Direct prosecution avoids the limitation of action.
In the settlement law, as long as it is the true intention of both parties and it is not illegal, it has legal effect.
First, the basic elements of IOUs
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.
Two, the legal risks should be paid attention to when issuing loans and receiving IOUs.
1. If the borrower is married, it is best to ask his spouse to sign as the borrower. At present, there are more and more lawsuits in which one party signs a loan and the other spouse does not recognize it. Due to various circumstances, there may be legal risks, that is, without the signature of the other spouse, the debtor and wife cannot be required to repay the loan.
2. Creditors demand a repayment guarantee of 100%, and neither the reputation nor the repayment ability in the world is 100%, unless creditors take this 100% thing into their own hands in advance, that is, borrowers are required to provide effective property guarantee while borrowing money, and make necessary mortgage registration according to the law.
3. If the collateral can't be mortgaged, it's best to ask someone with other property status and good reputation to sign as a guarantor, and the guarantor will sign to show that he is jointly and severally liable for repaying the principal and interest, and note the identity information of the guarantor.
4. Proof of loan capital flow: In the litigation stage, creditors are generally required to prove when and how much money you really lent to the debtor. In order to avoid bringing obstacles to the proof, the creditor had better pay the debtor in the form of bank transfer and keep the bank transfer voucher. If it must be in the form of cash, it is best to ask more than two people present to sign the receipt as witnesses to witness the delivery process of cash.
5. Keep copies of the following relevant documents: borrower's ID card, borrower's marriage certificate, guarantor's ID card, collateral property certificate, and non-collateral property registration certificate belonging to the borrower as clues for future litigation disputes.
How to write the IOUs of two debtors to make the loan agreement legally effective?
Lender (Party A):
Borrower (Party B):
On the basis of equality, voluntariness and friendly negotiation, Party A and Party B have reached the following agreement:
1. Party B only borrows RMB from Party A..
2. The loan term is years, from year to year.
Three. Upon the expiration of the loan term, Party B promises to repay the loan, otherwise it is willing to bear all legal responsibilities.
Four. Party A shall deliver the loan to Party B within two days after the signing of this agreement.
5. If Party A fails to pay the money to Party B on time or Party B fails to repay the money on time, the breaching party shall pay the observant party RMB as penalty.
6. This agreement is made in duplicate, and shall come into effect as of the date when Party A and Party B sign and affix their official seals (official seals of the company), with each party holding one copy.
Party A: Party B:
Signature: Year Month Day
The debtor mortgaged the model essay with the real estate license. This mortgage needs to be registered with the housing management department to be effective. Your personal writing template has no effect.
How to write the arrears of the project to take legal effect. Write down what money you owe and how much you owe. You must sign your hand, print your hand, and finally write down the date.
How to write the goods' IOUs can legally take effect, and standardize the IOUs;
1. The legal full names of the borrower and the lender shall be clearly written;
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 specific repayment date should be clearly written;
5. The loan interest should be clearly written, with a clear annual interest rate or monthly interest rate, and the final total loan interest (including the amount expressed in words and figures) should be agreed;
6. The date, month, day, time and payment method of repayment of loan principal and interest shall be stated;
7. There should be the borrower's personal signature, handprint or handwritten signature.
References: Sheila. Fan Wen/Tian Jie /4392.
How to write an IOU to have legal effect? An iou has legal effect only after the parties sign or seal it.
IOU is a kind of documentary application written to the relevant unit or individual when an individual or unit owes money or things. White stripes are also called "IOUs" today. IOU is also a common written document in daily life to prove that one party owes money to the other, and it is an application style of credentials.
Article 55 A civil juristic act shall meet the following conditions:
(1) The actor has corresponding capacity for civil conduct;
(2) the meaning is true;
(3) It does not violate laws or public interests.
IOU format:
IOU (I owe you)
_ _ purchased _ _ goods from _ _ on February 26th, 2065438+2004, and the amount in arrears is RMB _ _ (in words), and the repayment is planned to be made on _ _ _ _ _ _ _. In case of overdue repayment, the daily penalty is RMB _ _.
