If it has legal effect, the signature of the person matches the ID card. If I borrow money from you and write an IOU, it means that the fact already exists and has legal effect. At that time, I can use the IOU to ask you to borrow money to demand repayment. If the money is cleared, return the IOU to him, and the money will be cleared in both directions.

The basic contents of the IOU include: creditor’s name, loan amount (domestic and foreign currency), interest calculation, repayment time, default (delayed repayment) penalty, dispute resolution method, as well as the debtor’s name, loan date and other essentials.

As long as the creditor's name, loan amount, debtor's name and loan date are present (even though they are added later), they meet the main requirements of the IOU and are therefore legally valid. Once a dispute arises, it can be used as evidence to claim creditor's rights in the People's Court, and the People's Court will also accept it.

Extended information:

Legitimate rights of creditors

The "Contract Law", based on the principle of fairness, gives the debtor many rights:

1. Perform the right of defense at the same time. In a bilateral contract, if one party that is required to perform simultaneously has evidence proving that the other party is unable to perform at the time of simultaneous performance or cannot perform as agreed, it has the right to retain its own payment obligations. This right to retain payment is the defense of simultaneous performance. right.

Article 66 of the "Contract Law" stipulates: "If the parties owe each other debts and there is no order of performance, they shall be performed at the same time. One party has the right to refuse the performance request of the other party before the other party performs. When the agreement is complied with, the party shall have the right to reject its corresponding performance requirements. ”

Second, the right to defend against subsequent performance. In a bilateral contract, if the party that should perform first fails to perform or fails to perform as agreed, the other party who has reached the time limit for performance has the right to non-performance or partial non-performance. This right is the right of defense to subsequent performance.

Article 67 of the "Contract Law" stipulates: "If the parties owe each other debts, and there is an order of performance, if the party that performs first fails to perform, the party that performs later has the right to reject its request for performance. The party that performs first performs If the debt does not comply with the agreement, the party that performs later has the right to reject its corresponding performance request. ”

3. Right of uneasiness defense. The right of unrest defense is also called the right of first performance defense. It means that after a bilateral contract is established, if the party who should perform first has evidence to prove that the other party is unable to perform its obligations, or there is a possibility of being unable to perform its contractual obligations, there is a right of defense before the other party fails to perform or provides guarantee. The right to unilaterally suspend the performance of contractual obligations.

Article 68 of the "Contract Law" stipulates: "If the party that should perform its debt first has definite evidence to prove that the other party has any of the following circumstances, it may suspend performance:

(1) Serious deterioration in business conditions;

(2) Transferring property and evacuating funds to avoid debts;

(3) Loss of business reputation;

(4) There is In other circumstances where the party has lost or may lose the ability to perform its debts. If the party suspends performance without definite evidence, it shall bear liability for breach of contract. It should be noted that if the party suspends performance of its obligations in accordance with the above provisions, it shall promptly notify the other party. When the other party provides appropriate guarantees, performance shall be resumed.

After suspending performance, if the other party fails to restore its ability to perform within a reasonable period and fails to provide appropriate guarantees, the party that suspended performance may terminate the contract.

4. The right to defend against invalid claims. Article 52 of the "Contract Law" stipulates: "A contract shall be invalid if any of the following circumstances occurs:

(1) One party concludes the contract by means of fraud or coercion, harming national interests;

(2) Malicious collusion to harm the interests of the country, the collective or a third party;

(3) Covering up illegal purposes in legal forms;

(4) Harming social welfare*** Interests;

(5) Violation of mandatory provisions of laws and administrative regulations. "An invalid contract has no legal binding force from the beginning. If it has not been performed, the performance will be terminated; if it has been performed, the property acquired by the party due to the contract will be terminated." It should be returned; if it cannot be returned or there is no need to return it, it should be compensated at a discount.

The party at fault shall compensate the other party for the resulting losses. If both parties are at fault, they shall each bear corresponding responsibilities. If the parties maliciously collude and harm the interests of the state, the collective or a third party, the property obtained thereby shall be taken back to the state or returned to the collective or the third party.

Baidu Encyclopedia--Contract Law

Baidu Encyclopedia--IOU