The basic contents of IOUs include: creditor's name, loan amount (local and foreign currency), interest calculation, repayment time, liquidated damages (deferred repayment), dispute resolution method, debtor's name, loan date and other elements. As long as there is the name of the creditor, the amount of the loan, the name of the debtor and the date of the loan, but it meets the main requirements of the loan, it has legal effect. Once a dispute arises, it can be used as evidence to claim creditor's rights to the people's court, and the people's court will accept it.
Identity problem
There are two points worth noting. First of all, the creditor should check the debtor's identity document and let the debtor write the loan in person. If the debtor gives the creditor a pre-written IOU, it does not rule out the possibility that the debtor's signature in the IOU is signed by someone else. When creditors demanded money back, they refused to pay back on the grounds that it was not their own handwriting. If the IOU is printed, it is best to ask the borrower to sign, stamp and fingerprint the borrower's signature column.
Secondly, if the borrower is also the legal representative or person in charge of a company, the creditor must find out whether the debtor is the borrower himself or the company or enterprise he represents. Legally speaking, the legal representative or person in charge can engage in civil acts including payment on behalf of the company or enterprise. If the creditor is not clear about the identity of the debtor, there may be confusion about the identity of the borrower. The direct consequence is that creditors will face mutual prevarication between companies or enterprises and borrowers in future lawsuits, which will bring trouble to the realization of creditor's rights.
Finally, it is worth mentioning that when you lend money to your friend, you'd better leave a copy of his ID card to prepare for possible lawsuits in the future. Therefore, the IOU must be filled out by the debtor himself.
Keep the IOUs properly. Special attention should be paid to prevent the white bars from being stolen, lost and polluted, and the storage place should be safe and reliable, not easy to get wet and not in contact with chemicals. At the same time, it is best to make several copies, and then you can issue copies to the borrowers first to ensure the safety of the original.