Can you win a lawsuit with an IOU, and can you win a lawsuit with an IOU

China's current Civil Procedure Law stipulates eight types of evidence, including party statements, documentary evidence, physical evidence, audio-visual materials, electronic data, witness testimony, appraisal opinions, and inquest records. An IOU is one of the documentary evidence. Article 197 of China's Contract Law stipulates:

A private loan contract between citizens is a non-formal contract, and the parties may take written form, oral form or other forms." In a loan dispute case, the plaintiff, as a creditor, exercising the right to claim creditor's rights, should first assert that its claim has been established and has expired, and for this reason, it should provide the court with evidence that its rights have occurred and the legal facts that have expired have been established. According to Articles 4 and 5 of the Several Opinions of the Supreme People's Court on the Trial of Loan Cases by the People's Courts, the requirements for proof in loan cases are relatively high, and the plaintiff's claim can only be supported if the loan relationship is clear.

If there is only an IOU, the probative force is weak, and the claim may not be recognized by the court. The above is my answer to this question, I hope it helps you, thanks. Legal basis:

Article 63, Article 63 of the Civil Procedure Law of the People's Republic of China: Evidence includes: (1) the statements of the parties; (2) documentary evidence; (3) Physical evidence; (iv) Audio-visual materials; (v) Electronic data; (vi) Witness testimony; (7) Appraisal opinions; (8) Inquest records. Evidence must be verified to be true before it can be used as a basis for determining facts.

An IOU is a note written to a person or a public person when he or she borrows cash or goods from a person or a public person, and is the most powerful evidence for prosecution. But isn't it true that if you have an IOU, you will win the lawsuit? The answer is no, the reason why the IOU is a strong evidence is mainly because it can intuitively and effectively prove the fact that the other party has indeed borrowed money and has not repaid it, but if the IOU is not written in a standardized manner, so that the other party has time to drill and loses its probative power, it may not be able to win the lawsuit.

To make an IOU probative, there are a few things to keep in mind during the writing process:

a) Paper quality.

Generally, the money borrowed will be returned after a period of time, and if something goes wrong in the middle, it will lead to the destruction of the IOU and the loss of evidence. Therefore, do not take a random piece of paper to write an IOU, preferably complete and of good quality.

2) How to write the amount of borrowing.

The first is the determination of the amount, the amount of money borrowed can not be arbitrary, how much to borrow is written, it is best to use capitalization, and the capitalization should be consistent. There have been disputes over inconsistencies in the amount of loans.

3) The purpose of borrowing money.

In real life, many people only write about the amount they borrowed when they write an IOU, but rarely write about the purpose of borrowing money. It is explained here that the money lent cannot be used for illegal activities, and if the other party borrows money knowing that the other party is borrowing money for illegal activities, such claims are not protected by law.

iv) Interest Rates. Unlike interest, the x% interest rate is an annual interest rate, and the x interest rate is a monthly interest, and the agreed interest rate is protected by law within 4 times of the bank's loan interest rate for the same period, and the law does not protect more than part of it. It is best to agree on a specific interest rate and specify the specific amount in the IOU.

5) Time to repay the money.

The agreement on the time of repayment is related to the statute of limitations, otherwise the claim will not be realized after the statute of limitations, so it is best to agree on the time of repayment and record it in the IOU.

3. What is the process of debt recovery?

1. First of all, make sure that your claim has not passed the statute of limitations: look at when the loan happened and when the repayment date is. The law stipulates that it is two years from the date of maturity of the loan, and if you do not sue and do not collect the payment within these two years, the statute of limitations has expired, and the lawsuit will not be supported by the court;

3. Write a complaint: If there is a format on the Internet, it is generally to state the plaintiff, the defendant, the claim, the facts and reasons;

4. If there are conditions, you can first investigate the property status of the other party, find valuable property, and you can preserve it before litigation, so that it will be guaranteed;

5. Submit the pleadings and evidence to the competent court, which is generally the court where the defendant is located;

6. After the court accepts and files the case, you first pay the case acceptance fee in advance and wait for the trial;

7. If the court decides that you win the case and neither of you appeals, the judgment will take effect;

8. If the other party does not repay the loan within the time limit determined in the judgment, you can apply to the court for enforcement within 1 year.

