An IOU may not prove that he borrowed money from you, but it may also be interpreted as a business relationship between the two of you.
The purpose of his borrowing must be made clear. In the case of litigation, he argued that the money was gambling debts and breakup fees.
Don't write "How much money did you borrow today", write "How much money did you collect today". The borrower may argue that "the other party didn't give me money and I didn't receive it".
Don't forget to write down the way to give money. Bank transfer is preferred. Write "cash" in cash and "bank transfer" in bank transfer.
When using online banking to transfer money, remember to write down in the remarks: "For what, to whom."
5. Write down the currency, and write Arabic numerals and Chinese capital numerals at the same time to prevent the other party from tampering with the amount.
As long as you want interest, you must write it down in black and white. Don't be shy.
If there is no interest on the IOU, the law says you don't want interest. Interest shall be clearly marked with "annual interest" or "monthly interest" and marked with Chinese characters.
7. If the time limit is agreed, it must be collected from the other party in writing and other forms within 3 years after the expiration, and the evidence shall be kept.
According to the law, the limitation of action for IOUs with repayment period is within 3 years from the date of repayment period.
But if there is no repayment period, the longest applicable statute of limitations can reach 20 years. If the repayment period is written on the debit note, it should be capitalized in Chinese characters, not Arabic numerals, so as to avoid tampering and causing disputes.
8. Make it clear that if he fails to repay the overdue payment, he will bear the relevant expenses arising from your dunning.
Legally speaking, if there is no clear agreement in the loan, it may be borne by you. It's a lot of money, but the point is that it's really annoying to pay for it yourself.
9. There is another particularly important sentence, I suggest you write it down:
"The mailing address of both parties (parties) indicated on the ID card can be used as the address for serving dunning letters, statements of accounts and court litigation documents. If the relevant documents and litigation documents are not actually received and delivered by mail because the address is wrong or the changed address is not informed in time, the date of return of the relevant documents and litigation documents shall be regarded as the date of delivery. "
Because in private lending litigation, the defendant often runs away. When the court mails legal documents, there will be cases where there is no such person at the original address, the new address is unknown and the original address is unknown, and they will be returned. If it cannot be served, the court can only announce the service, resulting in a long litigation period, during which the defendant transfers the property.
If the service address is agreed in the loan, the court will not have to worry about the difficulty of service and the litigation period will not be delayed.
10. It is best to indicate "Borrower's WeChat account number" at the end of the loan.
Because many people now rely on WeChat, the biggest difficulty of WeChat evidence is to prove that "this micro-signal is the debtor himself", and it is difficult for the court to obtain evidence for you.
1 1. The borrower and guarantor must write their full names by hand, press their handprints and attach their ID numbers. If they get married, they must ask their spouses to sign and print their fingerprints.
Otherwise, it is impossible to confirm that the husband and wife are in the same debt, and there is no need to worry about having a house and a car at home.
12. Copies of the ID cards of the borrower and guarantor must be left. In the future, the other party will not cooperate with you. If you want to get the identity information of the other party through the public security department, the police uncle is very busy.
13. The signing date should be the actual payment date of the loan, in Chinese characters, not just Arabic numerals.
14. If the IOU is altered, the other party shall print or rewrite it at the altered place. After writing, in order to prevent tampering, the other party can take photos and keep them, or copy them, indicating that "the copy of the loan is consistent with the original".
15. Write "This is the basis" at the end of the article to avoid the other party adding content at the end of the article. Under the signature date, it is best to cut off the blank part of the paper.