1. Is the borrower's unsigned IOU valid?
Of course, it doesn't matter if the borrower doesn't sign. Unsigned IOUs cannot prove the existence of debt relationship between the two parties. When writing an IOU, you need to write down the identity information of both parties, as well as the amount and time of the loan, as well as the time and method of repayment.
An iou is invalid without the borrower's signature; IOU is a contractual relationship, that is, a creditor's right relationship. In this relationship, there must be two parties, and an IOU belongs to both parties' contract and must be the true expression of both parties. Therefore, it can't be said that the borrower's real intention is expressed without the borrower's signature, so the contract, that is, the loan, is invalid and has no legal effect.
Standard IOUs shall include the following contents:
(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 loan term should be clearly written, including the start and end date of the loan and a clear loan term;
(4) The specific repayment date shall be clearly written;
(5) The loan interest should be clearly written, and there should be a clear annual interest rate or monthly interest rate, and the final total loan interest to be paid (including the amount expressed in words and figures) and other agreements;
(6) The date, month, date, time and payment method of repayment of loan principal and interest shall be specified;
(seven) should have the borrower's personal signature, handprint or autograph;
(eight) when necessary, it shall be signed by the guarantor to clarify the guarantee period and responsibility.
2. How long is the statute of limitations for IOUs?
The limitation period for requesting protection of civil rights from the people's court is three years. Where there are other provisions in the law, those provisions shall prevail.
The limitation period of action shall be counted from the date when the creditor knows or should know that the right is damaged and the debtor knows it. Where there are other provisions in the law, those provisions shall prevail. However, the people's court shall not protect the rights that have been damaged for more than 20 years. Under special circumstances, the people's court may decide to extend the time according to the application of the obligee.
If the parties agree to perform the same debt by stages, the limitation period of action shall be counted from the date when the last performance period expires. The limitation period for a person with no capacity for civil conduct or a person with limited capacity for civil conduct to claim a legal representative shall be counted from the date when the legal representative terminates.
If the limitation of action expires, the debtor may raise the defense of non-performance. After the expiration of the limitation period of action, if the debtor agrees to perform it, it shall not defend itself on the grounds of the expiration of the limitation period of action; If the debtor voluntarily performs, it may not request the return.
The people's court shall not take the initiative to apply the statute of limitations.
It should be noted that the loan must be signed by the borrower, and only by writing the name can the relationship between the two parties be confirmed. As long as the IOUs are ineffective, they will not be recognized by law. Therefore, it is necessary to combine the actual situation when dealing with it, so as to ensure that the interests and rights of both parties will not be lost.