1. There is a handprint, but I didn't write the loan note. Is it valid?
As long as there are fingerprints, it is effective. IOUs are only useful by fingerprints. If the parties conclude a loan contract in the form of a contract, the contract will be established when both parties sign or seal it. Therefore, although there is no handprint on the IOUs or other contracts, they are all signed by the parties themselves. As long as it does not violate the provisions of national laws and regulations, the signed loan or contract is the true intention of the signatory.
If the parties conclude a book contract by contract, they shall sign or seal it. If the parties press their fingerprints on the contract, the people's court shall determine that it has the same legal effect as the signature or seal.
2. What are the identities of both borrowers?
First of all, the creditor should check the debtor's identity document and let the debtor write the loan in person. If the debtor gives the creditor a pre-written IOU, it does not rule out the possibility that the debtor's signature in the IOU is signed by someone else. When creditors demanded money back, they refused to pay back on the grounds that it was not their own handwriting. If the IOU is printed, it is best to ask the borrower to sign, stamp and fingerprint the borrower's signature column.
Secondly, if the borrower is also the legal representative or person in charge of a company, the creditor must find out whether the debtor is the borrower himself or the company or enterprise he represents. Legally speaking, the legal representative or person in charge can engage in civil acts including payment on behalf of the company or enterprise. If the creditor is not clear about the identity of the debtor, there may be confusion about the identity of the borrower. The direct consequence is that creditors will face mutual prevarication between companies or enterprises and borrowers in future lawsuits, which will bring trouble to the realization of creditor's rights.
Finally, it is worth mentioning that when lending money to friends, it is best to leave a copy of your ID card to prepare for possible lawsuits in the future. Therefore, the IOU must be filled out by the debtor himself.
Keep the IOUs properly. Special attention should be paid to prevent the white bars from being stolen, lost and polluted, and the storage place should be safe and reliable, not easy to get wet and not in contact with chemicals. At the same time, it is best to make several copies, and then you can issue copies to the borrowers first to ensure the safety of the original.
Therefore, if there is a factual loan relationship, it is usually necessary for both parties to keep an iou. Although the IOU may not have been written by the party concerned, the party concerned pressed the handprint and expressed his true intention, and there was no fraud. Then this iou is valid, and this one can be used as proof of the loan relationship.