The loan has been due for two years, and then how to write an IOU

The loan has been due for two years, and if the loan cannot be repaid, the debtor should write a repayment plan.

The repayment plan should include the creditor and the debtor, including their details, repayment content, security issues, creditor liability, debtor liability, and liability for breach of contract.

Repayment Plan (Template).

Creditors:

Debtor:

After friendly consultation, the two sides have agreed on the relevant matters as follows:

Article 1 Repayment content.

1. Repayment amount: RMB.

2. Repayment period: from the date of signing this agreement to the debtor to pay off before the date of the year, month and day.

3. Interest rate: according to the interest rate, specifically:

Article 2 Guarantee.

The debtor will serve as collateral for repayment. Mortgage term: from the effective date of this agreement until the debtor pays off all the amounts and interest rates of the creditor in connection with this contract.

Article 3 Obligations of the Parties.

1) Obligations of creditors:

1. Keep the documents of the collateral handed over by the creditor properly and shall not be lost or damaged.

2. After the creditor pays off all the sums specified in this agreement when due, the documents of the collateral shall be handed over to the creditor in full.

b) Obligations of the debtor:

1. The arrears and interest rate to the creditor shall be repaid on the initiative according to the time specified in this agreement.

2. The debtor delivers the certificate of ownership of the collateral on the date of signing the agreement.

Article 4 Liability for breach of contract.

If the debtor fails to pay the arrears and interest to the creditor in accordance with the contract due to its own liability, the debtor shall be liable for breach of contract.

Article 5 This contract shall come into force after witnessing.

This contract shall be in six copies, two copies of each of A and B, and two copies shall be retained by the witnessing unit.

Specify the borrower's information, the purpose of the loan, the amount of the loan, the purpose of the loan, the date of the loan, the date of repayment, and the ...... of liquidated damages

Legal Analysis: You can rewrite it, start with a brief description of the previous IOU, and then agree on a new repayment term.

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

Article 667: A contract is a contract in which the borrower borrows money from the lender and returns the loan and pays interest when due.

Article 668:Contracts shall be in written form, unless otherwise agreed upon in the borrowing 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 In the loan contract, the borrower shall, in accordance with the requirements of the lender, provide the true information about the business activities and financial status related to the loan.

Legal analysis: After the IOU expires, the debtor does not guess to repay the debt, and the IOU can be re-issued by mutual agreement

1. The basic identity information of both parties;

2. The reason and time of the debt;

3. Write that the IOU is an IOU that was supplemented later.

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 initiates a private lending 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 a legal relationship between lending.

After the IOU expires, the debtor does not return the debt, and the IOU can be re-issued by both parties through consultation

1. The basic identity information of both parties;

2. The reason and time of the debt;

3. Indicate that the IOU is a later supplemental IOU.

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 initiates a private lending 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 a legal relationship between lending.

Legal Analysis: A loan contract is a contract in which the borrower borrows money from the lender and returns the loan at maturity and pays interest. The loan contract shall be in written form, except for the balance of the loan between natural persons, unless otherwise agreed between natural persons.

The content of the loan contract includes the type of loan, currency, purpose, amount, interest rate, term and repayment method. Issues that need to be paid attention to when the IOU expires and is rewritten: 1. The IOU is statute of limitations.

After the expiration of the IOU, if the other party cannot repay the money, then from the second day of the maturity date, the IOU will be statute of limitations, and within two years, if the creditor does not sue, after the expiration, the court will not do anything to provide compulsory protection. 2. If the other party does not repay the loan after the expiration of the IOU, a new repayment agreement can be re-signed.

IOU: Party A ID Number:

Borrow Party B's ID number: RMB (uppercase yuan) on the date of the year, month, and day.