Accordingly, according to
Debtor:
Address:
Telephone:
2065438+February 26, 2004
I. Format of IOUs and Precautions:
According to the three elements of civil legal relationship (subject, object and content), the following matters should be paid attention to when issuing IOUs:
1, subject
It is necessary to clearly express the subject of the creditor-debtor relationship, that is, who is the creditor and who is the debtor (pay attention to the ambiguity of the word "borrow"); If a natural person is the main body, the name on the ID card should be checked, and the number of the resident ID card should be copied on the receipt when conditions permit; If the legal entity is the main body, it shall be stamped with the official seal of the entity.
2. Objectives
The unit of the amount should be clear, the amount should be written in traditional Chinese characters, and the proportion should be clear, such as percentage, thousandth ratio and ten thousand ratio.
3. Content
Express clearly and pay attention to avoid ambiguity. The date of return should be clear, if there is an interest agreement, it should be stated, otherwise it will be regarded as no interest according to law, and if there is an agreement on liquidated damages, it should be stated. If there is a guarantor, the method of guarantee shall be indicated, and the guarantor shall be indicated.
4. In duplicate
It is better to have two receipts, one for each party. As a quick and convenient confirmation method, the receipt is usually written by hand, and the issuer is specific, that is, it is written and sealed by the debtor, the borrower and the donee, but in reality it is often written by the creditor, the lender and the donor, and then signed by the debtor, the borrower and the donee. In this case, if the borrower, the borrower and the payee don't have the same receipt, and the writer tampered with the only remaining receipt, such as adding the amount of the loan, how can the signatory defend? On the contrary, if there are two identical documents (in duplicate), cheating by both parties will not only be futile, but also hurt feelings.
The following is the official model of the loan:
IOU (I owe you)
I borrowed * * * RMB today and paid it off before * * *.
Pay liquidated damages at *% of the total amount every year.
Borrower: XXX
* Year * Month * Day
IOU (I owe you)
It is hereby confirmed that RMB (amount) is owed to (creditor) for (reason).
Evidence: XXX
Year? Month? sun
1. The IOU can be printed or handwritten, but it must be signed by the debtor for confirmation. Real loan relationship is protected by law, and IOUs with real loan relationship have legal effect as long as they exist.
Second, even if the IOU is defective, the court will combine other evidence to determine whether there is a loan relationship for the "IOU" or "receipt" with defects in form. At the same time, the loan for cash delivery can be comprehensively judged according to the delivery voucher, payment ability, trading habits, the size of the loan amount, the relationship between the parties, and the transaction details stated by the parties.
Three. Legal basis: Article 9 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases can be regarded as having the effective elements of a loan contract between natural persons as stipulated in Article 210 of the Contract Law if it is under any of the following circumstances:
(1) Pay in cash from the date when the borrower receives the loan;
(2) If the payment is made by bank transfer, online electronic remittance or online loan platform, it shall start from the date when the funds reach the borrower's account;
(3) If the bill is delivered, it shall be from the date when the borrower obtains the bill right according to law;
(4) When the lender authorizes the borrower to control a specific fund account, the borrower obtains actual control over the account;
(5) The lender provides the loan in other ways agreed with the borrower and actually performs it.
1. The IOU is a voucher to pay or demand the arrears, so don't scribble when writing the IOU. At the same time, IOUs should be properly kept to prevent loss.
2. IOU is a kind of loan certificate in people's daily communication, which is generally not legally binding. Therefore, when necessary, you can go through certain legal procedures to prevent future troubles.
3. The IOUs must be legible and cannot be altered. In case of change, the changing party shall affix the official seal (private seal) or personal signature at the change place.
4. Currency figures should be capitalized.
5. It should be noted that IOUs are different from IOUs, and the scope of application of IOUs is wider than IOUs, and the creditor-debtor relationship indicated in IOUs is more clear than IOUs.