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Sample IOUs for private loans.
How to write an IOU for an individual to borrow money from an individual.
Method steps.
1.Title. First of all, write the words "IOU" or "loan contract" in the middle of a piece of paper.
2.Write down the names and ID numbers of the borrower and lender.
Borrower: ID Number:
Lender: Identification Number:
3.Reason for borrowing.
You can write concisely and clearly about the purpose of the loan.
4.The amount borrowed.
Write down the uppercase and lowercase of the borrowed amount, as well as the currency.
Special note: verify that the capitalization is consistent, if the capitalization amount is inconsistent, the uppercase amount will prevail in judicial practice.
5.The term of the loan.
Specify the start and end dates of the loan and the way to resolve the overdue repayment. If it is not certain when the borrower will be required to return the loan, it is recommended that the lender do not write the date of return.
The validity can be guaranteed for 20xx years, and the time limit will not be exceeded due to a moment of forgetfulness and cannot be recovered.
Anyone who knows the law knows that there is not much difference between writing a return date and not writing a return date.
6.Interest on borrowings.
If interest is requested, be sure to state it.
The law stipulates that if there is no express agreement on the payment of interest, the interest shall not be required at the time of return.
Supported. 7.Signature and seal.
After the loan content is written, write the word "this evidence" at the end of the article or on another line.
Sign and date the borrower, lender in the lower right corner.
If there is a guarantor, the guarantor's signature and seal are also required.
8.Leave a copy of your ID card and fingerprints.
It is best to copy the front and back of the borrower's ID card on A4 paper at the bottom right of the paper, and then write the IOU on the upper end. In addition, note: after signing, it is best to ask him or (her) to make a fingerprint with the thumb of his right hand (the right thumb is strictly enforced in judicial practice in China, whether it is a court or a lawyer).
9.Notes:
1. Pay attention to the form, there should be no spaces between the lines, otherwise it is easy to be added by the holder. Do not write with a faded pen, use black ink or blue-black ink for fountain pens. If you write with a ballpoint pen or other ink that is easy to fade, your handwriting will be blurred if you are not properly stored and exposed to moisture or water.
2. When repaying, the repayer should pay attention to recovering the IOU, or jointly destroy the IOU. If the lender claims that the IOU is lost or damaged, the repayer shall request a receipt from the lender, and the repayer shall keep the receipt in a safe place. Or @IOU says that the use of electronic IOUs, many other electronic IOUs are also guaranteed, very standardized, and there is no need to worry about the loss of IOUs, there are repayment reminders, and you can initiate a lawsuit directly on the platform when it expires.
An IOU from an individual to an individual.
IOUs. Because of the recent inconvenience of cash, I borrowed the amount and got a total of money.
RMB yuan. It is expected to be returned as scheduled by XX/XX/YYY. Duration.
The interest is RMB per month and must be paid at the beginning of each month.
The above is afraid that the words are unfounded, and this IOU is hereby used as evidence.
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How to write a regular IOU, can you write it.
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Legal analysis: How to write standard IOUs: 1. IOUs should be in written form, unless otherwise agreed between natural persons; 2. The content of the IOU generally includes the type of loan, currency, purpose, amount, interest rate, term and repayment method; 3. The IOU must have the basic information, signature and date of the parties.
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.
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A formal IOU is written as follows:
1. The IOU shall be in written form, unless otherwise agreed between natural persons;
2. The content of the IOU generally includes the type of loan, currency, purpose, amount, interest rate, term and repayment method;
3. The IOU must have the basic information, signature and date of the parties.
An IOU is usually a documentary document written when a civil subject owes money or goods to others but owes them to others. The IOU shall contain the information of both parties, the reason for the unpaid funds or goods, and the details of the subject matter of the arrears, such as the amount of funds, the name of the goods, the quantity of the goods, the information with specific directions or identifications, 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 legible handwriting and clear and specific content.
Legal basis] Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases
When a lender initiates a private lending lawsuit with the 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.
