1. Do IOUs have legal effect only if they are signed?
If it meets the requirements, only the signature on the loan will have legal effect. The following is a specific explanation:
1, as long as it is the expression of the true meaning of the parties, the content is legal and signed by the parties, it is legally binding and does not need special format;
2. Even if there are formal defects in the IOUs or IOUs signed by the parties, it will not affect the court's trial of the case.
3、
The court will, in combination with other evidence, determine whether there is a loan relationship between "IOUs" or "receipts" with defects in form. At the same time, for cash delivery loans, we can comprehensively judge whether there is a legal and true creditor-debtor relationship between the two parties according to the delivery voucher, payment ability, trading habits, loan amount, the relationship between the parties and the transaction details stated by the parties.
Second, what are the precautions for writing IOUs?
First of all, the IOU must be written by the borrower, not the lender, in order to prevent the borrower from refusing to recognize the validity of the IOU on the grounds that the lender wrote the contents without authorization.
Secondly, the loan note should be as concise as possible, and don't use ambiguous language, such as: A borrows 10,000 yuan from B. This kind of language is not clear about who borrows money from whom, and should use "borrow" instead of "borrow", and there is no clear direction.
Don't write the reasons for borrowing money, such as why you borrowed money from the client, which has nothing to do with borrowing money itself. If we join, there may be a civil act of conditional lending, which may lead the borrower to invoke conditions to defend.
Also, try to attach the ID numbers of both borrowers and borrowers reflected in the IOUs to avoid the unnecessary process of confirming the IOUs. Because, sometimes the daily name is different from the name on the ID card, if the borrower uses a pseudonym or nickname to communicate and write an IOU, then the signature of the IOU will be seriously flawed.
Finally, and most importantly, the borrower's signature must be witnessed. If the borrower signs his name with someone else's hand, it will lead to the loss of the loan certificate. Therefore, don't accept a written loan or a written loan afterwards. Be sure to let the borrower write the loan in person.
An iou has legal effect only if its signature meets the requirements. The model IOU needs to specify the relevant borrower, loan amount and currency. At the same time, if the loan has corresponding interest, it needs to be clearly reflected on the receipt, as well as the repayment time and the corresponding loan period. If there is a guarantor, the promissory note also needs the guarantor's signature.