What happens if the debtor doesn t sign? Is an IOU valid only with the signature of the person in ar

Don't want to pay back. I don't want to sign it yet.

I don't borrow it. To borrow money, write an IOU, indicate the ID number, current address, **, and stamp your fingerprint.

Find a guarantor, it's more secure.

IOUs and IOUs have different meanings in the field of judicial practice: 1. IOUs prove the loan relationship, and IOUs prove the arrears relationship. 2. There must be a borrowing relationship in IOUs, while IOUs do not necessarily have a borrowing relationship (i.e., a cash-flow relationship).

3. The IOU is formed on the basis of the fact of borrowing between the two parties. The facts on which the IOU is based are varied, such as arrears arising from sales and purchases, arrears arising from economic disputes, arrears arising from tortious acts, arrears arising from criminal acts, and so on. 4. The roles played in the trial of the case are different:

If a lawsuit is filed solely on the basis of an IOU, it is difficult to obtain the support of the collegial panel, and it is also necessary to explain the reasons for the formation of the arrears and provide relevant evidence to the court (for example, in the case of economic disputes, the contract should be provided). In general, there is no need to prove the reason for the formation of an IOU, and it is only necessary to explain the time of the loan to the collegial panel. 5. The starting point of the statute of limitations is different:

If there is no clear repayment period, the lender can request repayment from the borrower at any time, and the statute of limitations starts from the time the right holder asserts its rights. Where the right holder claims rights again, the provisions on the interruption of the statute of limitations shall apply. However, if the lender does not assert its rights within 20 years of the borrower's IOU, the statute of limitations no longer runs.

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Legal analysis: valid, as a kind of creditor's right certificate, as long as the creditor and the fact of arrears can be determined, even if there is only the signature of the debtor, and there is no signature or seal of the creditor. The IOU does not necessarily require the signature or seal of both the creditor and the debtor to be valid, and the key to the validity of the IOU lies in whether the fact of arrears can be proved.

Even if the IOU is formally flawed, the existence of the fact of arrears can be determined through the comprehensive combination of relevant facts.

Legal basis: 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 files a lawsuit with the people's court, it shall provide IOUs, receipts, IOUs and 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 after trial, it rules to dismiss the lawsuit.

The first thing can be resolved through mediation. If the debtor still refuses to repay the loan, the party concerned can collect evidence such as contracts, invoices, and receipts, and file a lawsuit in court. It should be noted that the statute of limitations for non-payment is two years.

1. What should I do if the customer is in arrears and does not sign?

In the case that the customer is in arrears and does not sign, the parties can collect evidence, such as contracts, invoices, receipts, etc.; Then sue the court to demand that the other party settle the payment. The statute of limitations for arrears of payment is 2 years, and the parties can collect information and file a lawsuit in court within the 2-year statute of limitations.

The statute of limitations for disputes over payment and the statute of limitations for arrears of payment

1.The statute of limitations for non-payment is two years.

2.For IOUs that have indicated the date of performance of the payment for the goods, the limitation period shall be calculated from the date on which the date of repayment of the payment is indicated.

3.For IOUs that do not indicate the date of performance of the payment for goods, the limitation period for litigation shall be calculated from the day after the debtor issues the IOU.

4.If the debtor re-issues an IOU that has exceeded the statute of limitations for a payment dispute, the statute of limitations shall start running again.

2. The specific prosecution process is as follows:

1. Prosecution. That is, to file the complaint with the case filing division of the court with jurisdiction.

2. Case filing and review.

If the conditions for filing a case are met, notify the parties to pay the litigation fee within 7 days, and file the case after paying the fee; If the requirements for filing a case are not met, it will be ruled inadmissible.

If they are not satisfied with the ruling to dismiss the lawsuit, they shall appeal to the people's court at a higher level within 10 days.

After acceptance, the court shall serve a copy of the complaint on the opposing party within 5 days, and the opposing party shall make a reply within 15 days, notify the parties to exchange evidence, and make a ruling on property preservation according to the application of the parties, and immediately begin enforcement.

3. Scheduling**.

Notify the parties of the time, place and undertaker 3 days in advance; Public announcements are to be made 3 days in advance for cases that are tried in public.

4. ** Trial.

Announce **, check the parties' envy, announce the members of the collegial panel, inform the parties of their rights and obligations, and ask whether they have applied for recusal.

Court investigation: The parties state the facts of the case.

Court debate: The parties argue and argue on the disputed factual and legal issues.

Court mediation: Under the auspices of the court, the parties agree to settle the dispute.

