An IOU, that is, an IOU, is a written document indicating the relationship between creditor's rights and debts, which is generally written and signed by the debtor, indicating that the debtor has owed the creditor the amount indicated in the IOU.
Writing:
1, format content should be complete. A complete IOU includes four elements: creditor, debtor, debt content, return time, signature and time.
2. Title: Be sure to write the word "IOU" and don't be mistaken as "IOU" by others. Although someone else has the money, the legal result is completely different. An iou is a certificate for claiming rights and interests in the future, and the true identity and specific matters of both parties (such as amount, purpose, interest, borrowing time, repayment time, etc.) must be truly recorded. ).
3. Name: It should indicate "IOU" instead of "IOU" or "receipt".
4. Parties: The legal full names of borrowers and lenders should be clearly written and marked with ID numbers, and never written as nicknames or nicknames; Be sure to write the lender's name and ID number correctly, and at the same time, be sure to write the borrower's name and ID number to avoid the problem of verifying whether the borrower's identity is duplicate in case of dispute.
5. Amount: The loan amount should be clearly written, including the amount in words and figures, and both parties should be consistent. In case of any inconsistency, amount in words shall prevail according to law; Borrow, return, borrow, and write clearly the amount and quantity, and use figures in capitalization to prevent forgery. When it comes to numbers, it is best to use capital letters, some are lowercase but not uppercase, the case is inconsistent, there are spaces in front of the numbers, and the decimal point position is inaccurate. , it is convenient for the obligee to add graphics or modify graphics, thus causing disputes.
6. Time: generally, the corresponding term related to the loan should be clearly written, including the time of the loan and a clear repayment period; 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 a big difference between the date when a book is returned and the date when it is not returned.
7. 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. Article 6 of "Several Opinions of the Supreme People's Court on People's Courts Handling Loan Cases" stipulates that private lending shall not exceed four times the same loan interest rate of banks, which is recognized and protected by law, and the part exceeding four times belongs to usury and is not protected by law. According to the law, if there is no clear agreement to pay interest, it will not be supported if it is required to pay interest when returning. The repayment date, month, day, time and payment method of loan principal and interest should be clearly written.
8. Signature: The borrower shall personally sign and press the handprint; In addition, note: after signing, it is best to ask him or her to press his or her right thumb (the right thumb is strictly enforced in the judicial practice of our courts and lawyers), or you can indicate which hand and finger it is in brackets after pressing it.
9. Language and writing: When writing IOUs, be sure to write clearly. At the same time, in order to avoid ambiguity, we must consider whether words and sentences are ambiguous. Don't use polysyllabic and polysemous words to write IOUs. Many Chinese characters in our country have the phenomenon of multi-tone and multi-interpretation. Once these Chinese characters are used on IOUs, they may cause disputes.
10, proof of payment: private lending is an important contract in law, that is, the actual payment can make the lending relationship effective. Generally speaking, the IOU is sufficient to prove the occurrence of the loan, but in order to prevent unnecessary disputes, the proof that the lender paid the money to the borrower should be kept. For example, if a small loan is paid directly in cash, you can indicate on the receipt that "the borrower has received the money"; If it is delivered by means of recorded vouchers such as bank transfer, the vouchers shall be properly kept.
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1. Guarantee: In order to maintain the security of the loan, the other party may provide corresponding guarantee, such as providing mortgage or guarantor guarantee. Even if no guarantee is provided, two unrelated third parties can be considered as witnesses to sign the IOU; The law has special provisions on the establishment of mortgage. For example, real estate mortgage must be registered with the competent department, and holding the borrower's real estate license does not produce mortgage effect.
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2. Pay attention to the form: there can be no blank lines between lines, otherwise it is easy for the holder to add other contents. Don't write with a faded pen. Pen with black ink or blue-black ink. If you use a ballpoint pen or other easily faded ink to write notes, due to improper preservation, the handwriting will become blurred after being wet or soaked, and it may also create opportunities for people with ulterior motives to use chemicals to alter them. At the same time, it is best to copy the front and back of the borrower's ID card on A4 paper, and then write the debit note on it.
In addition, when you pay back the money, you should ask for an iou on the spot. If the other party loses the loan or can't find it for a while, you should ask the other party to write down the receipt on the spot.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 668
A loan contract shall be in written form, unless otherwise agreed between natural persons.
The contents of a loan contract generally include terms such as loan type, currency, purpose, amount, interest rate, term and repayment method.
Article 674
The borrower shall pay interest at the agreed time limit. If the time limit for paying interest is not stipulated or clearly stipulated, and cannot be determined according to the provisions of Article 510 of this Law, if the loan period is less than one year, it shall be paid together with the loan; If the loan term is more than one year, it shall be paid at the end of each year; if the remaining term is less than one year, it shall be paid together with the loan.