IOUs are short and pithy, and are often used in daily civil and commercial activities. According to the three elements of civil legal relationship (subject, object and content), the following matters should be paid attention to when issuing IOUs:
1, subject? It is necessary to clearly express the subject of the creditor-debtor relationship, that is, who is the creditor and who is the debtor (pay attention to the ambiguity of the word "borrow"); If a natural person is the main body, the name on the ID card should be checked, and the number of the resident ID card should be copied on the receipt when conditions permit; If the legal entity is the main body, it shall be stamped with the official seal of the entity.
2. object? The unit of the amount should be clear, the amount should be written in traditional Chinese characters, and the proportion should be clear, such as percentage, thousand ratio and ten thousand ratio.
3. What is the content? Express clearly and pay attention to avoid ambiguity. The date of return should be clear, if there is an interest agreement, it should be stated, otherwise it will be regarded as no interest according to law, and if there is an agreement on liquidated damages, it should be stated. If there is a guarantor, the method of guarantee shall be indicated, and the guarantor shall be indicated.
4. in duplicate? It is better to have two receipts, one for each party. As a quick and convenient confirmation method, the receipt is usually written by hand, and the issuer is specific, that is, it is written and sealed by the debtor, the borrower and the donee, but in reality it is often written by the creditor, the lender and the donor, and then signed by the debtor, the borrower and the donee.
In this case, if the borrower, the borrower and the payee don't have the same receipt, and the writer tampered with the only remaining receipt, such as adding the amount of the loan, how can the signatory defend? On the contrary, if there are two identical documents (in duplicate), cheating by both parties will not only be futile, but also hurt feelings.
Second, the mode of formal IOUs.
IOU (I owe you)
I borrowed * * * RMB today and paid it off before * * *.
Pay liquidated damages at *% of the total amount every year.
Borrower: * * *
* Year * Month * Day
IOU (I owe you)
For what? (reason)? Owe? (Creditor)? Renminbi? (amount)? Yuan, based on this.
Evidence: * * *
* Year * Month * Day
Extended data
Case:
On behalf of a group of Qin Yanhua, he added diesel to the construction machinery of a construction site. Most of the oil money has been settled afterwards, but there is still 20056 yuan unpaid. 2065438+001October 26th, 10. After the settlement, Qin Yanhua wrote an IOU to Dai. Dai didn't pay attention at that time. Yan Yanhua signed the name "Yan Yan" on the IOUs. Since then, Yan Yanhua has refused to repay.
On June 65438+1October 12 this year, Dai asked Qin Yanhua to pay her debts in person, but Qin Yanhua denied that she owed money, saying that she didn't write the debt herself. In a rage, call the police on behalf of a certain person. Under pressure, Qin Yanhua admitted that she wrote this iou in the name of "Qin Yan" and admitted that the arrears were true.
When the police asked her why she didn't write her full name, she claimed that she just wanted to pay. Subsequently, Dai sued Yan Yanhua to the Yongning District Court in Nanning. The court held that Qin Yanhua admitted to the public security organ that the loan really belonged to her in the name of "Qin Yan", and the court confirmed the authenticity of the loan.
Qin Yanhua said that these IOUs were written to Dai for reference when she taught him to write IOUs. But Dai denied that Yan Yanhua could not prove her statement.
People's Daily Online-Bad capitalization of white stripes is easy to cause disputes. The judge teaches you to write IOUs.