What kind of IOUs are legally valid?

1. Write down the full legal name, ID number and address of the borrower and the lender;

2. Write down the loan amount and payment method clearly;

3. Write down the time limit of the loan, including the start and end date of the loan and the clear term of the loan;

4. Write down the specific year, month and date of repayment;

5. Write clearly the interest rate of the loan, and there should be a clear agreement on the annual interest rate or monthly interest rate and overdue interest;

6. Write down the date, time and payment method of repayment of the principal and interest of the loan;

7. There is a signature, handprint or handwritten signature of the borrower.

1.If it is a mortgage or pledge guarantee that requires registration, it must be registered with the relevant department, otherwise the mortgage or pledge will not take effect, and if the guarantor is not the borrower, the identity of the other party must be verified and a copy of the ID card must be retained.

2.IOU interest is legitimate.

3.In private lending disputes, the plaintiff is not only required to provide an IOU, but also other evidence to support the fact that the borrower has paid the loan, and all kinds of vouchers, transfer records, chat records, and voice calls related to the creditor's right should be retained.

Legal basis: Article 210 of the Contract Law of the People's Republic of China.

Effective time of the loan contract between natural persons] The loan contract between natural persons shall take effect when the lender provides the loan.

Article 211 of the Contract Law of the People's Republic of China.

Interest rate of the loan contract between natural persons] If the loan contract between natural persons does not stipulate the payment of interest or the agreement is not clear, it is deemed that no interest is paid. Where the loan contract between natural persons stipulates the payment of interest, the interest rate of the loan shall not violate the provisions of the state on restricting the interest rate on borrowing.

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, and if the repayment date is not agreed, the borrower can claim the return at any time. 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 date of receipt and transfer of the other party should be specified in the IOU.

As long as the reason and amount of arrears are clearly written, the signature of the debtor has legal effect. Legal basis: Article 44 of the Contract Law stipulates that a contract established in accordance with the law shall take effect upon its establishment. Where laws and administrative regulations provide that formalities such as approval or registration shall be handled to take effect, follow those provisions.

There is the amount borrowed, the time of borrowing, the time of repayment, the signature (or fingerprint) of the borrower, and the date of issuance of the IOU, etc.

Legal Analysis: IOUs have a legal balance effect. Under normal circumstances, the IOU must be signed and fingerprinted, because the law stipulates that if the parties conclude a contract in the form of a contract, they shall sign or affix a seal, and if the party Gao Xian puts his fingerprint on the contract, the people's court shall determine that it has the same legal effect as the signature or seal.

Legal basis: Article 679 of the Civil Code of the People's Republic of China A loan contract between natural persons shall be established when the lender provides the loan.

Article 680 of the Civil Code of the People's Republic of China prohibits usurious lending, and the interest rate of the loan shall not violate the relevant provisions of the State. If there is no agreement on the payment of interest in the loan contract, it shall be deemed to have no interest. If the loan contract is not clear about the payment of interest, and the parties cannot reach a supplementary agreement, the interest shall be determined in accordance with factors such as the local area or the parties' transaction methods, trading habits, and market interest rates; Where natural persons borrow money from each other, it shall be deemed to have no interest.

Unless otherwise agreed between natural persons, IOUs shall be in writing. The content of the IOU should generally include the type of loan, currency, purpose, amount, interest rate, term and repayment method. The content is clear and specific, and there is no ambiguity.

Legal basis: Article 668 of the Civil Code of the People's Republic of China The loan contract shall be in written form, unless there is another agreement between natural persons on the loan.

The content of the loan contract generally includes the type of loan, currency, purpose, amount, interest rate, term and repayment method.