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Legal analysis: A valid and complete IOU should contain the following contents: the reason for the arrears, the amount of arrears, the time of payment, the debtor, the date on which the IOU was written, if the debtor is an individual, he needs to sign the IOU, write his ID card and press his fingerprint, if the debtor is a company, it needs to be stamped with the company's official seal.
Legal basis: Civil Code of the People's Republic of China
Article 189:Where the parties agree to perform the same debt in installments, the statute of limitations period is calculated from the date on which the last period for performance is completed.
Article 190:The statute of limitations for persons who lack or have limited capacity for civil conduct to make claims against their legally-prescribed persons is calculated from the date on which the legally-prescribed ** person terminates.
Article 191:The statute of limitations for the right to claim damages for minors suffering ** harm is calculated from the date on which the victim reaches the age of 18.
Article 192:Where the statute of limitations for litigation is complete, the obligor may raise a defense of non-performance of obligations. After the expiration of the statute of limitations, if the obligor agrees to perform, the expiration of the statute of limitations period must not be used as a defense; Where the obligor has already voluntarily performed it, it must not be returned.
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Article 143 of the Civil Code stipulates that a civil juristic act is valid if the following conditions are met: (1) the actor 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.
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An agreement is only valid if it meets the above requirements, and it is protected by law.
2. Text: Clause content: the purpose of the negotiation, the responsibility for the purpose of the negotiation, the time and duration of the agreement, the terms and remuneration for the purpose of the negotiation, the time limit for performing the terms, and the liability for violating the terms.
3. Date of payment and signing.
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The IOU was purchased from the Company on XX-XX-DD, and the amount owed today is RMB, which is scheduled to be repaid on XX/X/X/X. If the repayment period is not exceeded, the penalty will be applied daily. It is hereby noted that the debtor is:
Address: Telephone: YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY
Promote social justice, highlight legal values, maintain personal dignity, I am very happy to serve you, if you have any questions, come to the platform for consultation I wish you all the best! Have fun!
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Legal Analysis: The contents that must be met in a formal IOU are: the legal names of the borrower and the lender should be stated.
The loan amount should be clearly written, both in case and lowercase. The term of the loan must be clearly stated, including the start and end dates of the loan and the clear term of the loan. The repayment date must also be clearly stated.
The interest on the loan must be clearly defined and have a clear annual or monthly interest rate, as well as the total amount of interest payable in the end. The time of repayment of the principal and interest of the loan and the method of payment should be indicated. The loan is signed, stamped or written by the borrower himself.
Legal basis: Several Opinions on the Trial of Loan Cases by People's Courts
Article 6 The maximum shall not exceed four times the interest rate of the same type of bank loan (including the principal amount of the interest rate).
Article 9 Where the lender requires the borrower to repay the overdue interest on a fixed-term interest-free loan between citizens, or fails to repay the interest-free loan on an irregular basis after being reminded, and the lender requests repayment of the interest after the reminder, the interest may be calculated with reference to the interest rate of the same type of bank loan.
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Template for writing IOUs:
I (the borrower) today borrowed (lender) RMB (uppercase) yuan, 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 default: If the borrower fails to repay the loan within the time limit, he shall pay liquidated damages equal to 1% of the total amount of the loan; If it is necessary to sue the court to settle the matter, the borrower shall bear all additional costs including attorney fees.
Borrower (Signature) ID Number:
Guarantor (Signature) ID Number:
Date: YYYYYYYYYYYYYYYYYYYYY
The general format of the IOU
An IOU is generally composed of three parts: the title, the text, and the payment.
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.
Teach you the difference between an IOU and an IOU.
From a legal point of view, the effect of an IOU is higher than that of an IOU, so it is best to write an IOU when lending money to others, so how to write an IOU to better protect the interests of creditors? >>>More
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.
The statute of limitations for IOUs without an agreed repayment period is calculated from the date on which the creditor claims the creditor's rights, and the statute of limitations is 2 years, and if the repayment period is agreed, the statute of limitations is valid for two years after the repayment is due. >>>More
Whether the IOU contains the repayment date is subject to negotiation between the two parties, and there is no mandatory provision, and it will not affect the validity of the IOU. >>>More