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The period from July to August has not been specified here, but from common sense and the time when the IOU was issued, it should be possible to judge that it refers to 05 years.
Then, the repayment deadline should be 7/31/05. The statute of limitations begins on August 1.
Of course, some people may think that the repayment period is unclear and the maximum statute of limitations of 20 years applies, but I personally believe that this view will be controversial and very risky, so it is safer to use 7/31/05 as the repayment period, so the statute of limitations should be calculated until 8/1/07.
If the other party has no money to repay now, you can ask him to issue a new IOU or write a repayment plan, etc., which constitutes the interruption of the statute of limitations, and the two-year statute of limitations can be recalculated. However, such interruptions cannot exceed the statute of limitations of twenty years.
If you still have any questions, you can send a message to ask further.
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The first should be 05. It will be returned in July and August of the year, and if it is not repaid when it is due, you must continue to claim, as long as you don't need money for more than two years. If you don't want it for two consecutive years, it can be regarded as an automatic waiver of your rights, of course, as long as someone or other means can prove that you want to pay for it.
If you really don't want to talk to me, I will help you collect debts, I will be the best at Huang Shiren.
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Look at your IOU, according to the literal understanding should be returned between July and August 2005, if it cannot be returned when it expires, then ask him to write a new one, and make the terms more explicit, such as writing clearly the year, month and day to return, don't be so vague.
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In daily life, many people have borrowed money. When people borrow money, they often leave a loan voucher. Some loan vouchers are called "IOUs" and some are called "IOUs".
So, what is the difference between an IOU and an IOU? Today, I will talk about the difference between the two.
1. The nature is different
IOUs are created at the time of borrowing and indicate the borrowing relationship between the two parties. IOUs are not only generated when borrowing, but also when buying, selling, leasing, etc. That is, the scope of application of an IOU is broader, and an IOU covers the act of an IOU.
2. The legal effect is different
Under normal circumstances, the borrowing behavior specified in the IOU will be protected by law, as long as it does not involve illegal activities such as usury. The acts involved in IOUs are relatively complex, and whether they are protected by law depends on whether the sales, leases, and credit sales are qualified and legal, and whether the reasons are compliant and legal. For example, IOUs arising from gambling are not protected by law.
3. The statute of limitations is different
In cases where the date of repayment is not clear, the statute of limitations for IOUs and IOUs is different. If there is no agreed repayment period for the IOU, the lender may request the other party to repay the loan at any time, and the statute of limitations shall be calculated from the time when the counterfeit right holder claims its rights, and the validity period shall be as long as 20 years. If there is no agreed repayment period for the IOU, the statute of limitations shall start from the date on which the arrears are formed and shall be valid for 3 years.
To sum up,The difference between an IOU and an IOU is that it is different in nature, different in legal effect, and different in the statute of limitations. In general, an IOU is less applicable than an IOU, but it has more legal probative power than an IOU. For the majority of borrowers, it is the IOUs that are generated in the borrowing process, not the IOUs.
The above is the difference between an IOU and an IOU, I hope it can be helpful to you.
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Summary. Pro-<>
Glad to answer your <>
The correct way to write an IOU: First, write the word "IOU" in a large font in the upper middle of the text. There are also the words "Temporary Debt" or "Today Debt" written in this position as the title, and the body of the title is written at the top of the next line.
Secondly, the text should clearly state what person or unit is owed, how much it is, and indicate the date of repayment. After zui, it is an IOU issued by the unit, and the name of the debtor's unit and the handwritten signature of the person handling it should be signed, the date of writing of the IOU, and the official seal of the unit. It is an IOU issued by an individual, and the name of the debtor must be signed on the payment, and the personal private seal or fingerprint must be affixed at the same time.
If there is a guarantor, the method of guarantee should be indicated, and the guarantor's signature should be written and the fingerprint should be pressed. You only need one IOU, not one for each.
How to write an IOU is correct.
Dear <> happy to answer your <>
The correct way to write an IOU: First, write the word "IOU" 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, and the title text is written at the top of the next line.
