1. How to write an IOU so that it has legal effect
(1) It is better for the IOU to be handwritten by the borrower, but attention should be paid to the writing standards. Printed IOUs are also legally binding, but can be easily forged. The borrower's signature should be accompanied by a fingerprint. The borrower's information must clearly indicate the ID number, and the borrower must provide the original document for verification when writing the IOU.
(2) The date of the loan must be written clearly, preferably to the date. You can stipulate the repayment date in the IOU. If the repayment date is not stipulated, the borrower can claim for return at any time, and the stipulation If the repayment date is due, you can only request return when the repayment date expires. If the loan has not been returned by the expiration of the repayment date, the lender shall sue within three years. If the loan is overdue, the lender may lose the right to win the lawsuit.
(3) The loan amount must be written in Arabic numerals and Chinese capital letters, and the currency must be written clearly, such as "RMB 100,000.00 yuan (RMB 100,000 yuan)" to prevent the person holding the IOU from tampering.
(4) Try to choose the method of bank transfer for payment. You can specify the account number and transfer date from which the other party collects the payment in the IOU. For transfers, you can note the purpose of the loan. If the amount is small, when cash is delivered, it should be noted in the IOU that the loan from both parties is delivered in cash. Either way, the borrower is required to write a separate receipt for the money received. An IOU can only prove that there is a loan contract between the two parties, but it is not enough to prove that the borrower has fulfilled its obligation to deliver the money.
(5) If the borrower is married, it is best to obtain the signature of the spouse, which is more secure for the creditor and prevents one party from refusing to assume the repayment obligation on the grounds of ignorance or being sued in court. Execution, where one party transfers property to a spouse resulting in an inability to repay.
(6) After the IOU is issued, a copy of the borrower’s signed ID card and a copy of the marriage certificate should be collected at the same time.
(7) If the amount is large, you can ask a lawyer or a third party to witness and sign.