Notes on writing IOUs 1

1. The title must contain the word "IOU". Don't let others mistakenly write it as "IOU". Special attention: Although it is all money. Others do that, but the legal result is completely different;

2. Be sure to write "Today I borrowed *** cash *** yuan, with capital *** rounded. Pay special attention to : Verify that the uppercase and lowercase letters are consistent. If the uppercase and lowercase amounts are inconsistent, in judicial practice, the uppercase amount will prevail;

3. Be sure to write the correct name of the lender, ID number, and the borrower. name and ID number to avoid problems such as verifying whether the borrower’s identity is the same in the event of a dispute;

4. If it is not certain when the borrower is required to return the loan, it is recommended that the lender does not write the return date. In this way, the statute of limitations can be guaranteed to be 20xx years, and the statute of limitations will not be exceeded due to temporary forgetfulness. Anyone who knows the law knows that there is not much difference between writing the return date and not writing the return date;

5. If interest is required, it must be clearly stated. The law stipulates that if there is no clear agreement to pay interest, requesting interest when returning will not be supported;

6. It is best to put the IOU on A4 paper first. Copy the front and back of the borrower's ID card on the lower right side of the paper, and then write the IOU at the upper end. In addition, note: after signing, it is best to ask him or her to sign with the thumb of his or her right hand (in judicial practice in my country, whether it is a court or a lawyer) The thumbprint of the right hand is strictly followed;

7. Because he is borrowing money from you, the initiative is in your hands, so it is not a problem to complete the procedures before borrowing money. Pay attention when writing an IOU. Item 2

1. How should I write the IOU?

In addition to clear handwriting and complete paper, the IOU itself must state the reason for the loan, the name of the lender, the amount of the loan, and the currency. If there is interest, the calculation method of interest must also be stated. If a large amount of loan needs to be guaranteed, the guarantor's signature and seal will also be required, and it will take effect after the borrower's signature and seal.

(1) ) When writing IOUs, you should pay attention to the following matters:

1. IOUs are evidence of a loan relationship, so you should not scribble when writing IOUs. At the same time, you should keep the IOUs well to prevent them from being lost.

2. The IOU must be clearly written and cannot be altered. If it has to be changed, the party making the change must stamp the official seal (or personal signature) on the change.

3. Try to include the amount of money on the IOU. Both uppercase and lowercase.

4. It should be noted that IOUs are different from IOUs. The scope of application of IOUs is wider than that of IOUs, and the creditor-debt relationship expressed by the matters stipulated in the IOUs is clearer and clearer than that of IOUs.

(2) What does an IOU include?

An IOU generally consists of three parts: title, body, and payment.

1. Title

The title generally consists of the name of the genre, that is, the word "IOU" is written in a larger font in the middle above the text. Some also write the words "arrears" or "owe now" as the title in this position, but the text of this title is written in the top box of the next line.

2. Text

The text of the IOU should clearly state the amount of money, items, and quantity lent to the person or unit, and the date of repayment should be indicated.

3. Payment

The payment must be signed with the name of the debtor's unit and the signature of the person handling it, and at the same time, the date of signing the IOU must be clearly written. The unit's official seal must be stamped, and the individual's private seal must be stamped.

2. What should you pay attention to when writing an IOU for private loans?

In private loan disputes, the evidence provided to the court by the creditor or debtor often only has one "IOU", which is not legally binding. It is called "isolated evidence", that is, there is no other evidence to support each other. Therefore, you need to pay attention to some legal skills on how to write a good IOU in private loans. Specifically, you should pay attention to the following aspects:

(1) Write down the full names of the lender and borrower

In practice, lenders and borrowers often have a close relationship , and does not extend to relatives. When borrowing money, write the daily customary title into the IOU, such as writing the lender as a title between relatives or a nickname or even a nickname, etc. If the borrower repays overdue, the lender will want to sue in court. Borrowers are often turned away by the court due to unclear creditor rights and debtors. In addition, the content of the IOU should be stated clearly and without ambiguity.

(2) The borrowing interest rate must be written in the IOU.

Many people mistakenly believe that interest cannot be charged on private loans, so the interest is only agreed verbally and is not written in the IOU. In fact, the law stipulates that both parties to private borrowers can agree on interest rates within four times the bank's loan interest rate for the same period. Article 211 of the Contract Law stipulates: If a loan contract between natural persons does not stipulate the payment of interest or the stipulation is unclear, it shall be deemed that no interest has been paid. If a loan contract between natural persons stipulates the payment of interest, the interest rate of the loan shall not violate the relevant national regulations on restrictions on borrowing. If the interest rate is not written into the IOU, if the lender sues and the borrower does not recognize the agreement between the parties, the lender's interest request will not be supported by the court.

(3) The repayment period must be reflected in the IOU

Loans are protected by law within the statute of limitations, but in practice many lenders often do not know the concept of "limitation of action" . From the perspective of safe recovery of creditor's rights, it is advisable to write the repayment period into the IOU when borrowing. If the borrower fails to repay the loan overdue, the lender shall claim rights against the borrower within two years after the loan expires.

