If the borrower is unwilling to take the IOU when repaying the debt, can the borrower refuse to repa

It is normal to borrow someone else's money and return it when it is due, and it is not okay to refuse to repay, otherwise there will be liability for breach of contract.

As for the borrower's reluctance to draw the IOU, it is the borrower's problem. You pay back the money, and the lender will issue you a receipt stating that the arrears have been paid off.

For the issue of high interest payment, if the two parties have not agreed on the matter of interest, you do not need to pay high interest.

Of course, if he doesn't return the IOU, he can continue to blackmail, because the IOU is in his hand, that is evidence, so when you repay the loan, you must bring a witness, don't bring your own family, so that you have a witness, you pay them back, but the IOU must be returned.

If the other party does not return your IOU, then you will not be able to repay the debt, you can tell him directly, then you will go to court, I am not not repaying you.

Isn't the interest stated on the IOU? You can keep a chat record with him, even if there is a lawsuit in the future, you will pay him at most according to the bank interest, otherwise you can refuse, you can sue him for blackmail, and you can generally lend you money, you should be a good friend, and the relationship is very good! Under normal circumstances, such an unreasonable request would not be made.

If the borrower repays the loan and the other party does not return the IOU, he can temporarily refuse to repay, and the repayment will be fulfilled after the reason is clarified.

You can ask your leader to mediate, and the other party has no reason not to give an IOU, and if it doesn't work, you can call the police, and he is violating the law.

1.Evidence is retained. 2.If the IOU does not indicate the repayment of interest, no interest is required. 3.If it is indicated, the interest payment cannot exceed 2 cents per month. 4.The IOU must be resolved through legal prosecution within 2 years, otherwise it will become invalid.

Then go through the law to deal with the matter, don't deal with it privately by two people, and you must get the IOU back after paying back the money.

What is the act of refusing to make an IOU after talking about money on the grounds of borrowing? Hello dear, hello, according to the question of whether borrowing money without an IOU is considered fraud, it refers to the act of fraudulently obtaining a large amount of public or private property for the purpose of illegal possession, using fictitious facts or concealing the truth. This crime is objectively manifested in the use of fraudulent methods to defraud a relatively large amount of public or private property.

First of all, the perpetrator carried out the act of deception, and the fraud includes two types of fraud, one is to fabricate facts, and the other is to conceal the truth. This crime is subjectively manifested as direct intent and has the purpose of unlawful possession of public or private property. However, there is one caveat:

The boundary between fraud and lending. If the borrower fails to repay the loan for a long time for some reason, or fabricates lies or conceals the truth to fraudulently obtain money and property, and cannot repay it when due, as long as there is no purpose for illegal possession, there is no squandering of the debt, no more deception and deception, and the borrower really intends to repay, it is still a loan dispute and does not constitute the crime of fraud. Hope it helps.

The repayment of the loan does not constitute a crime, it is a civil dispute, and it is generally necessary to bear the liability for breach of contract. The constitutive elements of the crime of fraud are: the object is the ownership of public or private property; The subject is a natural person with the corresponding capacity for criminal responsibility; Subjectively, it is directly intentional and has the purpose of illegally occupying public or private property; Objectively, it is manifested as a situation where the perpetrator uses fraudulent methods to defraud public or private property on the Internet, causing harm to others, and the amount is relatively large.

Article 675 of the Civil Code: The borrower shall return the loan within the agreed time limit. Where there is no agreement on the term of the loan or the agreement is not clear, and it is still uncertain in accordance with the provisions of Article 500 of this Law, the borrower may return it at any time; The lender may demand the borrower to return it within a reasonable period of time.

Yes, you can file a lawsuit with the people's court and provide evidence of the existence of a loan relationship in the absence of an IOU. If the lender files a private lending lawsuit based on the transfer voucher, the creditor shall still bear the burden of proof for the establishment of the loan relationship according to the principle of "whoever asserts the claim shall bear the burden of proof".

