2. Case of the loan amount: the loan amount must be indicated on the loan slip, and it should be written in case, so as not to write only the amount in one format, causing the amount to be tampered with by others, especially the amount in lowercase is very easy to tamper with.
3. Repayment interest: If the loan involves repayment interest, it must be indicated on the loan slip to avoid the situation that the lender overcharges or the borrower undercharges.
4. Repayment time: When must the loan be clearly stated on the IOU? If the repayment time is not indicated, it is impossible to determine when the borrower will not repay.
5. The repayment method of the loan has been liquidated damages: it is also necessary to write clearly how to repay the loan after it expires and what responsibilities the borrower needs to bear if it does not repay.
6. Personal signatures and seals of both borrowers: The debit note must have the personal signatures of both borrowers, at least the personal signatures of the borrowers, preferably with handprints, otherwise the debit note will not take effect.
7. If the borrower borrows a large amount, it is best to indicate the purpose of use on the loan slip to prevent the borrower from using the funds for improper transactions later.
Second, matters needing attention in writing 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, why I borrowed money from you has nothing to do with the loan itself. If I join, it may lead to a civil act of conditional lending and cause the borrower to invoke a 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 contacts you and writes the IOU under a pseudonym or nickname, then the signature of the IOU is seriously flawed.
The most important thing is that the borrower's signature must be witnessed. If the borrower signs his name with someone else's hand, it will lead to the loss of the loan certificate. So don't accept written IOUs or written IOUs afterwards. Be sure to let the borrower write IOUs in person.
6. The loan itself must be a complete piece of paper, not a torn or scratched piece of paper. There was a real case: a borrower repaid several times, and each repayment was written in the second half of the loan. Finally, the lender tore off the second half, denied the fact that the borrower had repaid before, and took the borrower to court to demand full repayment. The borrower used the torn part of the loan as a defense, and finally the judge accepted the borrower's combination with other documents and ruled that the lender lost the case.
Therefore, the integrity of the IOU is also very important to prevent the borrower from arguing that the IOU is incomplete, because the court does not know whether the torn part has other meaning. In civil litigation, based on the principle that whoever advocates gives evidence, if you advocate tearing up blank and useless waste paper as a plaintiff, you need to give evidence yourself. If you can't give evidence, you will bear the result of losing the case.
7. On the issue of limitation of action, the three-year limitation of action starts from the date of repayment. If you fail to claim the creditor's rights from the borrower within three years from the date of repayment, you will lose the right to win the case. Although legally speaking, as long as you ask the borrower for repayment, the limitation of action will be interrupted, but it is difficult for you to prove that you did claim the creditor's right from the borrower on a certain day (in this case, it is proved by the lender), which is basically not feasible in practice.
Legal basis:
law of contract
Article 197 Format and Main Terms of a Contract
A loan contract shall be in written form, unless otherwise agreed between natural persons. The contents of the loan contract include the loan type, currency, purpose, amount, interest rate, term and repayment method.
Article 198 Contract Guarantee
When concluding a loan contract, the lender may require the borrower to provide a guarantee. The guarantee shall comply with the provisions of the Guarantee Law of People's Republic of China (PRC).
Article 199 Obligation of the Borrower to provide true information.
When concluding a loan contract, the borrower shall provide true information on the business activities and financial status related to the loan as required by the lender.