Does this IOU have legal effect?

1. There is no problem with the IOU itself, and it has legal effect;

2. The issue is the issue of the statute of limitations. The general statute of limitations for civil cases is two years.

It has been nearly 5 years since the IOU was issued. If there is no claim among creditors, or if the debtor has not promised to repay the debt, the statute of limitations has long since expired.

4. In the case that the limitation period has expired, if the creditor sues the court, the court will not protect the creditor's rights unless the debtor admits the fact of arrears;

5. If the creditor can prove that he has requested the debtor to repay the loan in the middle of 5 years, or can prove that the debtor has promised to repay the loan in the past 5 years, the statute of limitations shall be interrupted and two years shall be recalculated from the date of claiming the right or promising to repay. If the last time you claim your rights or promise to repay the loan has not exceeded two years, you can also file a lawsuit in court to protect your rights and interests.

6. In addition, it can also be seen whether there is a suspension or extension of the statute of limitations.

Hello. The loan has been borrowed for 4 years, because there is no specified repayment date, this IOU is valid for 20 years, if the repayment date is written, and then it is not repaid when due, you must recover it within two years. Now in this case, it is better to negotiate repayment, of course, you can go through the legal process, but it is not worth it.

In addition, the interest you are given is 22% per annum, which is more than four times the state regulation (4 times in 09 is about 20%), and the excess (about 3000) is not protected by law. But the rest (about 25,000) is legal gains.

Therefore, talk to the borrower, talk about all aspects of the interest, and negotiate a settlement. However, the interest rate is quite high, if the borrower has the money to repay and has a high reputation, it is not bad to let him owe interest if he wants to negotiate with him. If you have a bad reputation, then hurry up and ask for debts, and the more you go to the back, the more you can't afford to pay it back.

Effective, because there is no agreed repayment time, repayment can be claimed from the borrower at any time.

Legal analysis: IOUs between individuals have legal effect as long as the content is not illegal. The basic contents of an IOU include:

The name of the creditor, the amount of the loan, the calculation of interest, the time of repayment, the penalty for breach of contract, the method of dispute settlement, as well as the name of the debtor, the date of the loan, and other elements. As long as the name of the creditor, the amount of the loan, the name of the debtor and the date of the loan are met, but the main elements of the IOU are met, it has legal effect.

Legal basis: Article 668 of the Civil Code of the People's Republic of China The loan contract shall be in written form, unless otherwise agreed upon in the loan between natural persons. The content of the loan contract generally includes the type of loan, currency, purpose, amount, interest rate, term and repayment method.

Legal analysis: IOUs that meet the following conditions have the legal effect of Zheng Cover:

1.Both parties to the IOU have full capacity for civil conduct.

2.The conclusion of the IOU is voluntary between the two parties and does not involve fraud, coercion, etc.

3.The interest agreement is in accordance with the law.

4.The content and form of the IOU comply with the law and do not infringe on the interests of third parties or the public interest.

Legal basis: Article 667 of the Civil Code states that a loan contract is a contract in which the borrower borrows money from the lender and returns the loan at maturity and pays the interest on the down payment.

Legal analysis: When writing an IOU, the word IOU should be written at the beginning, and then it should be written clearly in a capitalized way. The date of borrowing the IOU must be stated, and the date of repayment must also be stated, so that the specific date of your IOU can be proven.

Legal basis: Article 667 of the Civil 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 and pays interest when due. Lead grip.

The guarantor confirms that I agree to bear joint and several liability guarantee to the lender for the above debts of the borrower, and the guarantee period is from the date of issuance of the IOU to two years after the expiration of the loan repayment period, and the scope of the guarantee covers all the principal and interest of the loan, liquidated damages, compensation, and the costs of the lender to realize the creditor's rights (litigation fees, lawyer fees, travel expenses, notary fees and other actual expenses). The validity of this confirmation clause is not dependent on the IOU, and the invalidity of the IOU does not affect the legal effect of this confirmation clause.

Note: 1. This IOU is also a legal certificate for the borrower to receive the loan;

2. The copies of the ID cards of the borrower and the guarantor are attached to this IOU, which has the same legal effect as the lease of this IOU.

Borrower: Identification Number:

Guarantor: Identification Number:

Legal Analysis: As long as there is a genuine lending relationship between the two parties, the IOU is legally valid. The content of the IOU needs to clearly state the borrower, the time of borrowing, the amount of borrowing, the payment delivery, and the guarantee.

The borrower needs to write down his name and ID number clearly, and the date of the loan should be accurate to the date, and the repayment date can be agreed in the IOU. In addition, the amount of the loan should be written clearly in both upper and lower case at the same time, and the currency should be clearly written, and the delivery of the money should be made by bank transfer as far as possible, and the other party should specify the date of receipt and transfer in the IOU.

Legal basis: 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 679:A loan contract between natural persons shall be established when the lender provides the loan.