Whether an IOU issued under a pseudonym is valid

In civil lending activities, it is common for people to borrow under various pseudonyms in order to avoid their responsibilities, and in vain attempt to escape responsibility when they repay the loan in the future. However, for the creditor, if the IOU issued under a false name is invalid, it is a great loss, which is equivalent to the loss of legal protection for the arrears.

In the case of an IOU issued under a pseudonym, it is necessary to analyze the specific issue on a case-by-case basis, and in some cases, the IOU will remain valid even if it is a pseudonym.

Analysis of the validity of an IOU issued under a pseudonym.

Whether an IOU issued under a pseudonym is valid or not can be broadly divided into the following concentrated situations:

1. The IOU is only a pseudonym, and all other loan facts are true.

In such a situation, it is just that the borrower uses a fake loan symbol, but both the borrower and the borrower have fulfilled their responsibilities in accordance with the real rights and obligations, and the loan relationship has been generated. Therefore, in such a case, even a pseudonymous IOU is still authentic and valid.

2. The name of the IOU is pseudonymous, and some of the others are not true.

For example, the borrower's name is pseudonymous in the loan relationship, but the loan is not completed in accordance with the normal process, or the loan relationship is not performed, and other situations. In this case, the IOU is generally considered invalid.

So, what kind of methods should be taken to make the IOUs issued under a pseudonym real and valid? As long as it is in line with the fact of the loan, and only if the borrower uses a false name to borrow, we can apply for the identification of the IOU, and if the conditions are met, the authenticity and validity of the IOU can be verified, and our rights and interests can be protected.

1. It is effective. Quiet orange.

2. Even if what the party writes on the IOU is not my real name, as long as it is written by me, it means that I recognize the name and recognize the debt, and I must bear the responsibility for repayment.

3. For those who issue IOUs under aliases, pen names, etc., as long as it is confirmed that they are issued by themselves, they must bear the legal responsibility for repayment in accordance with the law. If the debtor denies it on the grounds that the name on the IOU is inconsistent with the name on his identity card, the reason cannot be established.

If the debtor does not have the intent to defraud and meets the following conditions, it is valid: the parties have the ability to conclude the contract; The ideology is true; The content of the IOU is legal and does not violate public order and good customs.

[Legal basis].Article 143 of the Civil Code.

Civil juristic acts that meet the following conditions are valid:

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

2) The meaning is genuine;

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

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 680.

It is forbidden to lend at usurious interest rates, and the interest rate of the loan must not violate the relevant state regulations.

If there is no agreement on the payment of interest in the loan contract, it shall be deemed that there is no interest.

If the loan contract is not clear on 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 or the suspected tourist's transaction methods, trading habits, and market interest rates; Where natural persons borrow money between themselves, it is deemed that there is no interest.

As long as the content of the IOU is legal and is voluntarily issued by the parties out of true intentions, it has legal effect. Legal effect refers to the statutory statute of limitations for the right of claim. According to the provisions of China's Civil Procedure Law, the statute of limitations for ordinary claims is 2 years.

The statute of limitations for the right to claim the creditor's right to file a lawsuit with the people's court for repayment of the money on the basis of the IOU is also 2 years, and the calculation period is 2 years from the date of the expiration of the repayment period indicated on the IOU. In other words, if there are no special circumstances, you must file a lawsuit with the people's court before two years before the court will support your claim.

Article 679 of the Civil Code stipulates that a loan contract between natural persons shall be established when the lender provides the loan. Article 680 Lending at usurious interest rates is prohibited, and the interest rate on loans must not violate the relevant state regulations. 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, if the major party cannot reach a supplementary agreement, the interest shall be determined in accordance with factors such as the local or the parties' transaction methods, trading habits, and market interest rates; Where natural persons borrow money between themselves, it is deemed that there is no interest. Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Contract Law of the People's Republic of China (2) Article 5 Article 5 Where a party concludes a contract in the form of a written contract, it shall sign or affix its seal. Where a party rolls aside and affixes a fingerprint on the contract, the people's court shall find that it has the same legal effect as signing or affixing a seal.

Legal analysis: As a creditor, based on the evidence of arrears between the two parties, the creditor can directly go to the court to sue the debtor and require the debtor to repay the loan in accordance with the law. When filing a lawsuit, the creditor's ID card, evidence of arrears, and complaint are required, and the case acceptance fee is paid in advance.

Go straight to the court to file a case.

Legal basis: Civil Code of the People's Republic of China

667 Burning Rock A loan contract is a contract in which the borrower borrows money from the lender, returns the loan when due, and pays the 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.

After receiving a civil debt dispute lawsuit filed with the IOU as evidence, the court will generally verify whether the evidence submitted by the plaintiff is true before accepting the case, and if the IOU is fake, then the claim is very likely to be returned.

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 of caution, interest rate, term and repayment method.

Article 669:When concluding a loan contract, the borrower shall, in accordance with the requirements of the loan tenant, provide the true information about the business activities and financial status related to the loan.