First, you can cross-examine each other's evidence. Deny the legitimacy of the formation and acquisition of the evidence of the other party, so as to deny the authenticity of the evidence content. Deny the relevance between evidence and facts to be proved by denying the purpose of proof of opposing evidence. Deny the legitimacy of evidence by questioning that the evidence of the other party does not meet the statutory formal requirements.
Is there an agreed repayment date on the IOU? Those who are protected by law within the agreed repayment date shall claim their rights in time. If the agreement is not clear, the debtor may be required to perform the repayment obligation at any time, and the protection limitation of up to 20 years shall apply. Those who have passed the limitation of action are not protected by law.
In civil loan disputes, the unclear loan term agreement includes: the loan date cannot be determined or the repayment period is unclear. When determining the limitation period of such cases, the legitimate rights and interests of the obligee shall be protected, and the principle of consistency of rights and obligations shall be adhered to, and the cases shall be handled separately according to different situations:
1. The loan date cannot be determined, and if the lender claims interest during the loan period, the lender shall bear the burden of proof for the loan date; If it cannot be determined, interest shall be calculated from the date of claim; If the borrower claims that the loan has exceeded the limitation of action, it shall bear the burden of proof on the date of lending and the fact that the limitation of action has exceeded. In case of uncertainty, the limitation of action shall be recalculated from the date of request.
2. The loan repayment period is not clear, that is, there is only the loan date and amount, and there is no repayment date.
According to the regulations, the lender, as a creditor, has the right to urge the borrower to repay the loan within a reasonable period at any time. Lenders do not know and should not know that their rights may be infringed before exercising the right of demand, so as to have the prerequisite for applying the limitation period. The parties have the responsibility to provide evidence to prove the facts on which their claims are based or to refute the facts advocated by the other party. If there is no evidence or the evidence is not enough to prove the claims of the parties, the parties with the burden of proof shall bear the adverse consequences.
Therefore, if the other party presents an IOU as evidence, but the IOU of the other party is obviously untrue, then the defendant can cross-examine the evidence of the other party's IOU, that is, deny the formation of the other party's IOU and the legitimacy and authenticity of the specific acquisition process of the other party's IOU, thus questioning the other party's evidence.