Never write these three words on the IOU! Otherwise, it will become a piece of paper
In daily life, you will always encounter some financial difficulties. At this time, the general approach is to borrow money from others or others to borrow money from you. When borrowing money from friends, it is generally embarrassing to write an IOU, or write an IOU, but the content is full of loopholes, and the matter is dealt with casually. Who knows, a standardized IOU can ensure that you can get your money back in the event of a loan dispute between the two parties. Therefore, when lending money to others, it is necessary to reasonably protect one's own rights and interests from harm and to provide guarantees.
So, how much do you know about IOUs? Let’s learn about this knowledge together.
1. The IOU must be a complete piece of paper, not torn or cut paper, otherwise it may be invalid. There have been cases like this.
2. The title should state "IOU" instead of "IOU". IOUs prove the loan relationship, and IOUs prove the debt relationship. A loan is definitely a debt, but a debt is not necessarily a loan.
3. It is best for the IOU to be handwritten by the borrower. It should be written in a standardized manner and should not be too sloppy or written in cursive script that ordinary people cannot understand. Printed IOUs are also legally binding, but are easier to forge.
4. The name and ID number of the lender and borrower should be clearly stated in the text of the IOU, and the borrower should be required to produce the original ID card for verification. When the borrower signs, he or she must press his/her fingerprint (right thumb) or stamp.
5. The date of the loan and the date of repayment must be written clearly, preferably to the date. If there is no agreed repayment date, the borrower can demand return at any time. If the repayment date is agreed upon, the borrower can only request return when it expires.
6. The loan amount must be written in both Arabic numerals and Chinese capital letters. If the upper and lower case amounts are inconsistent, in judicial practice, the upper case amount will prevail, and the currency of the country must also be stated. For example, "I borrowed RMB 1,000.00 today (RMB one thousand yuan)". Be sure to add the words "borrowed today" to prove that the borrower has received your money.
7. If there is interest on the loan, the interest must be stipulated in the IOU. If interest is not explicitly agreed upon, requests for interest upon return will not be supported.
8. Copy the front and back of the borrower’s ID card at the bottom of the IOU and have it signed by the borrower.
In addition to some necessary contents of the IOU, there are some places that require special attention. If written incorrectly, it may have completely different effects.
1. The title must read "IOU", not "IOU".
The IOU proves that you lent him money, and the IOU proves the debt relationship, which occurs due to reasons such as uncollected payment, unsettled transactions, unpaid rent for the leased store, etc. A loan is definitely a debt, but a debt is not necessarily a loan.
If the IOU does not indicate a repayment date, the maximum statute of limitations is 20 years. No matter how long the IOU is, the statute of limitations is 2 years. If there is no repayment date, the statute of limitations starts from the day after the IOU is issued. Therefore, if the other party does not repay the money within two years, the IOU will be invalid.
2. The polyphonic words "hai" and "huan" express very different meanings.
The same words are "pay the debt today". If you read "pay the debt today (hai)", it means that you still owe the loan; if you read "pay the debt today (huan)", it means It means to pay back the debt.
Therefore, you should avoid this word when writing an IOU. You can change it to "unpaid debt" or "currently owed debt" and "return of debt."
3. "Borrow" and "borrow" must be written clearly.
The difference between "borrowing today" and "borrowing today" is quite big. "Jin borrow" means preparing to borrow, but the loan may not be obtained. If there is not enough evidence to prove that the other party has received the money, it may be ruled invalid and cannot be supported by the court. And "borrowed today" means that the borrower has already received the money.
When the borrower signs and fingerprints, it should be done in a place where you can see it, to prevent the other party from asking someone else to take his place.
Nowadays, many payments and transfers are completed through online banking or third-party payment institutions, and the same is true for borrowing. Because in many cases, it is impossible for everyone to work in the same place, so the borrowing locations of both parties are not in the same place, and the loan can be quickly transferred to the other party's account through online banking.
So the question is, how should the lender protect its rights and interests when it is impossible to write an IOU face to face, and how should it leave relevant evidence of the loan?
If the borrower communicates through social software to request a loan from you, try not to communicate by voice and communicate in the form of text. This will help you save screenshots of the chat content and make the voice as clear as possible. Restore it to text. Today's social software generally has the function of converting speech into text. The chat record must be able to prove the true identity of both parties. If possible, ask the borrower to enter an IOU in the IOU format and send it to the chat record.
When transferring money to a borrower through online banking or a third-party platform, make sure that the names of the borrower and the receiving account are consistent, and write the reason for the transfer, payee, amount, etc. in the transfer notes, so that you can Electronically verify the reason for the transfer.
After transferring money, you should print the electronic transfer receipt through online banking or bank counter as soon as possible. What are these three words you should never write on an IOU?
In the first word, the month and year of the interest calculation unit must be stated. The second character, the name cannot be omitted. The third word is the key status word, such as "already" and "wei".
In daily life, it is inevitable that a friend will come to you to borrow money. In order to express the relationship between creditor and debt, both parties will write an IOU. However, there are also skills in writing an IOU. If the IOU is written incorrectly, it will be a piece of waste paper. Therefore, please do not write these three words on the IOU, otherwise the money may become a piece of waste paper.
In the first word, the month and year of the interest calculation unit must be stated. When writing interest, be sure to state clearly whether the calculation unit is monthly or annual. The second character, the name cannot be omitted.
Some borrowers use their customary title when signing the IOU instead of the name on their ID card. For example, the borrower’s full name is "Wang Linle", but the signature is indeed "Lin Le". Differences in wording may result in the court being unable to identify a clear defendant, unable to serve relevant legal documents, and the case trial unable to proceed normally.
The third word is the key status word, such as "already" and "wei". For example, "repay the debt of 30,000 yuan" is ambiguous. It can be understood as "30,000 yuan has been repaid" or "30,000 yuan is still owed". In this case, we should Use appropriate vocabulary to clarify its meaning, such as "30,000 yuan has not been repaid", or "30,000 yuan has been repaid."
Be sure to note these questions when writing an IOU, otherwise your IOU will become a piece of waste paper. Write down the full legal names of the borrower and lender; write down the full amount of the loan, including the amount in uppercase and lowercase letters.
Write clearly the time period of the loan, including the start and end years of the loan and the clear loan period; write down the specific year, month and day of repayment; write down the interest of the loan clearly, and have a clear annual interest rate or monthly rate. Interest rate, the final total loan interest payable, etc. What three words should you never write on an IOU?
When borrowing money, do not write an "IOU" but an "IOU"
Many people confuse "IOU" with "IOU". In fact, there is a clear legal difference between the two. If neither of them specifies a specific time for repayment, once the debtor fails to repay the debt, the legal validity period of the IOU lawsuit will be as long as 20 years, while the legal validity period of the IOU lawsuit is only 2 years. Once this period is exceeded, the creditor will Without the right to win the lawsuit, the lending relationship will no longer be protected by law.
Extended information
The difference between "borrow now" and "borrow now"
In the IOU, "borrow now..." and "borrow now..." are only The difference of one word "to" gives the debtor an excuse to default on the debt. If the IOU says "Today I borrow 100,000 yuan from so-and-so", some debtors will make a fuss about it and argue in court that although I wrote the IOU, it only expresses my willingness to borrow money and I have no real intention to borrow money. Receive money! At this time, if the creditor cannot provide other evidence to refute, he will often suffer a "dumb loss".
Therefore, it is recommended that everyone must be strict and standardized when writing IOUs in order to avoid the above situation. In addition, when handing over the loan to the debtor, it is best to use bank transfer and keep the transfer certificate in case of emergency.