Urgently, how to write a note to have legal effect

The ownership of the property is subject to the registration on the real estate certificate, what is written is your mother's house, your uncle is probably holding your real estate certificate is also to restrain you, from a legal point of view, his house has no legal protection, if he refuses to give you the real estate certificate, you can go to the housing management office to check the ownership of the house or reissue the real estate certificate, so it is completely useless for your uncle to get the real estate certificate.

Whatever note you write has no legal effect, because the real estate certificate is written in your mother's name, and if your uncle doesn't give it to you, you can choose to reissue it

Legal analysis: In order to have legal effect, the following points need to be paid attention to: 1. The full name of the borrower and the borrower should be clearly written, and the borrower should sign and press his fingerprint, and receive a copy of the borrower's ID card and marriage certificate signed by the borrower.

2. The amount of the loan should be clearly written, including the uppercase and lowercase amount. Write down the loan time period, including the start and end dates of the loan and the clear loan term. Write down the time and payment method of repayment of the principal and interest of the loan.

3. The interest of the loan should be clearly written, and there should be a clear annual interest rate or monthly interest rate, and the total amount of interest on the loan that should be paid (including the uppercase and lowercase amount). The interest rate is up to 24% per annum or 2% per month. The interest rate of usury is not protected by the state.

4. The delivery of the money should be made by bank transfer as much as possible, and the date of receipt and transfer of the other party can be specified in the IOU. For transfers, you can note the purpose of the loan. The borrower may be required to write a separate receipt for the money received.

Legal basis: Provisions on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases

Article 1 The term "private lending" as used in these Provisions refers to the act of financing between natural persons, legal persons and unincorporated organizations. These Provisions shall not apply to disputes arising from the issuance of loans and other related financial services of financial institutions and their branches established with the approval of the financial regulatory authorities.

Article 2 When a lender initiates a private lending lawsuit with the people's court, it shall provide proof of creditor's rights such as IOUs, receipts, and IOUs, as well as other evidence that can prove the existence of a legal relationship between loans. Where the creditor's rights vouchers such as IOUs, receipts, and IOUs held by the parties do not indicate the creditor, and the parties holding the creditor's rights vouchers file a private lending lawsuit, the people's court shall accept it. Where the defendant raises a factual defense against the plaintiff's creditor qualifications, and the people's court finds that the plaintiff does not have the creditor qualifications upon review, it rules to dismiss the lawsuit.

Legal analysis: An IOU is a simple loan contract, and it is best to replace the IOU with a loan contract in private lending; If you need to write an IOU, the content includes: the identity information of both parties, the amount owed, the payment method, the repayment time, the guarantor information, etc.

Applicable SituationsIOUs are generally applicable in the following situations:

1. When purchasing goods or purchasing products, you must write an IOU because you cannot pay or cannot pay all the money of others.

2. If you borrow money or property from another person or unit, you can't return it at that time, or you can't return it in full, and some of it is in arrears, so you need to write an IOU.

3. The voucher of borrowing money or property from a person or the public and writing it afterwards can also be called an IOU.

Although the IOU can give the payee protection in the borrowing behavior, its writing format is also extremely important, and only the correct writing format can make the IOU get the legal effect it deserves.

It is necessary to clearly express the subject of the creditor's rights and debts, that is, who is the creditor and who is the debtor. The unit of the amount should be clear, and the amount should be written in traditional Chinese. The return date should be clear, and if there is an interest agreement, it should be stated, otherwise it will be regarded as no interest according to law, and if there is a liquidated damages agreement, it should be stated.

Legal basis: Article 188 of the Civil Code of the People's Republic of China: The statute of limitations for requesting protection of civil rights from the people's court is three years. Where the law provides otherwise, follow those provisions.

The limitation period is calculated from the date on which the right holder knows or should know that the right has been damaged and the obligor. Where the law provides otherwise, follow those provisions. However, if more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not grant protection, and where there are special circumstances, the people's courts may decide to extend the rights holder on the basis of the right holder's application.

A legally recognized IOU must be signed and stamped or fingerprinted by the person at least to have legal effect. The content of the IOU must contain at least the following:

1. The identity information of both parties, including name, contact**, ID number, and mailing address;

2. Time and elapse;

3. It is necessary to indicate the payment time of the money, and the designated collection can also be marked;

4. It is necessary to indicate the liability for breach of contract for overdue chain payment;

5. After receiving the payment, there is no dispute between the two parties on this matter, and neither party shall claim any rights against the other party for this matter;

6. It is necessary to indicate the effective time of the IOU, for example, this IOU will take effect from the date of signature and seal of both parties.

Civil Code of the People's Republic of China

Article 668.

The loan contract shall be in written form, unless otherwise agreed upon between natural persons.

The content of the loan contract generally includes the type of loan, currency, purpose, amount, interest rate, term and repayment method. Article 669.

When entering into a loan contract, the borrower shall, in accordance with the requirements of the lender, provide the true information about the business activities and financial status related to the loan.

The IOU is generally composed of three parts: title, text and payment, and in order to make the IOU issued have legal effect, the following principles should be followed when writing the IOU:

1. Title. The title of the IOU is generally composed of the name of the text, that is, the word "IOU" is written in a large font in the upper middle of the text. There are also the words "Temporarily owed" or "Owed" written in this position as the preceding empty title, but the body of such a title is written in the top box of the next line.

2. Text. The body of the IOU should clearly state who or what unit is owed, what quantity, and indicate the date of repayment.

3. Payment. The name of the debtor's unit and the signature of the person handling the payment must be signed, and the name of the debtor must be signed on the IOU issued by an individual. and the date of the IOU. The official seal should be affixed to the unit, and the private seal should be affixed to the individual.

4. Indicate both parties and the date of establishment.

In short, as long as the reason and amount of the arrears are clearly written, the debtor's signature will have legal effect.

Please click to enter a description (up to 18 words).

Sample IOU

Due to the recent inconvenience of hand, I borrowed the amount and received a total of RMB yuan.

It is expected to be returned as scheduled by XX/XX/YYY.

During the period, the interest will be paid at the beginning of each month.

The above is afraid that the words are unfounded, and this IOU is hereby used as evidence.

XX/XX/20XX.