Should I pay this IOU? How to write an IOU after paying back a part

Before giving a specific plan, it is necessary to determine the litigation claim of the other party before making further judgments. After all, the first thing you have to consider is whether the other party is suing on the grounds of borrowing money or the payment for goods. In principle, if you sue on the grounds of payment, then you are still more likely to win the lawsuit, but if the legal representative runs away, how can you prove your cashier identity?

This is a problem that you need to have a headache. Secondly, you also need to consider the reason why you are signing in the name of your personal IOU. It is recommended that you consult a local lawyer for a thorough consultation.

It depends on the specific situation.

As long as the reason and amount of arrears are clearly written, the debtor's signature will have legal effect.

The content of the IOU: The IOU is generally composed of three parts: the title, the text, and the payment. (1) 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. (2) 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.

As long as your foundry proves that you are acting in a professional act, you will not be liable for the money owed by the factory, and you can entrust a local lawyer to respond to the lawsuit.

It's a three-way dispute He sues you, and you can only sue the person who escaped with the money.

Legal analysis: The IOU after the debtor has repaid part of the loan can be written in the following ways: 1. The original IOU can indicate the amount of repayment and then sign; 2. Take back the IOU and write the IOU according to the new amount; 3. The payee writes a receipt, and the original IOU remains unchanged.

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.

Useful. For the confirmation of creditor's rights and debts, the IOU is the most direct evidence. The debtor has the following uses for issuing an IOU

First, it is necessary to prove that there is a creditor's rights and debts relationship between the two parties; second, if there is an agreement on interest, the interest can be claimed in accordance with the IOU; Third, if the debtor fails to fulfill the repayment obligation, the creditor can go to court to sue for repayment based on the IOU. Article 412 of the Civil Code Where the debtor fails to perform the debts due or the mortgage is realized as agreed by the parties, resulting in the mortgaged property being seized by the people's court in accordance with law, the mortgagee shall have the right to receive the natural fruits or legal fruits of the mortgaged property from the date of seizure, unless the mortgagee fails to notify the person obligated to repay the statutory fruits.

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 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 the legal relationship between the lenders.

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 examination, it rules to dismiss the lawsuit.

Summary. The other party is suspected of false litigation, which is an illegal and criminal act, and can provide evidence to prove that the arrears have been paid off and ask the court to transfer it to the public security for handling.

Do I have an IOU? But the money has already been repaid, and he takes the IOU and asks me what to do.

The other party is suspected of false litigation, which is an illegal and criminal act, and can provide evidence to prove that the arrears have been paid off and ask the court to transfer it to the public security for handling.

If there is evidence to prove that the repayment has been made, evidence can be submitted to the court.

All the evidence is gone, and for more than 2 years, he suddenly went to sue that the IOU had been with him.

It needs to be supported by other evidence, such as witnesses, the reason for the arrears, or the other party's self-confession. If the debtor fails to repay the due debt at the request of the creditor, and the creditor does not have an IOU, the creditor can find witnesses if he wants to recover the due debt.

Here's the thing: At the beginning, we were in a relationship, and we both transferred money, and he suddenly said that I should write him an IOU, saying that it was to motivate me to make money, and he would pay it back to me when the time came, and then we broke up together, and he returned the IOU to me, and after making it clear, he would no longer contact me, and more than 2 years later, he appeared with an IOU to sue me, and I have no substantive evidence with me now.

Didn't the IOU be returned to you?

Why does he still have IOUs.

He said that the original was with him, and that maybe he gave me a fake.

Is the signature of the person on both IOUs the same?

It's the same, it's the same, and the one I saw at the beginning was OK, yes, and I got it, and I tore it, and my friend was there to see me tear it.

Then this one may have been copied by him.

How can I deal with it now?

In what form do you repay this?

Summary. Then his behavior is in violation of China's laws and regulations, you can directly call the police, let the police deal with this matter, and even ask him to compensate for the loss of annuity, all you need to do is to keep the evidence.

Do I have an IOU? But the money has already been repaid, and he takes the IOU and asks me what to do.

Hello, I have seen your question and am sorting out the answer, please wait for a while Hello, I am happy to answer for you. In this case, the other party is involved in fraud and deception, and you have already returned the money, but he lies to the person that you have not paid the money, and asks you to pay back the same amount.

Then his behavior is in violation of China's laws and regulations, you can directly call the police, let the police deal with this matter, and even ask him to compensate for the loss of annuity, all you need to do is to keep the evidence.

Summary. Do I have an IOU? But the money has already been repaid, and he takes the IOU and asks me what to do.

Respond to the lawsuit and prove the fact that the repayment has been made.

The court hears the case on the basis of facts, which are proved by evidence. In the creditor-debtor relationship, the burden of proof that the debt has been fulfilled lies with the defendant, and the defendant needs to provide evidence to prove that the debt has been repaid, otherwise it will bear the risk of losing the lawsuit and repaying the debt. It is advisable to provide evidence such as bank transfer records, recorded calls that have been repaid, etc., so that the court can ascertain the facts.

Do I have an IOU? But the money has already been repaid, and he takes the IOU and asks me what to do.

Wait a minute, dear.

Do I have an IOU? But the money has already been repaid, and he took the IOU to ask me what to do to respond to the lawsuit and prove the fact that the repayment has been repaid. The court hears the case on the basis of facts, which are proved by evidence.

In the creditor-debtor relationship, the burden of proof that the debt has been fulfilled lies with the defendant, and the defendant needs to provide evidence to prove that the debt has been repaid, otherwise it will bear the risk of losing the lawsuit and repaying the debt. It is advisable to provide evidence such as bank transfer records, recorded calls that have been repaid, etc., so that the court can ascertain the facts.

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