Is such an IOU protected by law?

Updated on society 2024-05-06
10 answers
  1. Anonymous users2024-02-09

    Simple and clear for you.

    1. Effective. 2. If the amount is huge and the amount is not repaid within the time limit or no one can be found at all, it can apply to the court for a "payment order" or go beyond the civil act --- report to the police.

    3. He hasn't paid it back two years after his return period (April 1, 2010), and you haven't tried to ask for it (for example, if he goes abroad, or you simply don't have any evidence to prove that you have to pay this money during these two years, the IOU will be invalid.

    4. No matter what, you still haven't asked for the money in 20 years, for example, you have claimed it on March 30 every two years, and the IOU continues to be valid, but after 20 years (April 1, 2020), the statute of limitations has passed, and the law does not protect you.

    I don't know the amount lent to you, if the amount is not large, it is actually difficult to do, and if it is a lawsuit, it is not enough trouble and related costs to prosecute. So it's best to solve it through reason.

    If the amount is indeed relatively large, such as tens of thousands, you can first threaten to sue to repay the money, or apply to the court for a "payment order", if you really don't pay it back, you can go to the court to sue, if you can't find anyone, you can call the police (provided that the amount is large), if it constitutes a crime of fraud, the public security organ will arrest him and prosecute (for example, he borrows money everywhere and does not repay the fund), since the IOU is valid, the court will sentence him to pay back the money, and if he does not pay it back, he can apply for enforcement (the court auctions his property).

    In reality, there are a lot of such troubles, and I hope that LZ will solve them smoothly

  2. Anonymous users2024-02-08

    If there is a handwritten signature of the person in arrears. At present, the grounds and conditions for invalidity are not visible from the written documents, and they can be considered valid.

  3. Anonymous users2024-02-07

    Since he signed it, the IOU must be protected by law, and even if it is sloppy, it can be identified by handwriting. The problem is that he doesn't have the money, what can he take to pay you back? The court is not able to enforce the law at all.

  4. Anonymous users2024-02-06

    1.This IOU is valid;

    2.If he hasn't paid you back after the repayment period (which started on April 2, 2010), you can go to court and sue him.

  5. Anonymous users2024-02-05

    Hello! If he has an IOU, of course, it is better to have a handprint, it doesn't matter if he doesn't have a signature, he is now 18 years old and has full civil capacity, so if he hasn't paid you back when it expires, you can apply to the court for enforcement, but you have to find a definite address where he can now contact him.

    You're all still students, so it shouldn't be too much! Anyway, if you want to borrow money later, you should say in person that you should make a good IOU and press your handprint, otherwise your friends will not have to do the last. I wish you success.

  6. Anonymous users2024-02-04

    Useful. As long as it's signed by his own hand. If you don't pay it back after the expiration date, you can sue him.

    It's best to help with someone else present.

    The other way is if no one else was present when you lent him the money.

    Find a witness

  7. Anonymous users2024-02-03

    Legal analysis: The legal private lending relationship is protected by law, and the borrower, the term of the loan, the term of repayment, and whether there is interest should be clearly stated in the case of the IOU.

    Legal basis: Civil Code of the People's Republic of China

    Article 667 A loan contract is a combination of a borrower borrowing money from a lender and returning the loan at maturity and paying 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.

  8. Anonymous users2024-02-02

    IOUs that meet the statutory requirements are protected by law. That is, an IOU that can prove the fact of debt, is an expression of the true intention of the parties, is obtained through legal channels or means, does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs, has legal effect. If the debtor fails to perform its debts in accordance with the IOU, the creditor may file a civil lawsuit with the people's court.

    Legal basisArticle 143 of the Civil Code.

    Civil juristic acts that meet the following conditions are valid:

    1) The perpetrator has the corresponding capacity for civil conduct;

    2) The meaning is genuine;

    3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

  9. Anonymous users2024-02-01

    IOUs that meet the requirements prescribed by law are protected by law. That is, the content that can prove the fact of the debt, is an expression of true intentions, is obtained through legal channels or means, does not violate the compulsory provisions of laws and administrative regulations, and does not violate public order and good customs, and has legal effect. If the debtor fails to perform the debt in accordance with the royal or IOU, the creditor may file a civil lawsuit with the people's court.

    Article 143 of the Civil Code of the People's Republic of China: Civil juristic enforcement and demolition are only valid if the following conditions are met: (1) The actor has the corresponding capacity for civil conduct; 2) The meaning is genuine; 3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

  10. Anonymous users2024-01-31

    IOUs that meet the requirements set forth in the law are protected by law. That is, the content that can prove the fact of the debt, is an expression of true intentions, is obtained through legal channels or means, does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs, and has legal effect. If the debtor is not stupid to perform the debt in accordance with the IOU, the creditor can file a civil lawsuit with the people's court.

    Difference Between IOU and IOU:

    1.The reasons for the formation are different.

    The reason for the formation of an IOU is a specific fact of borrowing; There are many reasons for the formation of IOUs, which can be based on a variety of facts, such as arrears arising from facts such as sales, labor services, and enterprise contracting. The legal consequences are different.

    2.The statute of limitations is different.

    The statute of limitations for IOUs and IOUs with an agreed repayment period is the same, but there is a difference between the statute of limitations for IOUs and IOUs without an agreed repayment period. For IOUs without an agreed repayment period, the lender may request repayment from the borrower at any time, and the statute of limitations shall be calculated from the time when the right holder asserts its rights, and the validity of the IOU shall be up to 20 years; If the IOU does not stipulate the performance period, it is a settlement of the past economic exchanges between the two parties, and the statute of limitations shall be calculated from the date of issuance of the IOU, and the right holder shall claim its rights with the people's court within three years from the date of issuance of the IOU.

    3.The burden of proof is different.

    Generally, the holder of the IOU only needs to briefly state the facts of the loan to the judge; The holder of the IOU must state to the judge the fact that the IOU was formed, and if the other party denies it, the holder of the IOU must provide further evidence to prove the fact that the IOU was formed.

    Legal basis]: Article 119 of the Civil Procedure Law.

    The following conditions must be met for a prosecution:

    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.

    Article 58.

    The parties and legally-designated persons may entrust one or two persons as litigants. The following persons may be appointed as the person who brings back the lawsuit:

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