Does signing a receipt count as an IOU?

It cannot count as an IOU. An IOU is proof of the relationship between creditors and debtors, and a receipt is a proof of receipt of money and property. The legal relationships they prove are different, and receipts cannot replace the role of IOUs.

Legal basis:

"People's Republic of China and Civil Code"

Article 667 A loan contract means that the borrower borrows money from the lender , a contract to return the borrowed money and pay interest when due.

Article 668: A loan contract shall be in writing, unless otherwise agreed upon for a loan between natural persons.

The content of a loan contract generally includes terms such as loan type, currency, purpose, amount, interest rate, term and repayment method.

Article 669: When entering into a loan contract, the borrower shall provide the true situation of business activities and financial status related to the loan as required by the lender. Is it possible for a signature to be forged into an IOU or IOU?

No matter how forged, the validity of a loan mortgage contract signed by an individual depends on whether one party entered into the contract through fraud or coercion or harmed national interests. According to relevant laws and regulations, the validity of a contract must be based on the agreement of both parties and not violating the law.

Legal Analysis

A valid contract refers to a contract that meets the requirements for a contract to be effective and can produce the legal effects expected by the parties to the contract. The law evaluates the consensus of the parties, and in terms of contract validity, it stipulates the effective requirements of the contract and serves as the evaluation standard. For contracts that meet the requirements for validity, legal effects will be given based on the agreement of the parties. For contracts that do not meet the requirements for validity, the circumstances will be distinguished and they will be treated as invalid, voidable or undetermined. The true expression of intention means that the contracting party's expressed behavior should truly reflect his inner effective intention, that is, his effective intention is consistent with the expressed act. As a valid requirement of the contract, it is a natural requirement of the principle of autonomy of will. Contracts must not violate mandatory norms, which are determined by the purpose of the contract system and are a general principle. In addition to the mandatory regulations of the law, the contract must not violate the interests of the public. The subject matter of the contract determines the quality and quantity of the rights and obligations of the contract. Without it, the contract will lose its purpose, lose its positive meaning, and should be invalid. The possibility of the subject matter of the contract refers to the possibility that the contractual benefits may be realized. The determination of the subject matter of the contract refers to the determination of the subject matter of the contract from the beginning, or the determination of the subject matter. The parties can understand the status and legal effects of the contract, which is of great significance to protecting their legitimate rights and interests and reducing disputes. In principle, when a natural person signs a contract, he or she must have full capacity for conduct. Persons with limited capacity for conduct and persons without capacity for civil conduct are not allowed to sign the contract in person and must be signed by their legal agent on their behalf.

Legal Basis

Article 143 of the "People's Republic of China and Civil Code" civil legal acts are valid if they meet the following conditions: (1) The actor has the corresponding Capacity for civil conduct; (2) The expression of intention is true; (3) It does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs. Will an undated signature be forged into an IOU?

A signature may be forged into an IOU or IOU.

1. Situations in which a signature may be forged into an IOU or IOU: A. The signature is in the middle of the blank paper (not necessarily in the middle), and there is a blank space on it that can be used to forge an IOU. B. The signature is at the bottom of the blank paper with enough space for forgery.

2. Situations that cannot be forged into IOUs or IOU signatures: paper with written writing on it and the writing cannot constitute an IOU, a signature on a document, a signature on the top of a blank paper, or a top box on a blank paper sign.

3. To prevent signatures from being forged, IOU: You can write: When invited to sign so-and-so, so-and-so’s signature is given as a gift. What should I do if my handwritten signature is forged by a stranger?

It is possible, but it does not mean that the law will support the legality of this IOU, because only the signature is yours, and the content above is forged by others and the loan transaction There is also a need for proof, so in fact even if someone else forges an IOU, it will not be supported in the end.

If a creditor who holds an IOU claims rights against you, you can defend yourself on the grounds that the IOU is forged. If the creditor is the one who forged the debt, he can report the case to the public security organ, as this behavior is suspected of fraud.

1. The legal effect of the signature on the IOU:

1. The signature in the IOU has the effect of confirming the content of the IOU.

2. Signing in the borrower’s column is an approval of the content stated in the IOU. If someone else forges a signature, the forged signature will be invalid and I will not be held legally responsible.

3. If the authenticity of the signature cannot be determined, you can apply for handwriting appraisal to determine it.

2. How to avoid these disputes:

1. Of course, we should not sign on blank paper, even if the other party asks to sign on blank paper, we cannot sign.

2. When signing, you must write the content on the paper, that is, you must write the purpose of the signature.

3. When writing the content, be sure not to leave any blank spaces, especially not too many blank spaces between the content and the signature. The loan amount must be written in uppercase letters, and lowercase letters can be written in parentheses after the uppercase letters.

4. It is best to make a copy of the IOU and have the other party sign the copy.