borrowers must write IOUs, not lenders. This can prevent the borrower from refusing to recognize the validity of the loan on the grounds that the borrower has written the contents without authorization.

2. The loan should be as concise as possible, and don't use ambiguous language. For example, A lends B 10,000 yuan. This kind of language is not clear about who borrows money from whom, and should use "borrow" instead of "borrow", and there is no clear direction.

3. Don't write the reasons for the IOUs. For example, why I borrowed money from you has nothing to do with the loan itself. If I join, it may lead to a civil act of conditional lending and cause the borrower to invoke a conditional defense.

4. Try to attach the ID numbers of the borrower and lender. Reflected in the IOUs, avoiding the unnecessary process of confirming the parties to the IOUs. Because sometimes some people's daily names are different from those on their ID cards. If the borrower associates with you and writes an IOU under a pseudonym or nickname, then the signature of the IOU is seriously flawed.

The most important thing is that the borrower's signature must be witnessed. If the borrower signs his name with someone else's hand, it will lead to the loss of the loan certificate. So don't accept written IOUs or written IOUs afterwards. Be sure to let the borrower write IOUs in person.

6. The loan itself must be a complete piece of paper, not a torn or scratched piece of paper. There was a real case: a borrower repaid several times, and each repayment was written in the second half of the loan. Finally, the lender tore off the second half, denied the fact that the borrower had repaid before, and took the borrower to court to demand full repayment. The borrower used the torn part of the loan as a defense, and finally the judge accepted the borrower's combination with other documents and ruled that the lender lost the case.

Therefore, the integrity of the IOU is also very important to prevent the borrower from arguing that the IOU is incomplete, because the court does not know whether the torn part has other meaning. In civil litigation, based on the principle that whoever advocates gives evidence, if you advocate tearing up blank and useless waste paper as a plaintiff, you need to give evidence yourself. If you can't give evidence, you will bear the result of losing the case.

7. On the issue of limitation of action, the three-year limitation of action starts from the date of repayment. If you fail to claim the creditor's rights from the borrower within three years from the date of repayment, you will lose the right to win the case. Although legally speaking, as long as you ask the borrower for repayment, the limitation of action will be interrupted, but it is difficult for you to prove that you did claim the creditor's right from the borrower on a certain day (in this case, it is proved by the lender), which is basically not feasible in practice.

In order to prevent the statute of limitations from exceeding, you can write IOUs in two ways.

1. Before the limitation of action expires, the borrower is required to re-type the IOU. If the borrower refuses, a civil lawsuit will be filed with the people's court where the borrower is located.

2. Don't write the repayment date at all, because the three-year statute of limitations is calculated from the repayment date. If the repayment date is not written, it is the first time for the creditor to claim the creditor's rights from the debtor. Because there is no repayment date, the creditor can demand repayment from the debtor at any time, so it is difficult for the debtor to prove the time when the creditor claims the creditor's right (here, it is proved by the borrower). The limitation of protection without a clear repayment date is 20 years. If the creditor's rights are not claimed within 20 years from the date of borrowing, the creditor's rights will be completely lost.