Does the written IOU have legal effect or can it take effect Lawyer, what should I do

This IOU is invalid, according to the provisions of China's contract law:

Article 52 The contract shall be invalid under any of the following circumstances:

1) One party concludes a contract by means of fraud or coercion, harming the interests of the state;

2) Malicious collusion, harming the interests of the state, the collective, or a third party;

3) Concealing illegal purposes in a lawful form;

4) Harming the public interest;

5) Violating mandatory provisions of laws and administrative regulations.

It is recommended that you do a good job of collecting relevant evidence and file it with the public security organ to prevent economic losses in the future.

You can also report the case to the public security organ and accuse her of extortion, according to the criminal law of our country:

Article 274:Where the amount involved in extortion of public or private property is relatively large, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given; where the amount is huge or there are other serious circumstances, a sentence of between three and ten years imprisonment is to be given.

Your IOU has a legal effect! It is advisable to take legal action now and sue her first!

IOUs are invalid, and civil acts taken under the circumstances of danger or coercion are invalid.

Upstairs, this situation is at most fraudulent coercion, and the revocable situation can't be directly classified as invalid, right?

The landlord can apply to the court to revoke the loan contract, but the burden of proof is on your side under duress, and you need to collect evidence in your favor, otherwise it will be difficult for the court to support your claim.

As for the extortion provided for in Article 274 of the Criminal Law, I'm afraid that the landlord's girlfriend can't be constituted, right? It is advisable to take a good look at the constitutive elements of this sin upstairs.

The landlord hurriedly collected the evidence and went to the court to apply for revocation, within 1 year if there is a time limit.

Legal Analysis: If the following conditions are met, the IOU will not be valid. The debtor does not have the corresponding capacity for civil conduct.

The expression of the intention of the debtor in the IOU is not the true intention of the debtor. IOUs that maliciously collude to harm the interests of the state, the collective, or a third party. IOUs whose contents are unlawful, or that conceal an illegal purpose in a lawful form, such as:

The IOUs generated by gambling, smuggling and other activities do not contain the signature of the debtor himself or the signature of the debtor forged by others.

Legal basis: Article 674 of the Civil Code of the People's Republic of China The borrower shall pay interest within the agreed time limit. Where there is no agreement on the time limit for the payment of interest or the agreement is not clear, and it is still uncertain in accordance with the provisions of Article 510 of this Law, and the loan period is less than one year, it shall be paid together when the loan is returned; If the loan period is more than one year, it shall be paid at the end of each year, and if the remaining period is less than one year, it shall be paid together with the return of the loan.

Article 675: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 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.

How an IOU is legally valid:

1. The IOU shall be in written form, unless otherwise agreed between natural persons;

2. The content of the IOU generally includes the type of loan, currency, purpose, amount, interest rate, term and repayment method;

3. The IOU must have the basic information, signature and date of the parties.

[Legal basis].Article 667 of the Civil Code.

A loan contract is a contract in which the borrower borrows money from the lender and returns the loan at maturity with 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.

1. The full legal names of the borrower and the lender should be clearly written;

2. The loan amount should be clearly written, and it should be capitalized in Arabic numerals and Chinese at the same time, such as "RMB 100,000 (10,000 yuan)", to prevent the holder of the IOU from tampering;

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, preferably accurate to the date;

4. The specific date of repayment should be clearly written, but it is not necessary;

5. The interest of the loan should be clearly written, there should be a clear annual interest rate or monthly interest rate, and the total amount of loan interest (including uppercase and lowercase amounts) that should be paid in the end;

6. The date, time and payment method of repayment of the principal and interest of the loan should be clearly written;

7. There should be a signature, handprint or handwritten signature of the borrower himself;

8. If the amount is large, you can ask a third party to witness and sign.

1. IOUs must be standardized when making IOUs, try to use carbon and other ink that is not easy to fade or change, indicate the currency before the loan amount, and use capitalized Chinese characters, and also fill in lowercase Arabic numerals in parentheses.

2. Pay special attention not to use polyphonic and polysemantic wordsMany Chinese characters in China have the phenomenon of multiple sounds and multiple interpretations of one word, and once these Chinese characters are used in IOUs, it may cause disputes.

3. The IOU must be filled in by the debtor himself, and the debtor originally intended to evade the debt, and deliberately found someone when making the IOU. When the creditor asks for money, he refuses to repay on the grounds that it is not in his handwriting. Therefore, the IOU must be filled out by the debtor himself.

