The IOU was signed by the company as a legal person. Whether the company can be sued depends on whether the company borrows money or the legal person borrows money on behalf of the individual. If it is a personal debt, you can't sue the company, but you should sue the legal representative.
People's Republic of China (PRC) Civil Procedure Law
Article 119 A prosecution must meet the following conditions:
(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case;
(2) Having a clear defendant;
(3) Having specific requests, facts and reasons;
(4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.
If others owe money and don't pay it back, where can they sue?
In fact, the laws of the jurisdiction of the loan contract also have corresponding provisions.
1. If there is an agreement on the jurisdiction of the court in the contract, such agreement shall prevail.
When signing a loan contract, some prudent lenders will stipulate in advance in the contract which court one party will file a lawsuit in case of breach of contract, so as to prevent the borrower from failing to fulfill the repayment obligation in the future and constantly changing the residence, resulting in the inability to claim the creditor's rights. Once there is an agreement on the jurisdiction of the court in the contract, the parties should first bring a lawsuit in the agreed court. The parties to a contract may agree in a written contract to choose the jurisdiction of the people's court where the defendant's domicile, the place where the contract is performed, the place where the contract is signed, the plaintiff's domicile and the subject matter are located.
Two. If there is no agreement in the contract, the court of statutory jurisdiction shall apply.
In daily life, people usually borrow money from acquaintances. Because they are afraid of hurting their feelings, they generally don't sign contracts, so naturally there is no court under the jurisdiction of both parties. In the absence of agreement, the principle of legal jurisdiction is adopted.
1. institute legal proceedings in the court of the defendant's domicile.
If someone owes money and doesn't pay it back, he will sue in the court of the debtor's domicile or habitual residence. At present, there are relatively few prosecutions in the household registration, such as lending money to migrant workers and not paying them back in the future. It is unrealistic to sue in the original domicile. Therefore, it is usually necessary to sue in the court of habitual residence, and a place that has lived continuously for more than 1 year can be recognized as a habitual residence.
2. Bring a lawsuit to the court where the contract is performed.
The place of performance refers to the place where the parties perform their contractual obligations. In a loan dispute, the lender has the obligation to lend money and the borrower has the obligation to repay it, so both the lender and the borrower are places to fulfill their contractual obligations. Therefore, if others owe money and don't pay it back, they can also bring a lawsuit to the court that borrowed money.
The above knowledge is Bian Xiao's answer to relevant legal questions. The IOU shall be signed by the company as a legal person. Whether the company can be sued depends on whether it is the debt borrowed by the company or the debt of the legal person representing the individual. If it is a personal debt, you can't sue the company, but you should sue the legal representative himself. If you need legal help, you are welcome to seek legal advice.