But if it is a loan between relatives, everyone may feel embarrassed. Therefore, you can also list the borrower's identity information, name, gender, date of birth, ID number and home address on the IOU, so that the other party can supplement this information in detail.
1. Name, ID number and address of the borrower. The borrower is an individual and must sign it himself. The legal effect of the iou signed by others will be controversial. For example, a loan signed by Zhang San and Li Si will bring legal trouble to the borrower.
2. Lender's name: it is required to write the full name, and it is best not to write it, so as to avoid obstacles when claiming creditor's rights.
3. Write down the loan amount clearly: it is best to write down the currency of the amount clearly, such as how much RMB is, and write it separately in uppercase and lowercase to avoid unclear disputes, but be sure to check the consistency of uppercase and lowercase.
4. Repayment period: The agreement on repayment period has advantages and disadvantages. Write down the repayment period clearly: advantages: after the creditor expires, it is natural to ask the debtor for repayment, especially a reason for friends to borrow money and collect money. Disadvantages: creditors must pay attention to the limitation of action, starting from the date when the repayment period indicated in the IOU expires. Within 2 years, the creditor must claim his creditor's rights (receive them by collection letter or bring a lawsuit to the people's court), otherwise, after the creditor's rights expire for 2 years, it will be beyond the limitation of action, and even if a lawsuit is filed, it will be difficult to win. Don't write the repayment period: Advantages: You can ask for repayment at any time, and you are not limited by the two-year statute of limitations. Disadvantages: friends are not good at urging repayment.
5. Interest: for private loans, if there is an agreed interest rate, it shall be implemented as agreed by both parties; If there is no agreed interest rate, it is regarded as an interest-free loan. Before the creditor claims to repay the loan and pay interest, the people's court generally does not support the interest during the normal loan period.
6. Repayment method: whether to repay the principal and interest in one lump sum or in installments, and what period and how much, need to be clear.
7. Signature: the borrower's signature, complete date (year, month and day), preferably stamped and touched.
What are the advantages of writing an iou to find a lawyer?
First, lawyers can write more standardized;
Second, lawyers can avoid falling into the pit;
Third, 100% written by lawyers has legal effect;
Fourth, the psychological security is more sufficient.
(1) It is better for borrowers to write IOUs by hand, but pay attention to the writing standards. 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 borrowing-be sure to write clearly, and it is best to be 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 three 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 holder of the IOU 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 in 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 prevents one party from refusing to undertake the repayment obligation on the grounds of ignorance or court enforcement, and one party transfers the property to the spouse, resulting in 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 received at the same time.
(7) If the amount is large, you can ask a lawyer or a third party to witness the signature.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 667 A loan contract is a contract in which the borrower borrows money from the lender, repays the loan at maturity and pays interest.
Article 668 A loan contract shall be in written form, unless otherwise agreed between natural persons.
The contents of a loan contract generally include terms such as loan type, currency, purpose, amount, interest rate, term and repayment method.