Someone owes me money, and I wasn t there when I wrote an IOU to me, and someone else forwarded it t

First, the IOU is valid. Your colleague should return the money to you by 1/1/09. If you don't, you can file a lawsuit in court, noting that it must be before the statute of limitations expires, i.e. before January 1, 2011.

Second, your case is a civil case and is not under the jurisdiction of the Public Security Bureau, so it is useless to call the police.

Third, "it is written how much money xx owes me, and it will be repaid on January 1, 09", which has legal effect.

Fourth, "What to do?" "To go through the legal process, you have to go to the court where the defendant is domiciled to file a lawsuit, the cause of the case: loan dispute.

The quickest solution is to find a way to make him repay the loan himself, avoiding the long process of civil litigation (to say the least, it will take half a year to get the effective judgment). For example, if you go to his unit to ask for money publicly and embarrass him, if you can't do it once, you will go several times; Go to his house and ask for money, and if you don't give it, you won't leave, etc.

Addendum] "Let me explain, he didn't borrow it in December, he borrowed it in May, because in October I started urging him, and I kept urging him for 2 months, and he was dragging it, and I knew he was also annoying, but I was in a hurry, so he wrote enough not to collect This IOU is useful, right?

I didn't press my hand, I didn't sign it."

As long as the IOU is handwritten by him and signed by him, it is valid. You are not asked to sign it, nor is it required to press his fingerprint. You take the IOU and go to court to sue.

If the IOU has the debtor's signature, fingerprint.

Yes has the force of law.

1. Is it okay for someone to borrow money from me and write an IOU?

1. Someone else borrowed money from me and wrote an IOU. An IOU that meets the following conditions is legitimate:

1) The parties have the corresponding capacity for civil conduct;

2) The meaning of the IOU is true, and there is no coercion, fraud, etc.;

3) The interest rate of the underserved slip is in accordance with the law;

4) the purpose of the loan is lawful;

5) Other conditions stipulated by law.

2. Legal basis: Article 667 of the Civil Code of the People's Republic of China.

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, except as otherwise agreed upon in the loan 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.

2. How long is the statute of limitations for IOUs?

The statute of limitations for IOUs is three years. For debts with an agreed repayment period, the statute of limitations is calculated from the date of expiration of the repayment period. If there is no agreement on the repayment period or the repayment period is unclear, the debtor may perform its obligations to the debtor at any time, and the creditor may also require the debtor to perform its obligations at any time, but the other party shall be given the necessary time to prepare.

Therefore, the three-year ordinary statute of limitations is calculated from the date on which the obligee asserts the right and the obligor refuses to perform the obligation.

Lending money to others without an IOU is more troublesome to pay back. Evidence that can be collected: 1. Evidence that can prove the relationship between creditor's rights and debts.

This can be someone else who knows about the loan at the time to prove the creditor-debtor relationship. 2. Transfer records that can prove the creditor's rights and debts. The transfer record can be the first to be cautious, such as WeChat transfer records or bank transfer records, which can prove the creditor-debtor relationship.

3. The chat records and recordings of the creditor's rights and debts between the two parties. Verified electronic evidence can also be used as valid evidence, so chat records and mobile phone recordings on mobile phones can also be used as evidence.

Article 108 of the General Principles of the Civil Law of the People's Republic of China [Repayment of Debts] Debts shall be repaid. If the debtor is temporarily unable to repay, the debtor may repay the loan in installments with the consent of the creditor or the ruling of the people's court. and where they have the ability to repay and refuse to repay, the people's court is to make a judgment to compel repayment.

Summary. Prosecution is not necessarily successful by virtue of the article alone. Where the plaintiff initiates a private lending lawsuit solely on the basis of proof of creditor's rights such as IOUs, receipts, and IOUs, and the defendant argues that the loan has already been repaid, the defendant shall provide evidence to prove its claim.

I borrowed money from someone else, wrote an IOU, but he didn't give me the money, but gave it to someone else, and now he sues me?

Hello. Wrote an IOU, but he didn't give me the money.

You wrote an IOU, and he gave the money to someone else, so didn't you receive the money?

So how did you agree to that?

In general, in this case, does the IOU say that you want to give the money to someone else?

Instead of receiving the money, he lent it to someone else a month ago.

Then you can make it clear to the court that you did not receive the money.

If you don't receive the money, you don't have to pay it back.

If the IOU stipulates that you borrow money, but the money is transferred to someone else's account, it is clearly agreed, in this case, you need to repay the money.

But if it doesn't say so on the IOU, you borrowed money and you didn't receive it, and he gave the money to someone else, that's someone else's business, and it has nothing to do with you.

Prosecution is not necessarily successful by virtue of the article alone. Where the plaintiff initiates a private lending lawsuit solely on the basis of proof of creditor's rights such as IOUs, receipts, and IOUs, and the defendant argues that the loan has already been repaid, the defendant shall provide evidence to prove its claim.

Legal Analysis: The absence of an IOU in a relationship of borrowing and repentance does not prevent prosecution. Generally speaking, the prosecution only needs to meet the conditions for prosecution, and the IOU as evidence in it does not affect the prosecution, but may have an impact on the final judgment.

Basis of the law: "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 the lender files a 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 lender and the lender. 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.

If 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 trembling stool lawsuit.