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How to write an IOU so that it can be protected by law

For an IOU to be legally effective, it should contain the following contents:

1. The full legal names of the borrower and lender should be written clearly;

2. The loan amount should be written clearly, including the amount in uppercase and lowercase letters;

3. The loan time period should be written clearly, including the start and end dates of the loan and a clear loan period;

< p>4. The specific year, month and day of repayment should be written clearly

5. The interest on the loan should be written clearly, there should be a clear annual interest rate or monthly interest rate, and the final total amount of loan interest payable (including capital letters and the amount in small letters);

6. The year, month, day, time and method of payment for the repayment of the loan principal and interest should be clearly written;

7. The borrower should have his or her signature, fingerprint or Handwritten signature.

An IOU must have the following content to be protected by law:

1. It is better for the IOU to be handwritten by the borrower, but attention should be paid to writing standards. The printed copy of the IOU is also legally valid, but it is easy to forge;

2. The borrower’s signature should be fingerprinted at the same time. The borrower's information must be clearly written with the ID number, and the borrower must be required to provide the original document for verification when writing the IOU;

3. The date of the loan must be clearly written, preferably accurate to the date. The repayment date is stipulated in the IOU. If no repayment date is stipulated, the borrower can demand return at any time. If the repayment date is stipulated, the borrower can only request return when the repayment date expires. If the loan has not been returned by the expiration of the repayment date, the lender shall sue within three years. Overdue the right to win the lawsuit may be lost;

4. The loan amount must be written in Arabic numerals and Chinese capitals at the same time, and the currency must be written clearly;< /p>

5. Try to use bank transfer to deliver the payment. You can specify the account number and transfer date from which the other party collects the payment in the IOU. For transfers, you can note the purpose of the loan. If the amount is small, when cash is delivered, it should be noted in the IOU that the loan from both parties is delivered in cash. Either way, the borrower is required to write a separate receipt for the money received. The IOU can only prove that there is a loan contract between the two parties, but it is not enough to prove that the borrower has fulfilled its obligation to deliver the money;

6. If the borrower is married, it is best to obtain the signature of the spouse. It is more secure for the creditor to prevent one party from refusing to assume the repayment obligation on the grounds of ignorance or enforcement in court, and one party transferring the property to the spouse and being unable to repay;

7. After the IOU is issued, the IOU should be At the same time, a copy of the ID card and marriage certificate signed by the borrower will be collected;

8. If the amount is large, you can ask a lawyer or a third party to witness and sign.

How to write a private IOU to make it legal?

A qualified IOU needs to contain the following information:

1. Title: Indicates the nature of the instrument.

2. Basic information of both parties

Such as citizenship number (photocopied as attachment) and home address. Collecting this information will help to file lawsuits when disputes arise in the future. In addition, if the borrower has a spouse, it is advisable to attach spouse information to avoid future disputes about whether the loan is a personal loan.

3. Reason and purpose of the loan

A qualified IOU should state the reason and purpose of the loan, indicating the purpose of the loan, which can not only avoid the debtor's claim that the loan is a gambling debt in future litigation, etc. Unfounded defenses, and can be combined with default clauses to further ensure the safety of the loan. Once the borrower violates the purpose of the loan, the lender can require the borrower to repay the loan immediately and assume liability for breach of contract.

4. Amount and currency of loan

In practice, the amount recorded in the IOU is often maliciously tampered with, resulting in undue losses to the parties involved. It is recommended to use Arabic numerals + capital letters when writing the loan amount, and indicate the currency.

5. Lending method

The IOU is only one of the necessary evidences to establish the legal relationship of private lending. Often when the court hears this type of case, in addition to examining the IOU, it also needs to find out the loan Way. Although small-amount loans can be made in cash, they need to be noted in the IOU, while large-amount loans must be made by bank transfer to avoid disputes. However, it is recommended that whether it is a small amount or a large amount of borrowing, it is appropriate to use bank transfer, and note "providing loan" on the transfer voucher.

6. Borrowing interest rate

The borrowing interest rate should be clearly expressed as annual interest rate or monthly interest rate, also using Arabic numerals + capital letters. In addition, the interest rate agreement in most private IOUs is usually in the form of "monthly interest cents". To avoid disputes, it is recommended to use the "year/month percentage" form. It should be noted that when agreeing on interest rates, both parties should refer to relevant laws and judicial interpretations to avoid excessive interest rates without legal protection.

7. Guarantee

If the loan is guaranteed, the number of the guarantee contract should be stated in the IOU, the guarantee contract should be included as one of the attachments, and the guarantor should be asked to sign the IOU. restrain.

8. Liability for breach of contract

Write clearly the liability for breach of contract. When the other party breaches the contract, you can obtain the maximum benefits for yourself in accordance with the agreement. It is recommended that the liability for breach of contract should include: the interest rate on the principal that has not been repaid when due, the interest rate that has not been repaid when due, and liquidated damages when the borrower violates the purpose of the loan.

9. Date of payment

The date of payment should be indicated at the end of the IOU and should be capitalized.

10. Signature

The signature on the IOU must be signed by myself! No signing is allowed! If you have a spouse, it is appropriate for your spouse to sign the document together.

11. Others

If there are any alterations, the borrower will be required to check the alterations.

The writing of IOUs protected by law: (1) The writer of the IOU must be written by the borrower, not the lender. (2) The IOU should be as concise and clear as possible, and do not use ambiguous language. (3) Do not write reasons for writing IOUs. (4) Try to include the ID numbers of the borrower and the lender. (5) The IOU itself must be a complete piece of paper and cannot be torn or cut paper.

Legal basis:

"People's Republic of China and Civil Code"

Article 667 A loan contract means that the borrower borrows money from the lender , a contract to return the borrowed money and pay interest when due.

Article 668: A loan contract shall be in written form, unless otherwise agreed upon for a loan between natural persons.

The content of a loan contract generally includes terms such as loan type, currency, purpose, amount, interest rate, term and repayment method.

Article 669: When entering into a loan contract, the borrower shall provide the true situation of business activities and financial status related to the loan as required by the lender.