Legal basis

Article 2 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases stipulates that when a lender files a 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 the legal relationship between the lender and the lender; Article 17 stipulates that the plaintiff of the Qing cherry blossom only files a private loan lawsuit based on the transfer voucher of the financial institution, and the defendant argues that the transfer is to repay the previous loan or other debts of both parties, and the defendant shall provide evidence to prove his claim. After the defendant provides the relevant evidence, the plaintiff shall still bear the burden of proof for the establishment of the loan relationship.

Legal analysis: If there is no IOU when borrowing money, if there is other evidence that can prove the existence of the loan relationship, you can also claim repayment. For example, price contracts and other evidence.

Legal basis: "Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases" Article 2 When a lender initiates a lawsuit with the people's court for private lending, 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 the legal relationship between the lenders.

Where the creditor's rights vouchers such as IOUs, key receipts, and IOUs held by the parties do not indicate the creditor, and the party holding the creditor's rights vouchers initiates 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.

So what do you do if you have to meet someone who doesn't pay back?

First, the voucher must be kept intact. If the amount is large, the two parties sign a loan contract to agree on the repayment period of the loan amount, the calculation of interest and the consequences of default. Second, make an agreement in advance to avoid trouble later.

Reminder of repayment before the repayment deadline arrives. If the repayment period is agreed, remind the debtor to repay the loan before the repayment deadline arrives, and it is best to leave written evidence, text messages or written things. If there is no agreed repayment period, you can remind you at intervals.

Negotiate a settlement. Some debtors are not unwilling to repay the money, if this is the case, they can negotiate a settlement, write an IOU in time, and urge him to repay the loan as soon as possible. Third, if it can be resolved through negotiation, after all, peace is precious.

If the negotiation fails, you can only take legal channels, hold a valid loan certificate, etc., and file a lawsuit in the court of the debtor or the place where the loan is located. If the loan contract stipulates the competent court, you can file a lawsuit in the agreed court.

So, how do you save money?

The first point and the simplest way is to pay wages every month, the first thing is to deposit one-third or more of the money to 50% according to personal ability and habits, or to buy a more stable fixed investment**. In this way, you will control your desire to spend more.

The second point is the distribution of savings funds, which is a regular monthly savings. It is also possible to make an allocation, which can be to apply for a savings card. Put a part of the money in it and die.

Choose a few fixed **, more stable ones, and put the rest of the savings into it. In this way, you can also lay eggs through **.

The third point is that the fixed deposit of the usual income, in addition to the income of the salary, there will also be additional income, so one-third of the additional income will not hesitate to put it into the savings fund.

Fourth, regularly checking the savings bill can help develop a good habit of saving, that is, constantly enhance the sense of achievement, you can regularly check how much money you have saved now. When you know that your money is increasing, you will unconsciously spend less in life, and you will continue to think about working harder and saving more money.

Fifth, learn to delay consumption.

People often find that they don't like what they buy on a whim. For example, if you suddenly see a beautiful and expensive dress on the Internet today, so you buy it immediately, but often when the goods are delivered, you will feel that the skirt is not sorry for it at all. This is known as impulse spending.

Legal analysis: 1. If the debtor fails to repay the loan on time, the creditor may file a lawsuit with the people's court and apply to the court for compulsory enforcement after the judgment.

2. In addition to requesting the return of the loan, you can also request compensation.

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 671: Where a lender fails to provide a loan on the agreed date and amount, causing losses to the borrower, it shall compensate for the losses.

If the borrower fails to collect the loan on the agreed date and amount, it shall pay interest on the agreed date and amount.

Article 6 The borrower shall repay the loan within the agreed time limit. Where there is no agreement on the term of the loan or the agreement is not clear, and it is still uncertain in accordance with the provisions of Article 510 of this Law, the borrower may return it at any time; The lender may demand the borrower to return it within a reasonable period of time.