Does the copy of handwritten IOUs take effect? 1. If the other party denies it, the copy will not be accepted as evidence by the court; 2, the people's court in the trial of loan disputes, generally require the plaintiff to provide written documents, in the absence of written documents, the plaintiff can be in the absence of a third person to prove the facts of the case as evidence; 3 outsiders can prove the facts of the case, you can apply for witnesses to testify in court; 4. Some Opinions on the People's Court's Trial of Loan Cases Article 4 When examining the prosecution of loan cases, the people's court shall require the plaintiff to provide a written iou according to the provisions of Article 108 of the Civil Procedure Law; If there is no written receipt, the necessary factual basis shall be provided. A lawsuit that does not meet the above conditions shall be ruled inadmissible. What kind of IOUs are valid? 1. The borrower writes the full text of the IOU and signs it without printing; 2. The loan content is accurate and unambiguous; 3. It is required to write down the borrowing time, borrowing purpose (the purpose should be legal and cannot be used for illegal purposes such as gambling), interest agreement and repayment period; 4. Lenders should try not to pay in cash, especially for large loans, and should use bank remittance, and the other party's account name is the same as that of the borrower; 5. If the other party's credit or repayment ability is poor, you can ask for a guarantee or guarantor. What should I pay attention to when writing IOUs? (1) When typing IOUs, it is necessary to standardize the use of indelible ink such as carbon paper, indicate the currency before the loan amount, use uppercase Chinese characters, and fill in lowercase Arabic numerals in brackets. The standard format is usually "why, how much money was borrowed from whom, what is the loan interest rate, when to pay it back, debtor's signature, witness's signature, year and date." (2) Pay special attention not to use polysyllabic and polysemous words. Many Chinese characters in China have polysyllabic words. Once these Chinese characters are used on IOUs, they may cause disputes. For example, "paying back 10,000 yuan" can be understood as "paying back 10,000 yuan" or "owing 10,000 yuan". (3) The IOU must be filled out by the debtor himself. Some debtors used to find someone to write the IOUs for them in order to avoid their debts. When creditors demanded money back, they refused to pay back on the grounds that it was not their own handwriting. Therefore, the debt must be filled in by the debtor himself. If the IOU is printed, it is best to ask the borrower to sign, seal and print the debtor's signature column. (four) properly keep the white bars, and pay attention to prevent the white bars from being stolen, lost or polluted. The storage place should be safe, not easy to be affected with damp and not in contact with chemicals. At the same time, several copies should be made. In the future, you can send copies to the borrower to ensure the safety of the original. (v) Timely dunning. After the loan expires, the creditor shall require the debtor to repay the loan in time. If the debtor can't return it for a while, the debtor is required to sign a repayment agreement. If the debtor still fails to perform or escapes on schedule, the creditor shall bring a lawsuit to the court within two years after the loan expires and collect it according to law. If readers need help on legal issues, please come to the website for consultation. We have a professional team of lawyers to help you.
Legal objectivity:
Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases Article 2 When a lender brings a private lending lawsuit to a people's court, it shall provide creditor's rights certificates such as IOUs, receipts, IOUs and other evidence that can prove the existence of the legal relationship between lending and borrowing. The evidence in Article 63 of the Civil Procedure Law of People's Republic of China (PRC) includes: (1) the statement of the parties; (2) Documentary evidence; (3) Physical evidence; (4) Audio-visual materials; (5) Electronic data; (6) Testimony of witnesses; (7) Appraisal opinions; (8) Records of the inquest. Evidence must be verified before it can be used as a basis for ascertaining facts. According to Article 64 of the Civil Procedure Law of People's Republic of China (PRC), the parties have the responsibility to provide evidence for their claims. Article 70 of the Civil Procedure Law of People's Republic of China (PRC) shall submit the original documentary evidence. Physical evidence shall be submitted in its original form. If it is really difficult to submit the original or the original, copies, photos, duplicates and excerpts may be submitted. Foreign documentary evidence must be accompanied by a Chinese translation.