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How to write an IOU to be legally binding?

People will encounter many difficulties when they live in the world. Some difficulties can be solved by their own efforts, and some difficulties can only be solved by finding friends or family. In these difficulties The most common one is financial difficulties. Once you encounter financial difficulties, even a penny can stump a hero. When faced with this situation, many people will seek help to solve medical problems, housing, and study. In human activities, economic activities have always been a very important part of human activities.

Just in economic activities, there will be a problem, that is, how to write down the IOU correctly. After all, writing clearly in black and white can only avoid accidents in the future. After all, there are too many IOU problems that have led to several accidents. Friends for ten years, the two sides have not kept in contact with each other since old age.

So how can we avoid these problems? 1. Correct format

1. The legal names of both parties should be written clearly.

It should be the current name on the legal document, not a nickname, a previous name, or a verbal address, let alone a nickname. After all, only the name on the legal document can officially represent the person. After all, there are too many people named Boss Wang, Xiaohei, Dagazi, and Third Brother-in-law, so it is impossible to point to a specific person.

2. The amount should be written clearly, including currency type, amount in uppercase and lowercase letters.

In economics, you should put villains first before gentlemen, so the amount of the loan should clearly indicate the type of currency. After all, 10,000 yen, 10,000 US dollars and 10,000 RMB, the monetary value between these There is a big difference, and you cannot write only lowercase letters instead of uppercase letters. After all, if you only write lowercase letters, it will be easily modified by others.

3. The loan time should be written clearly, including the year, month and day of the loan and a clear repayment period.

The time period of the loan should be written clearly. If a dispute arises in the future, the time of the loan will determine whether it is still within the legal protection period. If the specific time is not written clearly, then the validity of the time will be It will require a lot of energy to prove.

4. The interest on the loan should be clearly stated.

Is there any interest in the loan? If there is interest, there should be a clear annual interest rate or monthly interest rate, and the total amount of the loan plus interest that should be paid in the end should be stated in detail in the loan ( including uppercase and lowercase amounts) and other related conventions.

5. The payment method should be clearly stated.

Whether the payment method is in cash or in other forms should be stated in detail, because in some economic disputes, there are not many cases where the payment method is not clearly written.

6. There should be a handprint or handwritten signature of the borrower.

Many people borrow IOUs printed from computers. This form of IOU needs to be written and signed by the borrower at the checkout area. If it is inconvenient for me to sign, I can sign it by hand. Seal; if the person is illiterate, then it is still necessary to have an intermediary as a witness to avoid disputes in the future.

7. There is no need to pay back payment or debt.

If the IOU is lost or there is still a part of the debt that cannot be paid, and you need to issue a receipt or a new IOU, you cannot use the words "pay back the debt" because The word "hui" is a polyphonic word. In addition to meaning to return, it also means that part of the money has not been paid in full. Therefore, it is necessary to write clearly whether the debt has been paid in full or how much money has been paid in what year and month and how much is left. The payment has not yet been made. 2. Legal Basis

Article 206 of the "Contract Law" The borrower shall return the loan within the agreed period. If there is no agreement on the loan period or the agreement is unclear, and it cannot be determined in accordance with the provisions of Article 61 of this Law, the borrower may return the loan at any time; the lender may urge the borrower to return the loan within a reasonable period of time.

Article 135 of the "General Principles of the Civil Law" The statute of limitations for petitioning the People's Court for protection of civil rights is two years, unless otherwise provided by law.

Article 137: The period of limitation of action shall be calculated from the time when the person knows or should know that the right has been infringed. However, if more than 20 years have passed since the date of infringement of rights, the People's Court will not grant protection. Under special circumstances, the people's court may extend the statute of limitations.

Article 139: Within the last six months of the statute of limitations, if the right of claim cannot be exercised due to force majeure or other obstacles, the statute of limitations shall be suspended. The period of limitation of action continues to be calculated from the date when the reason for suspending the limitation period is eliminated.

Article 140: The statute of limitations is interrupted by the filing of a lawsuit, a request by one of the parties, or the agreement to perform obligations. From the time of interruption, the statute of limitations period is recalculated.