1. When borrowing money, can I write you an iou?
You can entrust others to write the contents of the loan, but the signature must be the borrower's own signature.
As long as there is my personal signature, the IOU has legal effect. If you don't have your own signature, it is legally binding if someone else signs it, is recognized by the borrower, and puts a thumb print on it.
Second, what is the prosecution process of debt disputes?
1, the plaintiff sued
2. The court will serve a copy of the indictment on the defendant after accepting it.
3. The defendant submits the defense within fifteen days, and the court will serve a copy of the defense to the plaintiff within five days. If the defendant fails to submit the defense, it will not affect the trial.
4. The court shall notify the parties and announce the cases decided to be heard in court three days ago.
5. The court investigation stage includes: statements by the parties; Inform witnesses of their rights and obligations, witness to testify in court, and read out the testimony of witnesses who did not appear in court; Produce documentary evidence, physical evidence and audio-visual materials; Read the appraisal conclusion; Read the interrogation record.
6. The court debate includes: the plaintiff and his agent ad litem speak; Defendant and his agent ad litem reply; The third person and his agent ad litem speak or reply; Debate with each other. At the end of the court debate, the presiding judge shall consult the final opinions of all parties in the order of plaintiff, defendant and third party.
7. At the end of the court debate, a judgment shall be made according to law. Mediation can be conducted before the judgment, and mediation can also be conducted. If mediation fails, a judgment shall be made in time.
8. Announcement of judgment.
The law does not stipulate that IOUs cannot be written by others, and IOUs will not lose their legal effect because they are written by others. However, if the borrower can write it himself, it is suggested that when borrowing money, it is best not to let others write IOUs for him, but to let whoever borrows money write IOUs.
legal ground
People's Republic of China (PRC) Civil Code
Article 143 A civil juristic act that meets the following conditions is valid:
(1) The actor has corresponding capacity for civil conduct;
(2) the meaning is true;
(three) does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.
Article 153 A civil juristic act that violates the mandatory provisions of laws and administrative regulations is invalid. However, unless mandatory provisions do not invalidate civil legal acts.
A civil legal act that violates public order and good customs is invalid.
Article 154 A civil legal act in which the actor colludes with the counterpart in bad faith and damages the legitimate rights and interests of others is invalid.