The above is the answer to "How should I write an IOU and what should I pay attention to when writing an IOU?" Both borrowers and lenders should be reminded here that an IOU is a certificate issued by the lender to the borrower or borrower to express the loan of something or a certain amount of money. It is generally used to prove the loan or loan relationship. It is also the basis for the court's judgment when a dispute arises. The parties must Pay attention to the standard writing of the IOU. If you encounter a dispute over the IOU, you can contact a lawyer for relevant consultation. You can also ask a lawyer to help draft the IOU. If necessary, you can also notarize the IOU, etc., so that you can better protect your legitimate rights and interests. Things to note when writing IOUs 3

1. Deliberately write the wrong name when writing IOUs

Case: Wang and his son borrowed 200,000 yuan from their friend Zhang Zongxiang, and wrote an IOU, agreeing to return it after one year. Arrears and interest. Unexpectedly, Wang and his son played a trick when signing the IOU and deliberately wrote "Zhang Zongxiang" instead of "Zhang Zongyang". Zhang Zongxiang didn't pay attention at the time. After the repayment period, Zhang Zongxiang approached the two people to ask for the loan. Unexpectedly, the two people refused to return the loan because the name on the IOU was not Zhang Zongxiang. In desperation, Zhang Zongxiang took Wang and his son to court. Although the court supported Zhang's claim, Zhang also paid a heavy price for his carelessness when accepting the IOU.

2. It was the person who borrowed the money, not the person who wrote the note.

Case: Wang borrowed 10,000 yuan from Zhang. When Zhang asked Wang to write the IOU, Wang said that he went outside to find paper and pen to write the IOU, left the scene, and returned soon after, and handed the IOU to Zhang. Zhang saw that the amount of the IOU was correct, and handed Wang 10,000 yuan. When Hou Zhang asked the king for money, the king refused to acknowledge it. Zhang reluctantly sued the court, and the court commissioned relevant departments to identify the handwriting and confirmed that the IOU was not written by Wang. After verification by the court, Wang admitted that the loan was genuine and that he found someone else to write the IOU in imitation of his own handwriting.

3. Utilization of ambiguity

Case 1: Li borrowed 10,000 yuan from Zhou and issued an IOU to Zhou. One year later, Li returned 5,000 yuan, and asked Zhou to tear up the original IOU, and he issued a new IOU for Zhou: "Li borrowed 10,000 yuan in cash from Zhou, and now he still owes 5,000 yuan." The word "huan" here can be understood as "return" or "yet owe". According to the relevant provisions of the Civil Procedure Law, "Whoever claims, shall provide evidence." Zhou could not provide other evidence to prove that Li still owed him 45,000 yuan, so his rights would not be protected.

Case 2: Zhang borrowed 3,000 yuan in cash from Wang and issued an IOU to Wang: "Borrowed 3,000 yuan in cash from Zhang on August 17, 20xx." Later, Wang sued the People's Court with the IOU. Zhang argued in court that the IOU confirmed that Wang had borrowed 3,000 yuan from him, and asked Wang to return the 3,000 yuan in cash. It was later confirmed that when Zhang was writing the IOU, he deliberately wrote the borrower's name that should have been written after the cash amount of 3,000 yuan in the space after the word "borrowed", causing ambiguity in the IOU in order to achieve the purpose of not repaying the loan. .

4. Substituting "receipt" for "borrow"

Case: Li borrowed 7,000 yuan from Sun and issued a note to Sun: "Receipt, I accept it today." 7,000 yuan to Mr. Sun." After Sun sued the court, Li claimed in his defense that the receipt he wrote for Sun was that Sun owed him 7,000 yuan. Since the IOU written by Sun was lost, he wrote the receipt for Sun. Similar ones include, "Vice receipt, I received such and such yuan today."

5. Indiscriminate property

Case: Zheng gave Qian a consignment to sell sesame oil. When issuing the IOU, Zheng wrote: "Today I owe Qian a gross weight of 800 yuan for sesame oil." This practice of stealing "jin" to exchange for yuan makes the value difference more than 10 times.

6. Self-written IOU

Case: Ding borrowed 20,000 yuan from Zhou. Zhou wrote the IOU himself. Ding saw that the loan amount was correct, so he signed the IOU. Named. Zhou later sued Ding for repaying the loan of 120,000 yuan using an IOU signed by Ding. Ding was speechless when he wanted to argue. It was later found that Zhou left a suitable space in front of 20000, and added "1" after Ding signed.

7. Dual-purpose IOU

Case: Liu borrowed 18,000 yuan from Chen. Issue an IOU: "Borrowed 18,000 yuan in cash from Liu." Later, Liu returned the money, and Chen issued a receipt for Liu on the grounds that the IOU was lost. Later, the third party, Xu, sued with Liu's IOU and demanded repayment of 18,000 yuan.

8. The IOU does not include interest

Case: Li and Sun discussed a loan of 10,000 yuan, and the agreed interest was 2% per year. When issuing the IOU, Li wrote: I borrowed 10,000 yuan in cash from Sun today. Considering that both parties were acquaintances, Sun did not insist on writing the interest on the IOU.

Later, Sun sued for the repayment of principal and interest based on the IOU issued by Li. After hearing the case, the People's Court held that Article 211 of the Contract Law "If a loan contract between natural persons does not stipulate the payment of interest or the stipulation is unclear, it shall be deemed that no interest has been paid." According to the regulations, Sun’s claim for interest was rejected.

An IOU is a voucher, and you should be careful when making receipts.

An IOU is a written voucher for a loan issued by the borrower to the lender. In real life, IOUs can also be used by some people with ulterior motives and a blind eye for money as a means of defrauding money, causing you to suffer relief losses. In addition, there are two issues related to borrowing items that need to be paid attention to by friends:

First, when borrowing money, if you know that the other party will use it for illegal activities, do not lend to the other party. According to our country's laws, this loan is not protected by law. If the other party does not repay the money, it cannot be protected through litigation.

Second, for IOUs that have a repayment period, you must claim your rights within two years after the expiration of the repayment period, that is, file a lawsuit in the People's Court. According to our country's laws, the statute of limitations for parties to request the People's Court to protect their civil rights is two years. If the borrower files a lawsuit with the People's Court two years after the loan expires, but there is no suspension, interruption, or extension of the statute of limitations, the borrower will lose the chance of winning the lawsuit. right.