If the IOU is a printed draft, it is best to ask the borrower to sign, seal and fingerprint in the signature column of the debtor.

4. Proper custody of IOUs should pay attention to prevent IOUs from being stolen, lost or polluted, and the storage place should be safe, not easy to be wet, and cannot be in contact with chemical substances. At the same time, several copies should also be made, and a copy can be issued to the borrower in the future to ensure the safety of the original.

5. The contract is invalid if the illegal purpose is concealed in a legal form. For example, IOUs formed due to gambling debts.

6. The IOU written by the minor is invalid and should be contacted by the guardian.

7. One party uses fraud, coercion or taking advantage of the danger of others to invalidate the IOU written by the other party against the true intention.

8. More than two years of statute of limitations, that is, you have not been urged to repay the ...... in the past two years

9. If the borrower is married, it is best to ask his spouse to sign as a joint borrower, at present, there are more and more lawsuits in which one party signs the loan and the other spouse does not recognize, and various precedent results lead to the legal risk that the IOU without the signature of the other spouse may not require the husband and wife to repay together.

Two templates are provided for your reference.

If it is a loan, it is more appropriate to write an "IOU". There is a title, "IOU" or "IOU"; There is the name of the debtor, the creditor, the amount of borrowing, whether interest is paid, the interest rate, the date the IOU was written, and the signatures of each of them. With these elements, you can.

1. The full legal names of the borrower and the lender should be clearly written;

2. The loan amount should be clearly written, and it should be capitalized in Arabic numerals and Chinese at the same time, such as "RMB 100,000 (10,000 yuan)", to prevent the holder of the IOU from tampering;

3. The time limit of the loan should be clearly written, including the start and end date of the loan and the clear loan period.

4. The specific date of repayment should be clearly written, but it is not necessary;

5. The interest of the loan should be clearly written, there should be a clear annual interest rate or monthly interest rate, and the total amount of loan interest (including uppercase and lowercase amounts) that should be paid in the end;

6. The date, time and payment method of repayment of the principal and interest of the loan should be clearly written;

7. There should be a signature, handprint or handwritten signature of the borrower himself;

8. If the amount is large, you can ask a third party to witness and sign. Wangpin.

First of all, both parties to sign the IOU must have full capacity for civil conduct, secondly, the intention of both parties to borrow is true and missing, and the IOU should clearly state the full legal names of the borrower and the lender, clearly write down the amount of the loan, including the uppercase and lowercase amount, clearly write down the time limit of the loan, including the starting year and date of the loan and a clear loan term, write clearly the specific year, month and date of repayment, write clearly the interest on the loan, have a clear annual interest rate or monthly interest rate and the total amount of interest on the loan that should be paid in the end. Write down the date, date, time and payment method of repayment of the principal and interest of the loan, and add the signature of the borrower himself, handprint or handwritten signature at the end of the return to the state, and the content of the IOU itself does not violate the mandatory provisions of laws and administrative regulations, so that it can take effect. Legal basis: Article 143 of the Civil Code?

A civil juristic act that meets the following conditions is valid: (1) the actor has the corresponding capacity for civil conduct; (2) The expression of intent is true; (3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

First, the main body. It is necessary to clearly express the subject of the creditor's rights and debts, that is, who is the creditor and who is the debtor (note the ambiguity of the word "borrow") to be clear, when the natural person is the subject, the name on the ID card should be checked, the resident ID number should be copied on the IOU when conditions permit, and the official seal of the unit should be stamped when the legal entity is the main body of the code.

II. Subject Matter. The unit of the amount should be clear, the amount should be written in traditional Chinese, and the ratio should be clear percentage, 10000 percent, and 10,000 percent.

3. Content. Be clear and take care to avoid ambiguity. The date of return should be clear, and if there is an interest agreement, it should be stated, otherwise it will be deemed to be pure and interest-free according to law, and if there is a liquidated damages agreement, it should be stated. If there is a guarantor, the method of guarantee should be indicated and the guarantor should be indicated.

4. In duplicate.

It is advisable to have two copies of the documents, one for each party. As a quick and convenient way to confirm, in general, the documents are handwritten, and the issuer is specific, that is, written and sealed by the debtor, borrower, and recipient, but in reality, there are many cases where the creditor, lender, and giver write and then sign by the debtor, borrower, and receiver. In this case, if the debtor, borrower, and receiver do not have the same slip in their hands, and the writer has manipulated the only remaining slip, such as adding the amount of the loan, how can the signatory defend it?