Secondly, the text should clearly state what person or unit is owed, how much it is, and indicate the date of repayment. After zui, it is an IOU issued by the unit, and the name of the debtor's unit and the handwritten signature of the person handling it should be signed, the date of writing of the IOU, and the official seal of the unit. It is an IOU issued by an individual, and the name of the debtor must be signed on the payment, and the personal private seal or fingerprint must be affixed at the same time.
If there is a guarantor, the method of guarantee should be indicated, and it should be written that the guarantor has signed or not, and pressed the fingerprint. Only one IOU is required to carry the finger, and there is no need for each to carry one.
The IOU written by the parent <> should include the following content to be effective: the identity information of both parties in arrears, including the name, Z number, and home address of the debtor and the debtor; The purpose of the arrears requires the debtor to state the purpose of the arrears; The term of arrears, clarifying the time of repayment and the time of repayment of arrears; The statute of limitations is three years, and if the debtor fails to return the loan by the end of the agreed repayment date, then the debtor can sue.
Legal basis: Article 2 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of the 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, IOUs, and other evidence that can prove the existence of the legal relationship between the lenders.
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The borrowing interest rate cannot be 4 times higher than the bank interest rate for the same period. For loans within 6 months (including 6 months), the annual interest rate is:
Loan 30,000, interest payable for half a year:
30000 972 (yuan), so you multiply it by 2, which is 1944 yuan. The date of writing the IOU should be the same day, so that the retroactivity of the law will be delayed by 1 year, so that you can have a greater chance of winning the lawsuit, hope this can help you!
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It is best to pay the interest rate of the bank or twice it.
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Talk to your debtor.
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It is wrong for an IOU to be written as an IOU, and there is a certain difference between an IOU and an IOU.
There are three most common types in life: IOUs, receipts, and IOUs. Although there is only a one-word difference, there is a big difference in their legal meaning. Although the name is not the only decisive factor in determining the legal relationship, it undoubtedly has a great influence on the judge's judgment.
IOUs and IOUs are both proofs of creditor-debtor relationships, while receipts not only prove the existence of creditor-debtor relationships, but also serve as proof of equity relationships or contract performance. For example, the company receives the certificate issued by the shareholder when it receives the capital contribution; The latter is such as the voucher issued by the seller when the payment is received. In both cases, the party holding the receipt is not entitled to demand payment of the amount under the receipt.
If the party holding the receipt requires the party issuing the receipt to pay off the money under the receipt, it must prove that the receipt it holds represents a creditor's right relationship, not an equity relationship or proof of contract performance. And to do this, it's usually not enough to just show a receipt. If the holder of the receipt is unable to produce other evidence, it inevitably faces the risk of losing the case.
Although IOUs and IOUs are both proofs of the creditor-debtor relationship, there are differences between them.
Two common formats:
1) IOUs. Borrow 1 million yuan from Zhang San today.
Borrower: Li Si.
25 June 2009.
2) IOUs.
Today, Zhang San owes 1 million yuan.
Debtor: Li Si.
25 June 2009.
For (1) it is applicable to simple borrowing, and for (2) it is applicable to arrears caused by something, such as not giving money after delivery, losing money after gambling, not bringing money after meals, etc. In a legal sense, case (1), i.e., an IOU, does not need to be supported by other evidence; However, in the case (2), unexpected situations are likely to occur, and there is generally a question of why, why, and how to owe money, which may not be very big, but sometimes it is more troublesome, and even worse, it is in vain. The legal lending relationship is protected by the law, but for example, the IOU made after gambling money is lost, after the trouble goes to the court, even the IOU is in vain, because the law does not protect illegal things, gambling is illegal, and the resulting IOU is an illegal debt and is not protected by the law.
The IOU indicates the reason for the formation of the creditor's relationship, that is, because of the loan; IOUs, on the other hand, cannot literally indicate the reasons for the formation of the creditor's relationship. There are many reasons for the formation of creditor's rights, and lending is only one of them. Whether or not the cause of the formation of the creditor's right relationship can be preliminarily determined has the greatest impact on the parties is the calculation of the statute of limitations.
If it is stated that it is an IOU and the loan relationship is established, the applicable statute of limitations is two years; If it is stated that it is an IOU, it should be subject to the statute of limitations of several years, and the statute of limitations shall be determined according to the reason for the formation of the IOU. There are four types of statutes of limitations stipulated in Chinese law according to time: one-year, two-year, three-year and four-year statute of limitations.
