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Of course, it is useful, even if you don't pay the money, you have to make an IOU (or repayment plan) within two years, which will play a decisive role in the prosecution.
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Playing IOUs are useful. You have to keep this IOU.
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It should be noted that when writing an IOU (the same goes for an IOU), you should indicate the time, the name of the borrower and the debtor, and ask the borrower to sign it. The most important thing is that the original IOU should be placed in the hands of the person who lent the money, and when the other party repays the money, the IOU should be given to the other party.
Litigation period: For IOUs without an agreed repayment period, the lender can request repayment from the borrower at any time, and the General Provisions of the Civil Law will come into effect from October 1, 2017, and the statute of limitations for IOUs with an agreed repayment period is 3 years.
Article 3 of the Provisions on Several Issues Concerning the Application of the Statute of Limitations System in the Trial of Civil Cases stipulates that if a party fails to raise a defense of the statute of limitations, the court shall not interpret the issue of the statute of limitations and make a judgment on the active application of the statute of limitations.
Proof: 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 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.
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It's definitely useful, and the IOU is your own security.
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As long as it is written in a standardized manner, there should be no problem.
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Whether or not to make an IOU is just a symbolic meaning, and if the borrower really doesn't plan to pay it back, it may not work if he goes to court to file a lawsuit.
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Take a picture of the words written by the other party, and if you don't return it, you will hang it on the Internet and scold it every day, and it is best to have collateral to move his valuables back.
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If you need to rewrite the IOU after repaying part of the loan, you should write a new IOU according to the remaining amount after repayment, and pay attention to the original IOU and destroy it. If the loan is agreed to be repaid multiple times, there is no need to write a new IOU in addition.
1. How to write a rewrite of a part of the IOU
If you rewrite the IOU, you will write the IOU according to the number of the amount you still owe after the partial repayment as the number of the current loan, and when the new IOU is handed over to the lender, the original IOU must be withdrawn and destroyed.
1. The IOU can be indicated.
2. If the arrears are not paid off at one time, they can be repaid in multiple installments, and they can be taken in the manner indicated on the IOU or in the form of receipts.
3. It is not meaningful to indicate on the IOU that part of the repayment is meaningful, and the note should indicate how much yuan has been repaid on a certain day, a certain month, and a certain year.
4. The apostille on the IOU does not affect the legal effect of the IOU.
2. How to write an IOU has legal effect
1. The full legal names of the borrower and the lender should be clearly written, with the signature of the borrower himself, his handprint or his own handwriting, and a copy of the borrower's ID card and marriage certificate should be collected.
2. The amount of the loan should be clearly written, including the uppercase and lowercase amount. Write down the time limit of the loan, including the start and end date of the loan and the clear loan term, and the specific year, month and date of repayment. Write down the date, time and payment method of repayment of the principal and interest of the loan.
3. The interest of the loan should be clearly written, and there should be a clear annual interest rate or monthly interest rate, and the total amount of interest on the loan that should be paid (including the uppercase and lowercase amount). The interest rate is up to 4 times the interest rate of the same type of loan from the bank. The interest rate of usury is not protected by the state.
4. The delivery of the money should be made by bank transfer as much as possible, and the date of receipt and transfer of the other party can be specified in the IOU. For transfers, you can note the purpose of the loan. A separate receipt of the money received by the borrower is required.
2) Attention should be paid to the following issues in the writing of personal IOUs:
1. The full legal names of the borrower and the lender should be clearly written;
2. The amount of the loan should be clearly written, including the uppercase and lowercase amount.
3. The time limit of the loan should be clearly written, including the start and end date of the loan and the clear loan term.
If it is not indicated but later repaid in multiple installments after negotiation with the creditor, a new IOU can be written after the first repayment according to the remaining unpaid amount, but it is necessary to pay attention to the recovery of the previous IOU and destruction.
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1.According to what you said, every time you repay the loan is in the form of a transfer, it is recommended to type out the relevant transfer flow, and submit it to the court for defense at that time, it is recommended that if there is the same situation in the future, it is best to let the other party show you a receipt or rewrite an IOU for each repayment; 2.If the other party wants to claim interest or something, it is necessary to submit relevant evidence, and there is no agreed interest on your IOU, so you can defend the facts; 3.
If there is no agreement on the repayment date, the statute of limitations can be up to 20 years.
Article 119 of the Civil Procedure Law: A lawsuit must meet the following requirements: (1) The plaintiff is a citizen, legal person or other organization that has a direct interest in the case; (2) There is a clear defendant; (3) There are specific litigation claims, facts, and reasons; (4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.
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Summary. The court prosecution process is as follows: 1. When the parties file a lawsuit, they should first submit the indictment, and submit the corresponding number of copies according to the number of the opposing party, and if the parties are citizens, the names, genders, ages, places of origin, and addresses of both parties should be indicated; If the party is a unit, the name and address of the unit, and the name of the legal representative or responsible person shall be indicated; 2. According to the principle of who asserts and who presents evidence, the plaintiff shall submit the corresponding materials to the court; 3. After the parties have completed the necessary formalities and submitted all relevant evidence, the case filing division shall, within seven days, handle the case filing formalities for those who meet the requirements for case filing; 4. The parties shall pay the case acceptance fee and other litigation fees in advance within seven days from the date of receipt of the notice of acceptance; 5. After the case filing formalities, the case will be scheduled by the court for trial.
Hello, you can file a lawsuit with the people's court without paying it back.
The court prosecution process is as follows: 1. When the parties file a lawsuit, they should first submit the indictment, and submit the corresponding number of copies according to the number of the opposing party, and if the parties are citizens, the names, genders, ages, places of origin, and addresses of both parties should be indicated; If the party is a unit, the name and address of the unit, and the name of the legal representative or responsible person shall be indicated; 2. According to the principle of who asserts and who presents evidence, the plaintiff shall submit the corresponding materials to the court; 3. Within seven days after the parties have completed the necessary formalities and submitted all the relevant evidence, the case filing division shall handle the case filing formalities if they meet the requirements for filing the case; 4. The parties shall pay the case acceptance fee and other litigation fees in advance within seven days from the date of receipt of the notice of acceptance; 5. After the case filing formalities, the case will be scheduled by the court for trial.
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Legal Analysis: The IOU is issued by you and can only be repaid by you, unless the creditor agrees to be repaid by the actual borrower.
Legal basis: Civil Code of the People's Republic of China
Article 667 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: 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 669 When entering into a loan contract, the borrower shall, as required by the lender, provide the true information about the business activities and financial status related to the loan.
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