What should I do if the lender's name is wrong on the loan note?
1. If the name on the IOU is wrong, you can re-sign the 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 stamp it, and it can be used as an effective and correct IOU.
Two, to the court, the creditor shall 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 the evidence is insufficient to prove the facts identified by the parties, the parties 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.
1. 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;
2. Where a witness is present, the lender may ask the witness to testify that the names of the two persons are the same person;
3. If there is no witness and the borrower denies the existence of the loan relationship, the creditor may apply for handwriting identification to prove that the signature of the loan is from the borrower, so as to prove the authenticity and relevance of the loan.
Third, provide other evidence to prove the existence of the loan relationship.
Article 210 of the Contract Law of People's Republic of China (PRC) stipulates that the loan contract between natural persons shall take effect when the lender provides the loan.
Therefore, creditors can provide bank transfer vouchers or other vouchers for loan payment to prove the existence of creditor's rights relationship between the two parties.
Knowledge link with wrong credit name on IOU.
1. What are the wrong names on the IOUs?
1, homonym
China's culture is profound, and the same sound can usually mean different words. What are the common ones? Small? And then what? Xiao? 、? Soldiers? And then what? Bin? 、? Yang? And then what? Yang? And so on, debt collection disputes often arise because of homophonic.
Step 2 use nicknames or nicknames
This kind of situation usually happens between familiar relatives and friends. Because they are familiar with each other, it is easy to write the daily customary title as an IOU when borrowing money. Although in daily life, these nicknames and nicknames can clearly distinguish who they are within a certain range, in law, such a title cannot prove this person.
3. Names with the same pronunciation due to dialects.
Almost every nation and place has its own dialect, which can increase intimacy in daily life, but if it is written as an iou, it will cause great trouble, such as Hakka dialect? Yellow? And then what? Wang? Read it all? Wang? Voice, when you write your name? Huang Moumou? Written? Wang Moumou? Collecting debts in the future may cause great trouble.
Second, how to standardize the writing of IOUs?
1, name.
It should be explained? IOUs? Instead of. IOUs? Or? Receipt? .
2. the parties.
The legal full names of both borrowers and borrowers should be clearly written, and the ID numbers should be indicated. Never write nicknames or nicknames.
3. Amount.
The loan amount should be clearly written, including the amount in words and figures, and ensure that both parties are consistent. In case of any inconsistency, the legal provisions in written form shall prevail.
4. Time.
Generally, the term related to borrowing should be clearly written, including the borrowing time and repayment period.
5. Interest.
If both parties have an agreement on loan interest, it shall be clearly stated in the receipt, and the agreed interest rate shall not violate the law.
6. Signature.
The borrower shall personally sign and print, leaving contact information.
7. Language and writing.
The writing of IOUs should be clear. In order to avoid ambiguity, we must consider whether words and sentences are ambiguous.
8. guarantee.
In order to maintain the security of the loan, we can consider asking the other party to provide corresponding guarantee, such as providing mortgage or guarantor guarantee.
9. proof of payment.
Private lending is a practical contract in law, that is, the actual delivery of money can make the lending relationship effective.