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The brand and model of the goods, quantity, ** and other important parameters should be indicated, and then the date of borrowing and returning, the calculation method of the fee, and finally how to compensate if the contract is breached. Also pay attention to verifying the borrower's identity information.
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It is recommended to find a lawyer to help you draft a perfect contract, because the content of each contract will be different, and the contract model only stipulates the most basic things in a contract, which is not perfect and cannot protect your rights and interests. If you need help drafting a contract, you can contact me in private.
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IOU is one of the most common contracts in our daily interactions, although it is simple, but not everyone can write. There are the following points about how to write an IOU for someone else's loan with my ID card:
1. The title must be written with the word "IOU", and must not be deliberately miswritten as "IOU" by others, pay special attention: although the money is in someone else's, the result is completely different in law;
Second, it must be written "I borrowed *** cash *** yuan today, and indicate that it is capitalized." Special attention: verify that the capitalization is consistent, if the capitalization amount is inconsistent, the uppercase amount will prevail in judicial practice;
3. Be sure to write the name of the lender and the ID number correctly, and be sure to write the name and ID number of the borrower to avoid correction.
4. If it is not certain when the borrower is required to return the loan, it is recommended that the lender do not write the date of return, so that the statute of limitations can be guaranteed for 20 years, and the statute of limitations will not be exceeded and cannot be recovered due to the forgetting of a moment of filial piety. Anyone who knows the law knows that there is not much difference between writing a return date and not writing a return date.
5. If interest is requested, it must be clearly stated that the law stipulates that if the interest is not expressly agreed, the interest claim at the time of return will not be supported;
6. The IOU is best to copy the front and back of the borrower's ID card on the A4 paper at the bottom right of the paper, and then write the IOU at the upper end.
Seventh, because he is borrowing money from you, and the initiative is in your hands, it is not a problem to improve the procedures before borrowing money.
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The debtor may use the IOU as evidence to directly file a lawsuit with the people's court. The act of borrowing in the name of an individual belongs to the category of personal debts, which are generally formed in the form of writing IOUs and receipts, but only IOUs and IOUs that meet the prescribed format can be used as legal documents for collecting the money owed to Shilu.
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 a legal relationship between the lenders.
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.
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The creditor may use the IOU as evidence to file a lawsuit directly with the people's court. The act of searching for bank loans in the name of an individual belongs to the category of personal debts, and personal debts are generally formed in the form of writing IOUs and receipts, but only IOUs and IOUs that conform to the prescribed format can be used as legal documents for collecting arrears.
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