The debts owed by WeChat have the same legal effect. As long as the IOUs are standardized and complete, they are protected by law.
The IOUs on WeChat belong to electronic data and are also one of the types of evidence, but at the same time, to prove that there is a civil legal relationship with WeChat chat records, the relevant conditions must be met, that is, authenticity, legality and relevance. At the same time, if you want to prove the establishment of the loan relationship, you should try to supplement it with other evidence, such as bank transfer receipts or withdrawal vouchers, Alipay or WeChat transfer vouchers.
1. The legal full names of borrowers and lenders should be clearly written, and it is best to attach ID numbers;
As a legal document indicating the loan relationship between the two parties, the signature of the IOU should be accurate, standardized and rigorous, and it should be signed in strict accordance with the legal name on the ID card. As lenders, we should attach great importance to the borrower's signature. Generally, the borrower is required to carry his ID card, sign it according to the name on the ID card, and attach the ID number, so as to be safe.
2. The loan amount should be clearly written, including the amount expressed in words and figures;
The loan amount is an important basis for the debtor's future repayment. In order to prevent disputes caused by deliberate modification, it is better to use capital figures to express them in Chinese characters.
3. The term of the loan should be clearly written, including the start and end dates of the loan and a clear loan term;
Lenders and borrowers may agree on the repayment period, or they may not agree on the specific repayment period. If a specific repayment period is agreed, the limitation period of action shall be 3 years from the date of expiration. The lender shall require the borrower to pay off in time within 3 years after the repayment period to prevent the loss of the right to win the case due to the expiration of the limitation of action.
4. The loan interest should be clearly written, with a clear annual or monthly interest rate, the total amount of loan interest that should be paid in the end (including the amount expressed in words and figures) and the payment method;
Personal loans generally occur between relatives and friends, and some people are vague about whether to calculate the loan interest out of feelings, which has laid a hidden danger for future disputes. As the saying goes, "brothers, clear accounts" should be more clear in the money exchanges between relatives and friends, which is more conducive to maintaining friendship for a long time. Therefore, when borrowing money, it is necessary to clarify whether the loan is paid or unpaid, whether the interest calculation method of the paid loan is monthly interest or annual interest, and whether the interest is paid together with the principal or in advance. These situations should be clearly stipulated in the IOU to avoid disputes in the future.
5. There should be the borrower's personal signature, handprint or handwritten signature, and the guarantor should also write it.
Require the borrower to provide a loan signed by relatives and friends with certain economic strength as collateral. The guarantee shall be joint and several, and the guarantee period shall be as long as possible and not shorter than the loan repayment period. Once it is found that the borrower's economic situation has deteriorated and he has lost the repayment ability, he should claim the guarantee responsibility from the guarantor in time to prevent the guarantor from not assuming the guarantee responsibility when the guarantee period expires.
How many years is the validity of the IOU?
The statute of limitations of IOUs is three years, but its effectiveness as evidence itself can be permanent. The creditor may have asked the other party to return the money through litigation, but once the statute of limitations for IOUs has expired and the defendant claims the statute of limitations, the people's court will support the defense request.
I hope the above questions can help you. If you have other legal questions, please consult a professional lawyer.
Legal basis: Article 469 of the Civil Code of People's Republic of China (PRC).
The parties may conclude a contract in writing, orally or in other forms.
Written form refers to contracts, letters, telegrams, telexes, faxes and other forms that can tangibly express the contents contained.
A data message that can tangibly express its content through electronic data interchange, e-mail, etc. , and can be retrieved at any time, are considered in writing.