2. If only the name of the creditor, the amount of the loan, the name of the debtor and the date of the loan (although it was added later), it meets the main requirements of the loan, so it has legal effect. Once a dispute arises, it can be used as evidence to claim creditor's rights to the people's court, and the people's court will accept it.
3. An IOU is a written document indicating the relationship between creditor's rights and debts, which is generally written and signed by the debtor, indicating that the debtor has owed the creditor the amount indicated on the IOU. An iou refers to a bill written to the other party when borrowing personal or public cash or goods, that is, an iou. After the money and goods were returned, the IOUs were revoked or torn up. This is a document. Usually used in daily life and business management.
The lender does not need to sign the IOU, and the IOU may not be written by the lender or the borrower, but must be signed by the borrower himself. If it is a personal loan, all borrowers need to sign it. If they can't sign in person, they can also entrust others to sign.
1. Does the lender need to sign the IOU?
The lender doesn't need to sign the IOU. An iou is a debt certificate signed by the borrower unilaterally and handed over to the lender. Therefore, the loan should be signed by the borrower, not the lender. In addition, if there is a guarantee, it can be signed by the guarantor. If both parties sign a loan contract, both the debtor (borrower) and the creditor (lender) should sign it.
Second, how to write IOUs is protected by law
1. The legal full names of the borrower and the lender shall be clearly written;
2. The loan amount should be clearly written, including the amount expressed in words and figures;
3. The term of the loan should be clearly written, including the start and end dates of the loan and a clear loan term;
4. The specific repayment date should be clearly written;
5. The loan interest should be clearly written, with a clear annual interest rate or monthly interest rate, and the final total loan interest (including the amount expressed in words and figures) should be agreed;
6. The date, month, day, time and payment method of repayment of loan principal and interest shall be stated;
7. There should be the borrower's personal signature, handprint or handwritten signature.
3. Which IOUs are not protected by law?
1, knowing that the other party borrows money for illegal activities.
According to the Supreme People's Court's Opinions on People's Courts Handling Lending Cases, lenders know that borrowers borrow money for illegal activities, and their lending relationship is not protected.
Some underground casinos have special loan sharks. When you lose everything, they will ask you, "Brother, I lend you some money, maybe you can pay you back." . According to the law, such an iou is also invalid.
2. The IOU written by the lender under duress.
According to Article 148 of the Civil Code (currently in force), if one party concludes a contract by fraud or coercion, which harms the interests of the state, the contract is invalid. Many people who have borrowed usury will ask you to write another high amount of IOUs or IOUs if they are not clear for a while.
Some debtors may not want to write, but they have to obey the threat of violence from lenders.
3. The interest agreement of more than 36% in the IOU is invalid.
The annual interest rate of usury mentioned by the people is often higher than 36%, that is, higher than the scope permitted by law. According to the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases, the interest exceeding 36% shall be deemed invalid.
Some loan sharks are smart enough to include interest in the principal. For example, they only lend 30,000 yuan to others, but they will ask the borrower to write down the principal of the loan as 60,000 yuan on the IOU. According to the law, such an interest agreement is also invalid.
Legal basis:
Article 667 of the Civil Law of People's Republic of China (PRC) is a loan contract in which the borrower borrows money from the lender, repays the loan at maturity and pays interest. Article 668 A loan contract shall be in written form, unless otherwise agreed between natural persons. The contents of a loan contract generally include terms such as loan type, currency, purpose, amount, interest rate, term and repayment method. Article 669 When concluding a loan contract, the borrower shall, at the request of the lender, provide the true information about the business activities and financial status related to the loan.
(2) There is a process of suing IOUs:
1, two copies of the complaint (because the case is simple, you can also buy the complaint directly in the court filing room and fill it out by yourself as required. The complaint should indicate the defendant's address, and it is best to have a valid contact number. Clearly fill in a requirement of the litigation request, such as: "
1, and ordered the defendant to return the arrears of 5,700 yuan;
2. The litigation costs of this case shall be borne by the defendant.
2. ID card and photocopy, iou and photocopy. When filing a case, you will be asked to provide two copies of your ID card and evidence (IOU), and the original evidence will be kept well. The judge will ask you to provide it at the trial. The legal fees of the court and the second floor are basically correct, but in addition to this 4%, the court will charge you "other fees", which is generally 25% of the legal fees (that is, the amount owed *4%*25%), and the regulations in different regions are different.
(3) How to write legal standard IOUs?
1. Borrowers must write IOUs, not lenders. This can prevent the borrower from refusing to recognize the validity of the loan on the grounds that the borrower has written the contents without authorization.
2. The loan should be as concise as possible, and don't use ambiguous language. For example, A lends B 10,000 yuan. This kind of language is not clear about who borrows money from whom, and should use "borrow" instead of "borrow", and there is no clear direction.
3. Don't write the reasons for the IOUs. For example, for what reason, borrowing money has nothing to do with the loan itself. If it is added, it may lead to the civil act of conditional lending and cause the borrower to invoke conditional defense.
4. Try to attach the ID numbers of the borrower and lender. Reflected in the IOUs, avoiding the unnecessary process of confirming the parties to the IOUs. Because sometimes some people's daily names are different from those on their ID cards. If the borrower uses a pseudonym or nickname to contact and write an IOU, then the signature of the IOU is seriously flawed.