1. If the debtor entrusts you to write, you need to obtain the debtor's written authorization, because it may be troublesome to refuse to recognize oral authorization.
2. If you go to court because of this, you can explain the relevant process clearly. After all, the borrower is not you. You just wrote an iou, so you can't assume that you have paid back the money.
Even if the borrower doesn't pay back the money, or doesn't admit the existence of the loan, you generally won't bear the responsibility unless you have a guarantee clause in the debt.
First, do you want to pay back the money if you write an iou to others?
A ghostwriter doesn't have to bear legal responsibility for writing IOUs for others. In other words, when the debtor is unable to repay the debt, except the guarantor, the person who writes the debt does not need to repay the debt. Therefore, if the debtor entrusts to write, it needs to obtain the debtor's written authorization. In order to avoid the liability risk caused by the borrower's non-repayment, it does not recognize the existence of the loan and does not undertake authorization. A loan contract is a contract in which the borrower borrows money from the lender, returns the loan and pays interest. The loan contract shall be in written form, unless otherwise agreed by the natural person. The contents of a loan contract generally include the type, currency, purpose, amount, interest rate, term and repayment method of the loan.
Second, what will happen to online loans?
1, high penalty interest and liquidated damages
High penalty interest refers to the lender's failure to repay the amount specified in the loan within the specified time limit, so as to calculate the related high overdue penalty interest. The longer the debtor extends the overdue period, the higher the agreed interest, but no matter how high it is, it cannot exceed the legal scope stipulated by our laws. If the loan is not repaid, the lender will be required to pay the corresponding liquidated damages. Therefore, it is best to develop good repayment habits to avoid causing more problems in the future.
2. Credit damage
If the loan is not repaid, it will also affect its credit. Now many banks and online lending companies have adopted the * * * enjoyment system. Borrow money from banks or online lending companies and don't pay it back. Then it is possible that other online lending companies or banks know that you owe the loan and don't pay it back. If you want to apply for a loan in the future, it will be difficult or even impossible to get a loan. Because your credit information has been damaged.
3. being harassed by various means.
If the loan is not repaid, it may be harassed by the online loan company. Sending text messages and calling relatives of borrowers or lenders 24 hours a day is still a light act. Some online loan companies will outsource the collection to professional companies that specialize in dunning. These professional dunners have various dunning methods, and sometimes even the violent collection behavior of dunning companies will lead to family breakdown.
4. Serious circumstances will lead to imprisonment.
If the debtor resolutely fails to perform the repayment obligation and wants to default, resulting in a very bad plot, the court will investigate the criminal responsibility of the debtor. The debt should be paid off. If it is temporarily unable to repay, it may be repaid by the debtor in installments with the consent of the creditor or the ruling of the people's court. Those who have the ability to repay and refuse to repay shall be forced to repay by the people's court.