Lawyer reminds what should be paid attention to when writing an IOU and an IOU?

IOUs and IOUs are actually the same thing, first, the amount should be written clearly in Arabic numerals and Chinese capitalization to avoid objections; Second, who is the lender and who is the debtor should be clearly stated and no ambiguity should arise. For example, if A borrows how much money B has, he doesn't know who owes it; Third, the basic natural information should be indicated, such as the date of the conclusion, the names of both the debtor and the creditor, and if necessary, the ID number. Fourth, if there is interest accrued, the interest agreed upon by both parties should be indicated within the statutory limit, or the way in which the interest is calculated when the exchange is made, such as referring to a certain type of deposit in the bank. That's basically it.

The receipt should be clearly stated in accordance with the content of the IOU or IOU.

The simplest: time, person, amount, repayment period, interest.

Legal analysis: First of all, the amount of the loan indicated in the IOU, receipt, IOU and other credit documents is generally recognized as the principal. The main considerations are as follows:

1. When borrowing, it is advisable to write "IOU", not "IOU". 2. The interest rate agreed upon by both parties at the time of borrowing should be written into the IOU. 3. When borrowing, it is advisable to write the repayment period into the IOU.

4. The full names of the lender and borrower should be clearly stated in the loan IOU. 5. When borrowing, the IOU should be clearly and unambiguous.

Legal basis: Article 26 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases The amount of the loan indicated in the IOU, receipt, IOU and other proof of creditor's rights is generally determined to be the principal. Where interest is deducted from the principal in advance, the people's court shall determine the amount actually lent as the principal.

IOUs, IOUs, and receipts are indispensable evidentiary documents in the process of debt and creditor's rights, and are evidence that both the borrower and the borrower guarantee their rights and interests, so they should be paid attention to when writing. So what are the precautions for writing IOUs, IOUs, and receipts? Read the article below to find out.

1. The content should be relatively perfect.

The IOU should clearly state the amount of the arrears, the currency, or the quantity of the goods, as well as the basic natural attributes such as name, quality, specification or model, the reason for the arrears, the date of return, the legal consequences of overdue payment, and the exact name or name of the creditor or debtor, and finally the debtor's signature or signature and the date of issuance. In addition to the above items, the IOU should also clearly state the loan period, interest (or rent), and penalty interest (or liquidated damages) for overdue repayment. In addition to the above-mentioned related matters, the receipt should specifically indicate what the legal consequences are, such as "so far, the debts of both parties have been settled", "so far, the contract between the two parties has been terminated", etc.

2. Be accurate.

Eliminate the use of vague terms such as "probably", "estimated", "probably", "almost", "yes", "maybe", etc.; Be clear and unambiguous in your meaning. The author has encountered many people who write IOUs like this: "A borrows B 10,000 yuan", which is confusing from the literal analysis, whether A borrowed B's money or B borrowed A's money?

In fact, it is not difficult to write clearly, for example, you can write "A lends 10,000 yuan to B" or "A borrows 10,000 yuan from B" without ambiguity.

3. It is best to have two copies of the documents, and each party should hold one copy.

As a quick and convenient way to confirm, in general, the documents are handwritten, and the issuer is specific, that is, it is written and signed by the debtor, borrower, and recipient, but in reality, there are also cases where the creditor, lender, and giver write and then sign by the debtor, borrower, and recipient. In this case, if the debtor, borrower, and receiver do not have the same slip in their hands, and the writer has manipulated the only remaining slip, such as adding the amount of the loan, how can the signatory defend it? On the other hand, if there are two identical (duplicate) documents, it will not only be futile but also emotionally hurtful.

4. The identity of the subject should be confirmed.

If it is a company, check whether the company has been cancelled, whether the company name is accurate (the company name is one word worse than another company, such as "Beijing Zhicheng Technology Company" and "Beijing Zhicheng Technology Company" are two different companies), whether the natural person is an adult (judge whether it has full civil capacity), and whether the name of the natural person is consistent with the ID card (special note: homophones will also leave trouble). In addition, the basic identity information of the subject should also be retained, such as the age, address, and work unit of the natural person.

Legal analysis: pay attention to the following matters when writing IOUs, IOUs, and receipts: when borrowing, it is advisable to write "IOUs", and it is not appropriate to write "IOUs" and "receipts"; First, it is best to have it written by the borrower himself, but it is required to follow the manner and content agreed by the lender; Specify the borrower:

Borrower: name, ID number, etc., the borrower's name should be standardized, do not use nicknames and nicknames;

Legal basis: Civil Code of the People's Republic of China

Article 470:The content of the contract is agreed upon by the parties and generally includes the following clauses:

1) The names and addresses of the parties;

b) the subject matter; iii) quantity;

iv) Quality; 5) Price or remuneration;

6) the period, place and method of performance;

7) Liability for breach of contract;

8) Methods of Dispute Resolution.

The parties may conclude a contract with reference to the model texts of various types of contracts.

Article 471:When a party concludes a contract, it may take the form of an offer, acceptance or other means.

Legal Analysis: Points to be Paid Attention to when Writing IOUs, Receipts and IOUs When Borrowing Money:

1.When borrowing, it is advisable to write "IOU", not "IOU";

2.The interest rate agreed upon by both parties at the time of borrowing should be clearly written into the IOU;

3.When borrowing, it is advisable to write the repayment period into the IOU;

4.When borrowing, the IOU should clearly state the full name of the lender and the borrower;

5.When borrowing, the IOU should be clearly and unambiguously stated.

Legal basis: Civil Code of the People's Republic of China

Article 167 A loan contract is a contract in which the borrower borrows money from the lender and returns the loan and pays interest when due.

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, as required by the lender, provide the true information about the business activities and financial status related to the loan.

Article 670 The interest on the loan shall not be deducted from the principal in advance. If the interest is deducted from the principal in advance, the loan shall be returned according to the actual amount borrowed and the interest shall be calculated.

The format is not fixed, mainly the name and date of the payment, and pay attention to whether there is any ambiguity in the content expression.

For example, the first IOU owes 6,000 yuan, and the second one writes: I still owe 2,000 yuan. One party believes that it has already repaid the arrears of 2,000 and has 4,000 left; The other party believes that he still owes (hai) 2,000 unpaid.

Pay attention to the following matters when writing IOUs, IOUs, and receipts:

When borrowing, it is advisable to write "IOU", not "IOU" and "receipt".

First, it is best to have it written by the borrower himself, but it is required to follow the manner and content agreed by the lender;

Specify the borrower: borrower: name, ID number, etc., the borrower's name should be standardized, do not use nicknames, nicknames, etc.

The lender's information is the same as the borrower's.

Finally, the borrower signs, fingerprints, and writes the date of issuance.

How should IOUs, IOUs, and receipts be written in order to be recognized by the court? Now we will provide you with the templates of these documents and vouchers commonly used in private lending at one time. Be sure to understand the different meanings of IOUs, IOUs, and receipts, and don't write IOUs as IOUs, and don't write IOUs as receipts.

How should borrowed notes, IOUs and receipts be written in order to be recognized by the court? Now we will provide you with a one-time template of these documents and vouchers commonly used in private lending. The judgment must understand the different meanings of IOUs, IOUs and receipts, and do not write IOUs as IOUs, nor do you write IOUs as receipts.