Therefore, when you lend money to a friend, you should ask him to issue an IOU, not an IOU and a receipt.
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It doesn't matter if an IOU is made into an IOU, there is nothing to lose to you, of course, it depends on the attitude of the other party. Of course, the two are still different.
An IOU is a creditor's right certificate issued by the debtor to the creditor when the borrower and the lender establish a relationship of rights and obligations. IOUs arise as a result of borrowing, and there are specific borrowing facts, which are caused by the creditor lending his own money to the debtor. An IOU is a kind of settlement of economic transactions between the creditor and debtor, indicating a new pure creditor's rights and debts relationship formed due to the liquidation of sales, contracts, etc.
It can be said that the IOU proves the borrowing relationship, and the IOU proves the arrears relationship; A loan is certainly an arrears, but an arrears is not necessarily a loan.
The reason for the formation of the borrowing is the specific fact of the borrowing; There are many reasons for the formation of IOUs, such as arrears arising from sales and sales, arrears arising from labor services, etc.
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IOU: An IOU is a kind of loan fact that proves the contractual relationship of the loan and is the basis for the fact of the loan issued by the borrower to the lender when the lender delivers the loan to the borrower. The IOU should state the name of the lender, the amount of the loan (in upper and lower case), the signature or seal of the borrower, and the date of issuance of the IOU.
If the loan is profitable, it is also necessary to indicate the repayment method, the method of calculating the interest, and the liability for breach of contract.
The statute of limitations for IOUs is 2 years from the date of the repayment period indicated on the IOU. If the lender fails to claim its rights with the people's court for more than two years, the people's court will no longer protect it. For IOUs that do not indicate the date of repayment, the lender may demand repayment from the borrower at any time, and the statute of limitations shall be calculated from the day after the lender asserts its rights.
However, if the lender does not assert its rights within 20 years after the borrower issues the IOU, the statute of limitations does not start.
IOU: An IOU is a kind of creditor's rights relationship between the parties in the course of economic exchanges, such as arrears formed by sales, damages, services, etc., and a settlement basis issued by the debtor to the creditor. The IOU must state the name of the creditor, the amount owed (in upper and lower case), the time of the arrears, and finally the signature or seal of the debtor, and the date on which the IOU was issued.
The law stipulates that the statutory limitation period for IOUs is two years, and for IOUs that have indicated the date of performance of the arrears, the limitation period for litigation shall be calculated from the date on which the date of repayment of the arrears is indicated, and for the IOUs that do not indicate the date of performance of the arrears, the limitation period shall be calculated from the day after the debtor issues the IOUs.
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Of course, it has to do with it, and it is not about how much you lend him, but about repaying it twice.
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As of the date of signing the IOU, xx is still in arrears. Be willing to bear any reasonable expenses incurred as a result of the amount owed. Just press your fingerprints, not a copy of your ID card.
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According to the landlord's description, we broke down the situation as follows: (1) the friend signed an IOU of 60,000 yuan after being drunk; (2) The debt is now collected by the person holding the IOU.
As to the fact that (2) precedes the answer, first of all, we must clarify whether there is indeed a creditor-debtor relationship between the landlord's friend and the actor (the person who poured the alcohol), and if there is indeed a creditor-debtor relationship, the actor claims rights against the landlord's friend through his own behavior, even if there is an improper behavior, but from a legal point of view, the debt should be repaid, so the IOU is established; If there is no creditor-debtor relationship, the landlord's friend can resolve the case through the following channels:
1. Report the case to the public security organs, because the perpetrator has violated the criminal law and is suspected of fraud because the perpetrator's (1) act has been violated, the perpetrator shall be investigated for criminal legal responsibility;
2. In the civil lawsuit, the defense is based on the facts of (1), claiming that the issuance of the IOU is not the true expression of the landlord's friend, and it is a case of fraud, but at this time, the landlord's friend must prove the authenticity of (1) the facts. Otherwise, the landlord's friend will not be able to support his claim that the IOU was issued on the grounds that he was drunk.
First of all, I suggest that you go to the Northeast cuisine near your home and order a pot of pork, and then look at the ingredients, and one of the answers below is correct.
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