If two people signed an IOU but did not receive the money, the court will need to review whether there is a real loan relationship. If it is true that they signed an IOU but did not receive the money, that is, there is no relevant transfer voucher. , it cannot be determined that a real lending relationship exists, that is, it cannot be considered that there is a private lending relationship between the two parties.

1. How to deal with a case where two people signed an IOU but did not receive the money? A case where two people signed an IOU but did not receive the money requires a court to review whether there is a real lending relationship. When you get the money, you need to get the money or the IOU back. The IOU requires "three properties" of evidence before it can take effect. The so-called "three properties" of evidence, namely (1) the objectivity of evidence, refer to the fact that evidence is an objective legacy of the facts of the case that has occurred, and is an objective existence that is not affected by people's subjective will. (2) The relevance of evidence means that the evidence must have a certain connection with the facts of the case or other disputed facts that need to be proved. In other words, an evidence must help prove the facts of the case or other disputed facts, so the relevance can also be called the "proof" of Liao Zhi. (3) Legality of evidence. It refers to the fact that the subject providing evidence (mainly for witness), the form of evidence (mainly for identification and on-site inspection records) and the collection procedure or extraction method of evidence must comply with the law. relevant regulations. Article 50 of the "Several Provisions of the Supreme People's Court on Evidence in Civil Litigation" stipulates: "During cross-examination, the parties shall focus on the authenticity, relevance and legality of the evidence, and question, explain and explain whether the evidence is probative and whether it is probative. Argument. "

2. What should I do if I lose my IOU? As a creditor, once I lose my IOU, I should not rush to the court to sue. Because once the other party discovers that the IOU is lost and defaults on the debt, the creditor will have to admit that it is unlucky and will lose its right to litigate. So if the IOU is lost, are there any remedial measures? The following measures can be taken appropriately according to the situation: First of all, be sure to keep it "confidential," because if the debtor notices that the IOU he issued is lost, the measures listed below will be difficult to carry out. 1. You can ask the debtor to make a repayment plan or sign a repayment agreement with a calm attitude. As long as the other party is willing to make a plan and sign an agreement, the conditions can be relaxed. Debtors are usually more receptive to this request. 2. Ask units and individuals who are aware of the situation to provide written confirmation materials or appear in court as witnesses to testify. Witnesses must have no interest in both parties. 3. Entrust an agent to contact the other party and take notes of the conversation. When the other party does not realize that the IOU is lost, they often admit the debt and focus on the reasons for whether they can repay the debt. Although it is indirect evidence, the attached written materials such as the indictment provided to the court can form an "evidence chain".

3. What are the precautions for IOUs? You need to pay attention to the following five points: 1. It is best to include the ID numbers of the lender and the borrower in the IOU, so as to avoid unnecessary disputes. 2. When the borrower signs, the lender must see his signature with his own eyes to prevent the borrower from using someone else to sign and ultimately refusing to acknowledge the IOU. 3. The writer of the IOU must be the borrower, not the lender, otherwise the borrower will argue that the content is not its original text. 4. Try to avoid using language that is prone to disagreements. The most standard IOU is a concise and semantically simple IOU. Avoid vague language such as "A borrows money from B" because it is easy to distinguish who is the lender and who is the borrower. 5. The name should be written as IOU, not IOU. The difference of one word means their legal meanings are quite different. The validity period of IOU is 20 years and that of IOU is 2 years. In contemporary society, the existence of a real private lending relationship requires that the money be handed over to the other party after writing an IOU. If the money is not handed over to the other party, it cannot be determined that the two parties have a real private lending relationship, so the court will not Can support claims for repayment of money.