If a mediation agreement is reached, a mediation agreement is drafted, and it takes effect after both parties sign and receive it, and the parties perform the content of the mediation agreement or apply for enforcement; If no mediation agreement is reached, the collegial panel shall make a ruling (pronouncement of judgment) in its deliberations.

5. Pronouncement of judgment. Agreeing to the judgment, the parties automatically perform the obligations determined in the judgment document or submit an application for enforcement to the court of our court; If you do not agree with the referee, you need to be treated differently according to the circumstances

Ruling: Appeal to the higher people's court within 10 days from the date of service;

Judgment: Appeal to the higher people's court within 15 days from the date of service.

Normally, for such cases, it is recommended that you try to resolve them through mediation. If the debtor still refuses to repay the loan, the party should consider filing a lawsuit with the court to settle the problem, and before that, must collect as much evidence as possible to strengthen themselves, so as to have a greater chance of winning the lawsuit.

No. IOU is a kind of contractual relationship, that is, a creditor's relationship, there must be two parties in this relationship, and the IOU is equivalent to the loan contract, which must be the true expression of the intention of both parties, so without the signature of the borrower, it cannot be said that the IOU is the true expression of the borrower's intention, so the contract, and the IOU is not effective and has no legal effect. 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 and pays interest.

Article 668:The loan contract shall be in written form, except where there is a separate agreement between natural persons on the loan. The content of the loan contract generally includes the type of loan, currency, purpose, amount, interest rate, term and repayment method.

Article 153 of the Civil Code, which came into effect on January 1, 2021? Civil juristic acts that violate the mandatory provisions of laws and administrative regulations are invalid. However, the mandatory provisions do not lead to the invalidity of the civil juristic act.

Civil juristic acts that are contrary to public order and good customs are invalid. Article 154? Civil juristic acts in which the actor maliciously colludes with the counterpart, harming the lawful rights and interests of others, are invalid.

If you owe money and have not yet signed, you can find a way to get the other party to admit the fact of arrears, collect transfer vouchers or audio recordings, etc. If it is necessary to sue the other party, it is necessary to prepare a complaint, submit the identity certificate of the parties, and definitely collect evidence as the basis for the prosecution to ensure the success of the lawsuit.

What to do if you owe money and have not signed yet

1. For those who do not repay the debt, you can choose to sue, provided that there is evidence and it is within the statute of limitations.

2. The evidence includes IOUs, audio recordings, payment vouchers, etc., and the IOUs should be original and cannot be altered or photocopied in any way.

3. If the date of repayment is indicated, the statute of limitations shall be within two years from the date of expiration of the IOU; If there is no repayment date, you can request repayment at any time, within two years from the date of the first recovery.

4. After the court makes a judgment, if the other party cannot apply to the court for compulsory enforcement, the debtor can also be detained if he maliciously defaults. In the event of the death of the debtor, it may be paid off from his estate.

1) Payment of litigation fees.

The litigation fees shall be paid in advance by the plaintiff at the time of filing the lawsuit, and the issue of bearing the litigation fees shall be determined according to the circumstances of the case after the conclusion of the case. If the defendant loses the lawsuit, the defendant shall bear all the legal costs; If both parties win, the costs are to be shared between the parties or to be determined by the court.

2) In general, the following materials should be submitted when initiating a lawsuit.

1) An original copy of the complaint, with copies according to the number of defendants;

2) Proof of the qualifications of the parties (including plaintiffs, defendants, third parties, etc.);

3) Evidence of the Court's jurisdiction;

4) Other evidence.

3) Evidence to be submitted for private lending disputes.

1) Loan agreement or IOU;

2) If there is a guarantor in the loan relationship, evidence of the guarantee;

3) Proof of delivery and receipt of money by both borrowers and borrowers;

4) Proof of the purpose of the debtor's borrowing;

5) Proof that the debtor should pay interest;

6) If the creditor requires the debtor to repay the overdue interest, or the unscheduled interest-free loan is not repaid after being recalled, and the creditor requests the repayment of the interest after the reminder, there shall be evidence that it is not repaid when due or after being reminded;

7) If the debtor's whereabouts are unknown, there shall be relevant evidence to prove the authenticity of the creditor's rights certificate and the repayment of debts;

8) Proof of payment and interest.

If the party sues without an IOU, he can choose other things as evidence, such as audio recordings, payment vouchers, etc. In other words, in an IOU lawsuit, the IOU is not the only evidence, and of course its probative force is certainly stronger than other evidence.

To sum up, if the money owed has not yet been signed, you can find a way to get the other party to admit the fact of arrears, and the creditor can only protect his best interests if he has collected sufficient evidence, such as transfer records, chat records or witness testimony.