The IOU must be complete (including the name of the borrower and the lender, ID number, actual loan amount, etc.), clearly stated (including the date of borrowing, repayment date, repayment method, etc.), and the actual lending behavior has occurred.

If you have a valid IOU in hand, you will definitely win the lawsuit, there is no doubt about it. 1. IOUs are evidence, and the court is the place to talk about evidence. 2. Have a valid IOU on hand, which is your legitimate rights and interests, and the law protects your legitimate rights and interests.

3. Even if you can't get the money, there are advantages to fighting a lawsuit, you can interrupt the statute of limitations, add an IOU to the court judgment, and you will never lose the law.

Only an IOU lawsuit, not necessarily won. An IOU is a note written to a person or a public person when he or she borrows cash or goods from the other party, and is the strongest evidence for prosecution. But isn't it true that if you have an IOU, you will win the lawsuit?

The reason why an IOU is a strong piece of evidence is mainly because it can intuitively and effectively prove the fact that the other party has indeed borrowed money and has not repaid it, but if the IOU is not written in a standardized manner, so that the other party has time to drill and loses its probative power, it may not be able to win the lawsuit. It is forbidden to lend at usurious interest rates, and the interest rate of the loan must not violate the relevant state regulations. If there is no agreement on the payment of interest in the loan contract, it shall be deemed to have no interest.

Civil Code of the People's Republic of China

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 671.

Where the lender fails to provide the loan on the agreed date and amount, causing losses to the borrower, it shall compensate for the losses. If the borrower fails to collect the loan on the agreed date and amount, it shall pay interest on the agreed date and amount.

If the evidence is sufficient, the lawsuit can be won; If the evidence is insufficient, it is generally not possible to win pure bird's knowledge. Therefore, the parties should try their best to collect other relevant evidence to prove the creditor's rights and debts relationship between the parties and use it to support their own litigation claims.

Legal basis:

Article 2 of the Provisions on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases When a lender initiates a private lending lawsuit with a 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 the legal relationship between the lenders. Where the IOUs, receipts, IOUs, and other credit book certificates held by the parties do not indicate that the creditor has cancelled them, and the party holding the credit certificates files 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.

1. Not necessarily.

2. The IOU is not an IOU, and the fact of arrears that can be proved is not the fact of borrowing, therefore, if it is a debt dispute caused by the withering of the loan, when the creditor sues for debt collection, in addition to the IOU, it is best to collect other evidence that can prove the fact of the loan, such as the re-signed repayment agreement, the recording data of the other party admitting to borrowing money, etc., so as to increase the probability of winning the lawsuit.

1. The difference and function of IOUs and IOUs.

IOUs and IOUs are both certificates of creditor's rights, and their legal effect is not high or low, but the meaning of what they represent in law is actually different, and the writing specifications are also different.

The IOU proves the borrowing relationship, and the reason for the formation of the IOU is a specific borrowing fact; IOUs prove the relationship of arrears, and there are many reasons for the formation of IOUs, which can be based on a variety of facts, such as arrears arising from sales, leases, labor services, enterprise contracting, damages, etc. A loan is certainly an arrears, but an arrears is not necessarily a loan.

The statute of limitations for IOUs is three years, but the maximum statute of limitations for IOUs can be up to 20 years.

Second, if someone owes me money for the goods and there is no IOU, how should I collect evidence.

Someone else owes money for the goods, there is no IOU, and the delivery note signed by the other party can also be used as evidence. In the absence of delivery notes, the evidence of supply records alone is insufficient.

The following information can be provided as evidence: such as loan agreement, bank transfer records, ** recordings, witness testimony, etc., which can prove the fact of arrears and the amount of arrears.

3. How to solve the arrears and the IOUs.

If the money owed is not yet in the form of an IOU, the creditor may collect other evidence that can prove the fact of the arrears to sue for debt recovery.

Article 538 of the Civil Code of the People's Republic of China Where the debtor disposes of property rights and interests free of charge by waiving its creditor's rights, waiving the guarantee of creditor's rights, transferring property free of charge, etc., or maliciously extending the time limit for the performance of its due creditor's rights, affecting the realization of the creditor's creditor's rights, the creditor may request the people's court to revoke the debtor's acts.