The original agreement was to be repaid before the date of xx-xx-xx, but now the repayment cannot be made on time due to reasons, and the repayment date is extended to XX-XX-DD after consultation between the two parties. The interest on the loan is:

Borrower:

YYYYYYYYYYYYYYYYY

Legal basis: Civil Code of the People's Republic of China Article 134: Civil juristic acts may be established on the basis of the unanimous expression of intent of two or more parties, or may be established on the basis of a unilateral expression of intent. Where legal persons or unincorporated organizations make resolutions in accordance with the methods of deliberation and voting procedures provided for in laws or charters, the resolution is established.

Legal analysis: If you want to renew the IOU when the loan expires, you must first add the interest plus the principal together as the principal, and then calculate the interest according to the time and interest rate of the re-borrowing, and then write how much the principal interest should be repaid when it is due, the starting time, and the maturity time.

Legal basis: "Provisions on Several Issues Concerning the Application of the Statute of Limitations in the Trial of Civil Cases" Article 6 Where a contract without a time limit for performance can be determined in accordance with the provisions of Articles 61 and 62 of the Contract Law, the limitation period is calculated from the date on which the time limit for performance expires; If the time limit for performance cannot be determined, the limitation period shall be calculated from the date on which the grace period for the creditor to require the debtor to perform its obligations expires, but if the debtor clearly indicates that it will not perform its obligations when the creditor claims its rights against it for the first time, the limitation period shall be calculated from the date on which the debtor clearly indicates that it will not perform its obligations.

If the loan expires, you can also recalculate the amount of the loan and then re-issue the IOU. An IOU is valid for more than a period of time, but there is a statute of limitations. There is no clear provision in the law, and it needs to be analyzed in light of the actual situation.

If the IOU expressly stipulates the time of repayment, the statute of limitations shall be calculated within 3 years from the agreed time for repayment.

If the date of repayment is not stated on the IOU, the creditor can demand repayment from the debtor "at any time", and the debtor can repay the creditor "at any time". If the time of repayment is not specified, the statute of limitations is indefinite, and the maximum statute of limitations is 20 years; The lawsuit is filed within 3 years from the time when the right is known or should have been known, that is, the repayment time is calculated 3 years. IOUs and IOUs are both documents of creditor's rights, and their legal effect is not high or low.

When the debtor issues the IOU, the right holder already knows that his rights have been infringed; 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 two years from the date of issuance of the IOU. An IOU is a two-year statute of limitations calculated from the date of the borrower's refusal to perform the obligation. After three years, the creditor's claim will no longer be protected by law and will lose the right to prevail in the lawsuit.

Article 188 of the Civil Code provides that the statute of limitations for filing a request for protection of civil rights from the People's Court is three years. Where the law provides otherwise, follow those provisions.

The limitation period is calculated from the date on which the right holder knows or should know that the right has been damaged and the obligor. Where the law provides otherwise, follow those provisions. However, if more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not grant protection, and where there are special circumstances, the people's courts may decide to extend the rights holder on the basis of the right holder's application.

Article 189 of the first round [Statute of Limitations for Installment Performance of Debts] Where the parties agree to perform the same debt in installments, the statute of limitations period is calculated from the date on which the last period for performance expires.

Article 190.

Statute of limitations for the right of claim against the statutory ** person] The statute of limitations for the claim of a person who has no or limited capacity for civil conduct shall be calculated from the date of termination of the statutory **.

1. Which IOUs are not protected by law.

Knowing that the other party is borrowing money for illegal activities. If the lender clearly knows that the borrower is borrowing money for the purpose of carrying out illegal activities, the lending relationship is not protected.

IOU: Party A's ID Number: Borrow Party B's ID card on the date of the year, month and day

The surplus of the people is ruined and the currency is blind and wide yuan (capitalized yuan). The original agreement was to be repaid before the date of xx-xx-xx, but now the repayment cannot be made on time due to reasons, and the repayment date is extended to XX-XX-DD after consultation between the two parties. The interest on the loan is:

Borrower: YYYYYYYYYYYYYYYYYYYYYYY

Article 206 of the Contract Law of the People's Republic of China [Time limit for repayment of loans] 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 61 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.