The wrong IOU is valid, and legal and valid proof is not required. As long as the content is true and the form is legal, it has legal effect within the term of use, but the wrong IOUs have certain influence.
Legal analysis
When signing a loan contract, both parties will generally indicate the names of the borrower and the creditor, but some people will have some ID cards different from their own names. For example, some people's ID cards say Li Xinyi, but others think it's Li Xinyi, so some people may suspect that the name is wrong. The way to write the wrong name on the IOU is 1. If the name on the IOU is wrong, you can sign a new IOU. If only the name is wrong, both parties can re-sign the IOU, even without re-signing. Just explain the situation on the original IOU, re-sign, fingerprint or seal it, and it can be used as an effective and correct IOU. 2. When bringing a lawsuit to the court, the creditor must provide evidence to prove that the two names are the same person. Creditors have the responsibility to provide evidence to prove the facts on which their claims are based. If there is no evidence or it is not enough to prove the facts of the parties concerned, the party with the burden of proof shall bear the adverse consequences. When the name of one party in the IOU is inconsistent with the name on its ID card, the creditor has the responsibility to provide evidence to prove that the two names are the same person. If the borrower's name is the borrower's previous name or nickname, a certificate can be issued by the local police station or neighborhood (village) Committee to prove that this person is the other party; Where a witness is present, the lender may ask the witness to testify that the names of the two persons are the same person;
legal ground
Article 679 of the Civil Law of People's Republic of China (PRC) stipulates that a loan contract between natural persons shall be established when the lender provides the loan.
Article 668 of the Civil Code of People's Republic of China (PRC) 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.
The signature on the IOU does not match the actual borrower. Is the IOU still valid?
Because the name is not the actual borrower, it is invalid to sue the other party for borrowing separately. If it can be proved that the money was actually transferred to the other party's account, and there is a transfer record as evidence, such an iou can be used as evidence, and the transfer record can be used as direct evidence to prove that the other party has received your money, and you can ask for it back.
Is it legally effective to write the wrong ID card and name on the loan, but press the handprint?
Deliberately write the wrong ID card and name, but according to the fingerprint, the loan is legal and effective. The name written by the borrower on the IOU is false, which can be divided into the following two situations: if the borrower is forced to write the IOU, then the IOU is invalid; If the borrower deliberately miswrites his name because he wants to avoid debt, then this IOU is valid.
Legal analysis
If the borrower deliberately miswrites his name because he wants to avoid debt, then this IOU is valid. Notes on signing IOUs: In real life, IOUs can be signed by handprint and signature, but the law does not stipulate which hand should press the handprint. Legal effect of handprints If the parties conclude a contract in writing, they shall sign or seal it. If both parties put their fingerprints on the contract, the people's court shall determine that the contract has the same legal effect as the signature or seal. In laws and regulations, signature and thumbprint have the same legal effect, that is to say, if the borrower's name is false, the loan is also legally effective, so in life, creditors had better choose to sign the loan by signature and thumbprint. Format of IOUs: When writing IOUs, the title must be IOUs, which helps to distinguish IOUs from IOUs and avoid misunderstanding. It should be noted that the legal consequences of IOUs and IOUs are different; Be sure to correctly write the lender's name, ID number, mobile phone number and other identity information on the loan slip. At the same time, the borrower's name, ID number and other identity information should also be stated to avoid problems that cannot be solved because of the wrong information of the lender and the borrower in case of disputes.
legal ground
Article 143 of the Civil Law of People's Republic of China (PRC) is valid if a civil juristic act meets the following conditions: (1) The actor has corresponding capacity for civil conduct; (2) the meaning is true; (three) does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.
Is it legally valid to write the wrong guarantor's name on the loan? If the borrower does not pay back the money, does the guarantor have the responsibility to pay back the money?
The role of the guarantor is that the borrower is responsible for paying back the money when it is not paid back. The name of the guarantor is misspelled, as the case may be. Guarantor A deliberately writes B's name, which is of course invalid, at least not for B. If guarantor abc accidentally writes his name as adc, it still has legal effect.
Legal analysis
This is a different concept: 1, whether the IOU is valid or not. According to the relevant judicial interpretation, the loan is valid. 2. If the guarantor's name is wrong and there is no evidence, the guarantor will not be responsible. 3. If the guarantor's name is written wrong, he will bear the same guarantee responsibility if he presses his handprint. 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 in the IOU. The IOU mainly consists of five basic parts, and the simple IOU mainly includes name, party, amount, time and signature. The party concerned is an indispensable part of the IOU, and it is a sign to clarify the relationship between the borrower and the borrower, so the name of the party concerned is particularly important. Homonyms in IOUs are also common. Common ones are Xiao, Xiao, Bing, Bin, Yang and Yang. There are also many cases in which private lending cases cannot be carried out smoothly because of homophonic names. There are mainly the following two situations: in the first case, Zhang disappeared after borrowing 30,000 yuan and sued Zhang. When the complaint was delivered, it was found that Zhang's name did not match. Later, it was discovered that this person intended to borrow money from many people, and their signatures were "Zhang X Bin". In fact, his identity name is "Zhang X Bing". In the second case, Li borrowed 5000 yuan from his friend Xie. When signing, Li deliberately wrote "Xie" as "Xie". When he went to the rear to collect debts, Li refused to pay back on the grounds that he had never borrowed money from the party, and Xie took the loan to court. Because the name is an important symbol to distinguish one person from others, and the name is complete, when writing an IOU, it is easy to cause disputes because the other party breaches the contract after a long time. In case the borrower fails to pay back the loan within the time limit, the lender wants to sue in court, often because the creditor's rights and debts are unclear, which makes the lender spend more time to prove that there is a loan dispute between the two parties.
legal ground
"General Principles of Civil Law of People's Republic of China (PRC)" Article 387 Where a creditor needs security in order to guarantee the realization of his creditor's rights in civil activities such as borrowing, buying and selling, he may establish a security interest in accordance with the provisions of this Law and other laws. If a third party provides a guarantee for the debtor to the creditor, it may require the debtor to provide a counter-guarantee. The provisions of this law and other laws shall apply to counter-guarantee.