How to get the debtor to make an IOU, how to make an IOU for personal arrears

The general requirement for the debtor to make an IOU is that the form is standardized and the content is legal.

1. The concept of IOUs. An IOU is a voucher written by an individual or unit to a relevant unit or individual when it owes money or goods. IOUs are also known today as "white slips".

IOUs are also common in daily life to prove that one party owes the other party property, a kind of voucher application style.

2. The format and content of the IOU. It is generally composed of three parts: title, body and paragraph.

a) 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 title, but the body of the title is written in the top box of the next line.

b) 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.

3. IOU format.

Ious. The amount owed is RMB, which is scheduled to be repaid on XX-XX-DD. If the repayment period is not exceeded, the penalty will be applied daily.

It is hereby used as evidence. Debtors:

Address: Telephone:

YYYYYYYYYYYYYYYYY

1. The identity information of both parties in arrears, including the name, ID number, and home address of the debtor and the debtor;

2. The purpose of the arrears requires the debtor to state the purpose of the arrears;

3. The term of arrears, and clarify the time of occurrence and repayment of arrears;

4. The statute of limitations is three years, and if the debtor fails to return it after the expiration of the agreed repayment date, then the debtor can sue.

Article 2 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases provides that 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 a legal relationship between loans and 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.

Summary. Hello, the template of the personal arrears IOU is as follows: I borrowed RMB yuan today, lowercase yuan.

The term of the loan is from XX-XX-XX to XX-XX-DD, and the interest rate is monthly, and all principal and interest will be repaid in a lump sum on XX-XX-DD. Liability for breach of contract: If the borrower fails to repay the loan within the time limit, the borrower shall pay liquidated damages equal to 1% of the total amount of the loan, and if it is necessary to sue the court for settlement, the borrower shall bear all additional costs, including attorney fees.

Borrower: ID Number: Guarantor:

Identification Number: Date: YYYYYYYYYYYYYYYYYYYYYYYYYY

Hello, the personal arrears and check the IOU template is as follows: I borrowed RMB today, lowercase yuan. The term of the loan is from XX-XX-XX to XX-XX-DD, and the interest rate is monthly, and all principal and interest will be repaid in a lump sum on XX-XX-DD.

Responsibilities of the borrower for breach of contract: If the borrower fails to repay the loan within the time limit, the borrower shall pay liquidated damages of 1% of the total amount of the loan, and if it is necessary to sue the court for settlement, the borrower shall bear all additional costs, including attorney fees. Borrower:

ID Number: Guarantor: ID Number:

Date: YYYYYYYYYYYYYYYYYYYYY

Legal basis: Article 25 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases provides that if the lender requests the borrower to pay interest at the interest rate agreed in the contract, the people's court shall support it, except where the interest rate agreed upon by both parties exceeds four times the interest rate of the one-year loan market at the time of the contract. Article 28: If the borrower and the borrower have an agreement on the overdue interest rate, the agreement shall prevail, but it shall not exceed four times the interest rate of the one-year loan market at the time of the conclusion of the contract.

If the other party can't make an IOU, you can keep other evidence.

The general evidence is mainly to:

1. Bank remittance voucher. If the loan is a bank transfer, the most favorable evidence is the bank remittance voucher;

2. SMS. You can use text messages to get the other party to admit the fact of borrowing money. Then save the other party's reply text message, and this is the evidence.

3. Audio and video recording. Many parties admit to borrowing money. During the dunning period, call the other party many times and record the content of the call, and then burn the disc for saving.

4. Witness testimony. Verify the amount of money borrowed. Look for when borrowing money, whether anyone has seen it, provide witnesses and testimony.

Legal basis: General Principles of the Civil Law of the People's Republic of China

Article 108:[Repayment of Debts]Debts shall be repaid. If the debtor is temporarily unable to repay, the debtor may repay the debt in installments with the consent of the creditor or the ruling of the people's court. and where they have the ability to repay and refuse to repay, the people's court is to make a judgment to compel repayment.

On the IOU, you only need to write down the amount of borrowing, the time of repayment, the place of borrowing, the borrower and other things related to borrowing and repayment, and of course, don't forget to write your name.

In addition, if you are not too troublesome, the amount of borrowing is large, and the borrowing time is long, you can also go for a notarization.

An IOU is generally composed of three parts: the title, the text, and the payment.

1) The title of the title IOU is generally composed of the name of the text, that is, the word "IOU" is written in a larger font in the middle of the upper middle of the text.

There are also the words "Temporarily Owed" or "Owed" written in this position as the title, but the body of the title is written in the top box of the next line.

2) The body of the IOU should clearly state what person or unit, what is there, and how much it is owed, and the date of repayment should be indicated.

3) The name of the debtor's unit and the handwritten signature of the person handling the payment shall be signed on the settlement of the payment, and the name of the individual shall 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.

Article 143 of the Civil Code of the People's Republic of China provides that civil juristic acts that meet the following conditions are valid:

1) The perpetrator has the corresponding capacity for civil conduct;

2) The meaning is genuine;

3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

The most effective way to write an IOU is to specify the basic information of the parties, the amount of arrears, the date of return, and the guarantor. The statute of limitations for an IOU is three years, starting from the time the parties know or should know that their rights have been harmed and that the obligor has been committed.

OneLet the person who owes the money how to make the IOU is effective

It is only valid for the person in arrears to make the following IOUs:

1.Identification of creditors and debtors; When a natural person is the main body, the name on the ID card should be checked, and if conditions permit, the resident ID number should be copied on the IOU; When the legal entity is the main body, the official seal of the unit shall be affixed;

2.The unit of the amount should be clear, the amount should be in Chinese uppercase font, and the ratio should be clear in percentage, thousandth, and 10,000;

3.Be clear and take care to avoid ambiguity. Be clear about the return date. If there is an interest agreement, it should be stated in accordance with the law, and if there is no interest agreement, if there is a default, it should also be written. If the guarantor is in default, the guarantor should also be specified;

Phend 4It is better to indicate the guarantor one way.

IIThe maximum interest on an IOU cannot be exceeded

The interest on the IOU shall not exceed four times the one-year loan market rate** at the time of the conclusion of the contract. Please be reminded that according to the relevant legal provisions, a loan contract is a contract in which the borrower borrows money from the lender, returns the loan at maturity and pays interest. In addition, the two parties can agree on the interest on their own, but if the agreed interest rate exceeds four times the one-year loan market interest rate at the time of the conclusion of the contract, the excess part shall be invalid.

IIIIs there a statute of limitations for IOUs

IOUs have a statute of limitations, and the statute of limitations is three years, calculated from the date on which the right holder knows or should know that its rights have been damaged and the obligor, but if the rights have been damaged for more than 20 years, the people's court will no longer protect them, and if there are special circumstances, they may apply for an extension.

Article 118 of the Civil Code provides that civil entities enjoy creditor's rights in accordance with law.

Article 188:[Ordinary Statute of Limitations, Longest Period for Protection of Rights]The statute of limitations period for requesting protection of civil rights from the people's courts is three years. Where there are other provisions of the law, 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.