IOUs on the Internet also have legal effect, provided that both parties acknowledge the existence of a lending relationship. A standardized IOU should have the following content: The full legal names of the borrower and the lender, and the loan amount should be clearly agreed upon. , including the amount in uppercase and lowercase letters, the loan time period, including the start and end years of the loan and a clear loan period, the specific year, month and day of repayment and interest, there should be a clear annual interest rate or monthly interest rate, and the final loan payable The agreement on the total amount of interest (including the amount in uppercase and lowercase letters), the year, month, day, time and method of payment of the loan principal and interest shall be signed by the borrower himself, with his signature, handprint or handwriting.
1. How to write an electronic IOU legally
The electronic IOU format first states the title of the IOU, and then the name of the debtor, the date of the debt, the amount of the debt, the reason for the debt, The repayment date, repayment amount and interest are finally signed by the debtor and the date when the IOU is written.
2. What to do if the borrower does not repay the loan when the IOU expires
If negotiation is possible, try to negotiate. If negotiation is not possible, file a lawsuit in the People's Court in a timely manner within the statute of limitations. If there is any objection from the other party, Property clues can be provided to the court to apply for preservation. According to Article 189 of my country's "Civil Procedure Law": A creditor who requests the debtor to pay money or securities and meets the conditions may apply to the grassroots people's court with jurisdiction for a payment order.
The statute of limitations for applying to the People's Court for protection of civil rights is three years.
3. How many years is the legal validity period of the loan note
The validity period of the loan note is actually the statute of limitations of the loan note, which is very important when conducting litigation. If a party files a lawsuit beyond the statute of limitations in the loan agreement, he or she will lose the right to win the lawsuit.
1. The validity period of the loan note depends on the content of the loan note. If the repayment time is not specified, the statute of limitations is three years from the date the lender requires repayment.
2. If the repayment time is stated on the loan note, two years will be counted from the expiration date of the repayment period.
3. If the repayment date is not stated on the loan note, the creditor can require the debtor to repay the loan at any time, and the debtor can also repay the creditor at any time.
4. The loan clause is a debt dispute. As long as the creditor has evidence that it has claimed its rights during the statute of limitations, the statute of limitations will be recalculated, but the statute of limitations shall not exceed 20 years at most.
4. The difference between IOUs and IOUs
In a broad sense, IOUs include IOUs. IOUs are simply loans, while IOUs can arise from sales, compensation, unjust enrichment, etc. Both types of IOUs include IOUs. The calculation of the statute of limitations is also different.
1. Different reasons for formation
The reason for the formation of IOUs is specific borrowing facts; there are many reasons for the formation of IOUs, which can be based on a variety of facts, such as sales, labor services, Arrears arising from corporate contracting and other facts can form IOUs. The legal consequences are different.
2. Different statutes of limitations
The statute of limitations for IOUs and IOUs with an agreed repayment period are the same, but there is a difference between IOUs and IOUs without an agreed repayment period. . For an IOU that does not agree on a repayment period, the lender can request repayment from the borrower at any time. The statute of limitations starts from the time the obligee asserts his rights. The IOU can be effective for up to 20 years; an IOU that does not agree on a performance period is a legal liability. It is a kind of settlement of past economic transactions between two parties. The statute of limitations starts from the date of issuance of the IOU. The obligee shall claim his rights in the People's Court within 3 years from the date of issuance of the IOU.
3. Different burdens of proof
Although the name is not the only decisive factor in determining legal relationships, it undoubtedly has a great impact on the judge's judgment. The holder of the IOU generally only needs to briefly state the facts of the loan to the judge; the holder of the IOU must state the facts of the formation of the IOU to the judge. If the other party denies it, the holder of the IOU must provide further evidence to prove the fact of the formation of the IOU.
Legal basis:
"E-Commerce Law of the People's Republic of China"
Article 14 E-commerce operators selling goods or providing services shall Issue purchase vouchers or service documents such as paper invoices or electronic invoices in accordance with the law. Electronic invoices have the same legal effect as paper invoices.