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Legal analysis: IOUs and IOUs are legally effective as follows: According to Article 143 of the Civil Code, IOUs have legal effect if they meet the following conditions:

1) The perpetrator has the corresponding capacity for civil conduct; (2) The expression of intent is true; (3) It does not violate the mandatory provisions of laws and administrative regulations, does not violate the provisions of article 144 of public order and good customs, and the civil juristic acts carried out by persons without capacity for civil conduct are invalid, and the civil juristic acts that violate the mandatory provisions of laws and administrative regulations are invalid, except where the mandatory provisions do not cause the civil juristic acts to be invalid, and the civil juristic acts that violate public order and good customs are invalid.

IOUs What kind of IOU laws come into force.

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Big Red Oak Withered Flowers] Legal analysis: IOUs IOUs are legally effective as follows: According to Article 143 of the Civil Code, IOUs have legal effect if they meet the following conditions:

1) The perpetrator has the corresponding capacity for civil conduct; (2) The expression of intent is true; (3) It does not violate the mandatory provisions of laws and administrative regulations, does not violate the provisions of article 144 of public order and good customs, and the civil juristic acts carried out by persons without capacity for civil conduct are invalid, and the civil juristic acts that violate the mandatory provisions of laws and administrative regulations are invalid, except where the mandatory provisions do not lead to the invalidity of the civil juristic acts that violate public order and good customs.

Legal basis: Article 143 of the Civil Law of the People's Republic of China stipulates that civil juristic acts that meet the following conditions are valid: the actor has the corresponding capacity for civil conduct; The meaning means that it is true; It does not violate the mandatory provisions of the law and administrative regulations, and does not violate public order and good customs.

Article 668 stipulates that 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.

I transferred an express point in the village, 200,000 yuan, and Shentong asked for 60,000 yuan a year, and I asked him to solve it, but he didn't solve it for me.

You can collect evidence to sue the other party.

I gave them 100,000 yuan first, and after signing the contract with him, I gave them an IOU of 100,000 yuan.

Is the IOU still there?

In his place, there are a total of four couriers, one of which he has not yet done for me, and the Shentong rectification allows a courier point to give 30,000.

I asked him to solve it for me, and he didn't solve it for me. Let the post pass of the work number. There is also Shentong Polar Rabbit, and I solved it at my own expense.

Originally, it was expensive for me to transfer his courier, and the county courier boss asked for money again.

You can sue the other party to defend your rights.

Is the IOU still there?

An IOU is a written loan agreement that serves as proof that the borrower pays the debt to the lender. Legally, for an IOU to be valid, there are a number of principles that must be followed.

First of all, the IOU should be signed by the beneficiary or his ** person. This means that the lender should be able to bear the legal responsibility and agree to it. If this is not the case, there is no guarantee that the lender actually wants to lend the money.

Second, the IOU should contain clear provisions on the amount, interest rate, repayment date, repayment method, and handling of overdue circumstances. In this way, disputes can be avoided due to different understandings between the two parties.

In addition, in order for an IOU to be valid in law, it must be supervised by the relevant department or a specialized agency and go through the formalities in accordance with the law. For example, in Chinese mainland, in order for private loans between enterprises to be effective, the administrative department for industry and commerce or the financial regulatory department needs to carry out the corresponding filing procedures.

In short, for a written "IOU" to be legally valid, the rules must be followed: the signatory must be a beneficiary or a **person; The list should include the amount, interest rate, repayment date, repayment method, and handling of overdue circumstances; If there is a need to imitate, a specific department or specialized agency shall go through the formalities in accordance with the law.

The following conditions shall be met for the validity of an IOU:

1. The parties to the IOU have the capacity to enter into the IOU.

2. The expression of intent of the two parties to enter into the IOU is genuine, and there is no fraud, coercion, etc.

3. The content of the IOU does not violate public order, good customs, and laws and regulations.

4. The interest stipulated in the IOU cannot exceed four times the interest rate of the one-year loan market at the time of the conclusion of the IOU.

