Is there a big difference between an IOU and a receipt ?

IOUs, receipts, and IOUs seem to be the same, but the probative power is different. In the borrowing relationship, it is necessary to use IOUs instead of receipts and IOUs.

A receipt is a kind of voucher written to another person or unit when receiving money or goods from another person or unit. The official receipt is also called the receipt, and the official issuance of the relevant administrative, institutional, enterprise and other units and departments is called the receipt.

Receipts can be issued regardless of whether you receive money or items. A receipt can be used to confirm the fulfillment of a contractual obligation to deliver money or goods.

An IOU refers to a creditor's right certificate issued by the debtor to the creditor when the borrower and the lender perform their rights and obligations in accordance with the oral loan agreement.

An IOU is also known as an IOU. Pay attention to writing IOUs: when borrowing, it is advisable to write "IOUs", not "IOUs"; The interest rate agreed upon by both parties at the time of borrowing should be clearly written into the IOU;

When borrowing, it is advisable to write the repayment period into the IOU; When borrowing, the IOU should clearly state the full name of the lender and the borrower; When borrowing, the IOU should be clearly and unambiguously stated.

Legal basis] Article 674 of the Civil Code of the People's Republic of China stipulates that the borrower shall pay interest within the agreed time limit.

Where there is no agreement on the time limit for the payment of interest, or the agreement is not clear, and it is still uncertain in accordance with the provisions of Article 510 of this Law, and the loan period is less than one year, it shall be paid at the same time when the loan is returned;

If the loan period is more than one year, it shall be paid at the end of each year, and if the remaining period is less than one year, it shall be paid together with the return of the loan.

Legal Analysis: The Difference Between a Receipt and an IOU:

1. The applicable objects are different. The applicable objects of receipts include things, property, and scattered interests of property, while IOUs generally only refer to arrears;

2. The embodiment form is different. The receipt is generally embodied in the application text, while the IOU has no special form;

3. Other differences between receipts and Liangxin IOUs.

Legal basis: Article 667 of the Code of the People's Republic of China A loan contract is a contract in which the borrower borrows money from the lender and returns the loan at maturity and pays interest.

Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases》 Article 15: Where a plaintiff initiates a private lending lawsuit solely on the basis of proof of creditor's rights such as IOUs, receipts, and IOUs, and the defendant argues that the loan has already been repaid, the defendant shall provide evidence to prove his claim. After the defendant provides relevant evidence to prove its claim, the plaintiff should still bear the burden of proof for the existence of the loan relationship.

Where the defendant argues that the lending has not actually occurred and can make a reasonable explanation, the people's court shall make a comprehensive judgment to verify whether the lending fact has occurred in consideration of facts and factors such as the amount of the loan, the payment of the money, the economic capacity of the parties, the local or inter-party transaction methods, trading habits, changes in the parties' assets, and witness testimony.

An IOU is a written document indicating the creditor's rights and debts, which is generally written and signed by the debtor, indicating that the debtor has owed the creditor the amount indicated in the IOU. An IOU is a voucher written by an individual or unit to a relevant unit or individual when it owes money or goods. A receipt is a kind of voucher application written to the other party when receiving money or goods from another person or unit.

A receipt is also called a receipt.

[Legal basis].According to Article 667 of the Civil Code, which came into effect on January 1, 2021, a loan contract is a contract in which the borrower borrows money from the lender and returns the loan at maturity and pays interest.

Article 668 of the Civil Code.

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.

Different uses. An IOU is used to confirm the legal facts of the loan and to prove that the two parties have a legal relationship with the loan. Receipt, which is used to prove the receipt of the debtor's repayment, payment, compensation, service fee, etc.

2.The burden of proof in litigation is different. When the holder of an IOU files a lawsuit with the court, it is easier to identify and determine the fact of the loan through the IOU.

The legal facts on which the receipt is based, such as the sale and purchase, the provision of services, the compensation of the other party, etc. ”

Hello, the receipt is the one you received from someone else's things or money, and the collar is the one you received the sign, which makes no sense. Let's focus on IOUs and IOUs. First, the reasons are different.

IOUs are primarily generated as a result of borrowing; IOUs arise for a variety of reasons, and any debt that can be paid in monetary terms can generate an IOU. Second, the nature is different. The IOU reflects the loan contract relationship between the parties, the IOU itself is the evidence of the loan contract, and behind each IOU is a loan contract; The IOU is a settlement result between the parties, reflecting the simple creditor-debtor relationship between the parties.

3. The statute of limitations is different. For IOUs and IOUs with a repayment period, the statute of limitations is two years from the date of the repayment period indicated therein. When the repayment period is not specified, there is a difference in the statute of limitations between the two:

For IOUs that do not indicate the repayment period, the lender may request repayment from the borrower at any time, and the statute of limitations shall be calculated from the time when the right holder asserts its rights, and the time limit shall be two years. If the right holder claims the right again, the statute of limitations shall be interrupted. However, if the lender does not assert its rights within 20 years of the borrower's issuance of the IOU, it loses the right to prevail; If the IOU does not indicate the repayment period, the lender can also request the return at any time, and the statute of limitations is 2 years from the date on which the right holder claims the right, and the provisions on the interruption of the statute of limitations are also applicable.

However, if the right is not asserted within two years from the date of issuance of the IOU, the right to prevail shall be forfeited. Fourth, the probative power is different. When adducing evidence, the holder of the IOU generally only needs to briefly state the facts of the loan to the judge; The holder of the IOU must state to the judge the facts of the formation of the IOU.

If the other party denies it, the holder of the IOU must provide further evidence to prove the fact that the IOU was formed, otherwise the court is likely not to support its claim.

2. You can take the receipt to ask for money, and if the other party is honest, you may pay according to the amount of money you said; If the other party is not creditworthy, it will be troublesome, he admits to receiving something, but he can say that he has paid. However, in a lawsuit, you can ask him to provide proof of payment.

3. The best way is to ask the other party to write an IOU and write clearly how much money is owed.