On the other hand, if there are two identical (duplicate) documents, it will not only be futile but also emotionally hurtful.

As long as the other party signs or presses the fingerprint, such an IOU can be lenient in law, and with the consent of the other party, the two parties reach a common agreement, and Wang Shenliang can take effect in the law.

It is necessary to sign or seal or press the fingerprint, the specific time, place and amount, and write it clearly. . .

Summary. Dear, I am glad to answer for you: the IOU is not written in law if it is not the true meaning of the debtor, it is not valid.

If the following conditions are met, the IOU will not be valid. The debtor does not have the corresponding capacity for civil conduct. The expression of the intention of the debtor in the IOU is not the true intention of the debtor.

IOUs that maliciously collude to harm the interests of the state, the collective, or a third party. IOUs in which the content is illegal, or in a legal form that conceals an illegal purpose, such as: IOUs generated by gambling, smuggling and other activities; The IOU does not contain the signature of the debtor himself or the signature of the debtor is forged by another person.

Dear, I am glad to answer for you: the IOU is not written in law if it is not the true meaning of the debtor, it is not valid. If the following conditions are met, the IOU will not be valid.

The debtor does not have the corresponding capacity for civil conduct. The expression of the intention of the debtor in the IOU is not the true intention of the debtor. IOUs that maliciously collude to harm the interests of the family, the collective, or a third party.

IOUs in which the content is illegal, or that conceal illegal purposes in a legal form, such as: Li Yin's IOUs arising from gambling, smuggling and other activities; There is no signature of the debtor in the IOU or the signature of the debtor forged by others.

Legal basis: Article 674 of the Civil Code The borrower shall pay interest within the agreed period. Where there is no agreement on the time limit for the payment of interest or the agreement is not clear, and it is still uncertain in accordance with the provisions of Article 510 of this Law, and the loan period is less than one year, it shall be paid together with the return of the loan; If the loan period is more than one year, it shall be paid at the end of each year, and if the remaining period is less than one year, it shall be paid together with the return of the loan.

Article 675 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 Zhao Fuqin 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.

Generally speaking, if the IOU is not written well, there will occasionally be an invalid situation, so how to write the IOU is invalid? The next is brought to youHow to write an IOU is invalidI hope it can help you.

OneHow to write an IOU is invalid

An IOU will be considered invalid if it does not meet any of the following:

1. It must be able to prove the fact of debt. The IOU should have clear necessary elements such as the debtor, the creditor, the time and amount of the loan.

2. It must be an expression of true meaning. If this IOU must be made voluntarily by both parties.

3. The process of obtaining the content of the IOU does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.

2. Is the statute of limitations 20 years for an IOU lawsuit?

1. An IOU is a 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 arrears, and finally the signature or seal of the debtor, and the date of issuance of the IOU.

2. The law stipulates that the statutory limitation period for IOUs is 2 years, and for IOUs that have indicated the date of performance of the arrears, the limitation period 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 IOUs are issued by the debtor.

3. What is the starting point of the statute of limitations for IOUs?

1. The IOU represents a loan contract relationship, and the date of issuance of the IOU generally marks the time when the contract is established. From the perspective of the statute of limitations, if the IOU indicates the date of repayment, then the statute of limitations is calculated for 3 years from the day after the date of repayment; If the repayment date is not specified, it indicates that the contract is a contract with an unclear performance period, and both the General Principles of the Civil Law and the Contract Law stipulate how to perform a contract with an unclear performance period. In fact, the non-performance period of the debt clearly belongs to the situation where the performance period has not expired, and although the creditor has the right to require the debtor to perform the debt at any time, it must give the other party the necessary time to prepare.

2. If the debtor indicates immediate performance at the time of the creditor's reminder, but in fact fails to perform, the statute of limitations shall be calculated from the day after the reminder;

3. If the parties reach a consensus through consultation and determine a clear time limit for performance, but in fact, the parties change the content of the contract and turn the debt with an unclear performance period into a debt with a clear performance period, then if the debtor fails to perform the debt at the expiration of the time limit, the statute of limitations shall be calculated from the day after the expiration of the time limit; If the parties fail to reach an agreement on the time limit for performance, the statute of limitations shall be calculated from the day after the expiration of the reasonable period after either party has proposed a reasonable time limit for performance.