Someone else borrowed a sum of money from me, and I couldn t find the IOU at home

Someone else borrowed, the IOU can't be found, don't say it's lost in the end, to prevent the borrower from having bad intentions, you can call ** to say that you need money, and repay the loan within a week (try to explain the time and number of loans clearly), if the other party does not repay the money, ** recording can also be used as evidence to prosecute. As long as the conditions for filing a lawsuit are met, the court will accept it.

Article 119 of the Civil Procedure Law: A lawsuit must meet the following conditions:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

2) There is a clear defendant;

3) There are specific litigation claims, facts, and reasons;

4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

Don't make a noise until now, then look for it at home. If you really can't find it, you can think of making a recording in the presence of others as circumstantial evidence. It is also possible to reach a separate repayment agreement with him, and the new repayment agreement states that the IOU previously written is invalid, so that he can rest assured that he does not need to collect the IOU.

But until then, it is better to keep the IOU secret.

1.Look for it yourself, ask your family if you have seen it, and ask them to help you find it.

2.If you really can't find it, you can find the party to explain the situation and make up another one.

3.If the parties do not admit it, they can also find witnesses, and there should be a good way to solve this.

If the borrower is honest and reliable, and is willing to take the initiative to repay the money, he only needs to sign a statement from the other party: "The money has been paid off, and the original IOU is invalid." "That's it!

If the borrower wants to be a cheater, it will be more troublesome, because the law is about evidence.

Then it depends on the credibility of the person, and whether the person can be found???

If the borrower cannot be found with the IOU, then the creditor can sue in court.

1. The plaintiff shall prepare the identity information of both the plaintiff and the defendant (if the defendant is a unit, it shall provide the industrial and commercial registration information, organization certificate), the complaint and the corresponding evidence materials to the court case filing division for filing.

The original of the pleadings and evidentiary materials shall be submitted to the court, with corresponding copies according to the number of defendants.

2. After the court decides to accept the case, the case acceptance fee shall be paid according to the notice of the court.

3. According to the court's arrangement of production, conduct first-class trial and mediation or judgment.

4. If the other party does not repay the loan within the specified time after the mediation or judgment takes effect, the plaintiff may apply to the court for compulsory enforcement.

1. What are the precautions for writing IOUs?

First of all, the writer of the IOU must be written by the borrower, not by the lender, which can prevent the borrower from refusing to recognize the validity of the IOU on the grounds that the lender has written the content without authorization.

Secondly, the IOU should be as concise and clear as possible, and do not use ambiguous language, such as: A borrows B 10,000 yuan. Such language does not make it clear who is borrowing money from whom, and it should use "lend" instead of "borrow", and there is no clear direction.

Do not write the reason for the IOU, for example: for what reason to borrow money from the parties, this has nothing to do with the IOU itself, if you join it, it may produce a conditional lending civil act, causing the borrower to invoke the conditions to defend.

Also, try to attach the ID numbers of the borrower and lender and reflect them in the IOU, so as to avoid the unnecessary process of identifying the parties to the IOU. Because, sometimes the name used in everyday life is different from the name on the identity card, if the borrower uses a pseudonym or a nickname and communicates and writes an IOU, then the signature of the IOU is seriously flawed.

Last but not least, the borrower's signature must be seen with his or her own eyes, if the borrower uses someone else's hand to sign the name, it will cause the IOU to lose its probative force, so do not accept an IOU that has already been written or an IOU that is written after the fact, and must ask the borrower to write the IOU in person.

1. If there is a person on the debt, the creditor's right shall be claimed from the guarantor. In order to ensure the realization of the creditor's rights, a guarantor is set up to pay off the debts to the creditor if the debts cannot be paid off or cannot be repaid when due. The guarantor may recover from the debtor after paying off the debt.

2. Check whether the property is the joint property of the husband and wife. The joint debt is paid by both spouses with their joint property, so if the debt is a joint debt, the creditor can claim against the debtor's spouse.

3. File a lawsuit with the court. During the trial, the trial is conducted in absentia, and the court examines the proof of creditor's rights submitted by the creditor, and then makes a judgment. Debts that cannot be paid off after the judgment takes effect may be subject to an application for enforcement.

4. Apply for a declaration of disappearance and claim creditor's rights against the debtor's property custodian.

Legal basis] Article 43 of the Civil Code provides that the taxes, debts and other expenses payable by the missing person shall be paid by the property custodian from the property of the missing person.

If there is an IOU that cannot be found, a lawsuit may be filed with the people's court, and the creditor may apply to the court to declare the debtor a missing person, and then the custodian will pay the debt from the property of the missing person.

1. What should I do if the debtor runs to the court and sues and can't find anyone.

1.The creditor applies to the court to declare the debtor a missing person, and then the escrow pays the debt from the missing person's property.

2.Within the limitation period, the creditor may directly file a lawsuit with the people's court at the debtor's original place of residence or the place where the property is located to recover the debt. If a third party provides a guarantee at the time of the original loan, if the guarantor is sued together within the guarantee period, the guarantor will be sued together and requested to bear the corresponding guarantee liability.

2. What should I do if I can't find someone if I don't pay back the arrears?

If the debtor cannot be found, the creditor can bring relevant evidence to the court to sue Que Minyu and demand repayment. After the creditor files a lawsuit, the people's court serves a summons on the debtor by means of public notice. Even if the debtor is absent, the trial can still take place.

If the debtor's whereabouts have been unknown for two years, the creditor, as an interested party, may apply to the court for a declaration of his disappearance, and then the escrow will pay the arrears from the property of the missing person. The creditor shall file a lawsuit within the statute of limitations.

3. What should I do if I owe money and can't find anyone.

Creditors who owe money and can't find someone can also file a lawsuit in court. After the case is filed, the people's court generally summons the debtor in the form of public notice. If the debtor does not file a lawsuit after the expiration of the notice period, the court will make a default judgment.

After a default judgment, the court may, on the application of the creditor, auction the debtor's house or property to pay off the debt, even if the debtor cannot be found. If the debtor's whereabouts have been unknown for two years, the creditor, as an interested party, may apply to the people's court for a declaration that the debtor is missing. The debt is paid by the custodian from the property of his or her missing person.

Civil Procedure Law of the People's Republic of China

Article 3: The provisions of this Law apply to people's courts' acceptance of civil lawsuits raised between citizens, legal persons, and other organizations, as well as between them on the basis of property and personal relationships.

Article 185:After people's courts accept cases of declarations of disappearance or death, they shall issue a public notice searching for persons whose whereabouts are unknown. The period for the declaration of disappearance is three months, and the period for the declaration of death is one year. Where the whereabouts of the citizen are unknown due to an accident and it is proved by the relevant authorities that the citizen is unlikely to survive, the period for announcing the death shall be three months.

At the completion of the public notice period, the people's court shall make a judgment declaring the disappearance or death or rejecting the application based on whether the facts of the declaration of disappearance or death have been confirmed.