1. If you write an iou in the case of being cheated, you should first think of calling the police. Don't worry about anything. The first thing to do is to call the police.
2. You can exercise the cancellation right, but you need to apply to the court or arbitration institution for cancellation within one year, and you need to provide evidence to prove that you are forced to conclude an iou.
3. If the other party sues on the grounds of "paying back the money", it can actively respond to the lawsuit and ask the other party to provide evidence to defend the actual payment of the loan.
1. What should I do if I am cheated to sign an IOU?
1, signed under the condition of being cheated. If the cheated party does have evidence to prove that he has been cheated by the other party, he can directly apply to the court for prosecution. If there is no relevant evidence, it should be collected as soon as possible before bringing a lawsuit to the court. If you are cheated to sign the IOU, you can ask the court to cancel the IOU. This cancellation right must be put forward within one year after the debtor knows that there is fraud, otherwise it will be regarded as an iou, and you still need to pay back the money according to the contents of the iou after the debt expires.
2. If the signature is cheated, there is no real loan relationship between the two parties, and the iou is invalid. You can prepare the relevant evidence that the IOU is invalid, and bring a lawsuit to the court to confirm that the IOU is invalid. In the trial of private lending disputes, the court will comprehensively judge whether there is a legal and true creditor-debtor relationship between the two parties according to the existence of lending relationship and other evidence. In the process of hearing disputes over private lending, the court will combine other evidence to determine whether there is a lending relationship between "IOUs" or "receipts" with defects in form. At the same time, for cash-paid loans, we can comprehensively judge whether there is a legal and true creditor-debtor relationship between the two parties according to the delivery voucher, payment ability, trading habits, loan amount, the relationship between the parties and the transaction details stated by the parties.
Second, is the IOU signed by deception valid?
1, valid, but you can apply for cancellation. If a party commits a civil legal act that goes against its true meaning by fraudulent means, the injured party has the right to request the people's court or an arbitration institution to cancel it.
2. The loan relationship formed by one party by means of fraud, coercion or taking advantage of others' danger is a revocable contract according to relevant laws and regulations. In practice, in the process of hearing private lending, if there is only one IOU, and there is no relevant evidence of the actual borrowing behavior, the people's court will comprehensively judge whether there is a borrowing fact by combining the facts and factors such as the loan amount, the delivery of the payment, the economic ability of the parties, the local or inter-party trading methods, trading habits, changes in the property of the parties, witness testimony, etc., instead of generalizing only one IOU.
Third, how to write the loan template?
First, the title must be written with the word "IOU", which cannot be mistakenly written by others. It is important to note that although the money is in the hands of others, the legal result is completely different.
Second, it must be explained that the cash borrowed today is * * * yuan, and the word * * * is round. Special attention should be paid to verifying whether the figures are consistent. If the figures are inconsistent, amount in words shall prevail in judicial practice.
Third, be sure to write the correct lender's name and ID number, and at the same time, be sure to indicate the borrower's name and ID number to avoid problems such as verifying whether the borrower's identity is duplicate in case of disputes.
4. If you are not sure when to ask the borrower to return it, it is recommended that the lender not write the date of return, so as to ensure the 20-year limitation and not be unable to recover the limitation because of temporary forgetting. Anyone who knows the law knows that there is little difference between writing the date of return and not writing the date of return.
5. If interest is required to be paid, it must be clearly stated that if the law does not clearly stipulate the payment of interest, the claim of requiring interest to be paid when returning is not supported.
6. It is best to copy the front and back of the borrower's ID card on A4 paper at the lower right of the paper, and then write the debit note at the top. In addition, it is best to ask him (her) to draw with his right thumb after signing. In our judicial practice, both courts and lawyers strictly enforce the right thumb.
Seven, because he is borrowing money from you, the initiative is in your hands, so it is not a problem to improve the procedures before borrowing money.
Legal basis:
civil law
Article 148 If a party causes the other party to commit a civil juristic act against its true meaning by fraudulent means, the injured party has the right to request the people's court or an arbitration institution to cancel it.