Article 143 of the Civil Code provides that civil juristic acts that meet the following conditions are valid:

1) The person who has violated the conduct has the corresponding capacity for civil conduct;

2) The meaning of the base call indicates that the quarrel is true;

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

Hello, the IOU lead celery has the following conditions to have legal effect: (1) the actor has the corresponding civil capacity; (2) The expression of intent is true; (3) It does not violate the mandatory provisions of laws and administrative regulations, does not violate the provisions of article 144 of public order and good customs, and does not have such a congratulatory effect for civil juristic acts carried out by persons without capacity for civil conduct, and the provisions of Article 100 of the Sen School 53 stipulate that civil juristic acts that violate the mandatory provisions of laws and administrative regulations are invalid, except where the mandatory provisions do not cause the civil juristic acts to be invalid, and civil juristic acts that violate public order and good customs are invalid.

An IOU is legally valid if:

1. The issuance of the IOU is an expression of the true intention of both parties;

2. The subject of signing the IOU is eligible;

3. The content of the IOU should be legal, not violating good customs, and not violating the mandatory provisions of laws and administrative regulations.

If the IOU exceeds the validity period of 3 years, it can still be sued, but the obligor can raise a defense of non-performance. The nature of IOUs and IOUs is different, and the reasons for their formation are different, IOUs are mainly generated by borrowing and lending, while arrears may be due to sales, leases, interest, etc. If there is no agreed repayment date, then the creditor can claim it at any time, and the limitation period shall run from the time when the debtor refuses to repay, and the maximum limitation period shall not exceed three years, and if the repayment period is agreed, the limitation period shall start from the expiration of the repayment period.

If there is no agreed repayment period in the IOU, the statute of limitations shall be calculated from the date on which the arrears are formed, and if the repayment period is agreed, it shall be calculated from the expiration of the repayment period. In other words, the statute of limitations is the same for IOUs and IOUs that have agreed on the repayment period, and there is a difference between IOUs and IOUs without an agreed repayment period.

The IOU shall contain the information of both parties, the reason for the unpaid funds or goods, the details of the subject matter of the unpaid (such as the amount of funds, the name of the goods, the quantity of the goods, the information with specific directions or identifications, etc.), the method of return, the time of return, etc., and shall be signed or sealed by the issuer of the IOU. If there is a certifier or guarantor, the information of the certifier or guarantor should also be indicated and signed accordingly. The IOU should be written on a complete piece of paper, with clear handwriting and clear content.

Generally, the holder of the IOU only needs to briefly state the facts of the loan to the judge; The holder of the IOU must state to the judge the fact that the IOU was formed, and if the other party denies it, the holder of the IOU must provide further evidence to prove the fact that the IOU was formed.

Legal basis

Civil Code of the People's Republic of China

Article 143:Civil juristic acts that meet the following requirements are valid:

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

(2) The expression of intent is true;

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

The essence of an IOU is actually a legal relationship, but not all legal relationships are legally valid and protected by the law

1. The issuance of the IOU is an expression of the true intention of both parties; If an IOU is made under the coercion of one party on the part of the other party, or when there is a material misunderstanding, a show of fairness, etc., and it is not an expression of the true intention of one party, then such an IOU is defective in its validity.

2. The subject of signing the IOU is eligible; An IOU is a civil legal act that needs to be carried out by a person with full capacity for civil conduct.

3. The content of the IOU should be legal, not violating the customs of good deeds, and not violating the mandatory provisions of laws and administrative regulations. Legal debts will be protected by the law, and for illegal debts, they are invalid from the beginning and are not protected by law, such as gambling funds, or debts obtained through improper means, such debts are invalid.

To sum up, an IOU is only valid if the above conditions are met.

It is advisable to have two copies of the documents, one for each party. As a quick and convenient way to confirm, in general, the documents are handwritten, and the issuer is specific, that is, written and sealed by the debtor, borrower, and recipient, but in reality, there are many cases where the creditor, lender, and giver write and then signed 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.

Legal basisArticle 143 of the Civil Code of the People's Republic of China: Civil juristic acts that meet the following conditions are valid:

1) The perpetrator has the corresponding capacity for civil conduct; (2) The expression of intent is true; 3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.