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1. If the boss is easy to talk to, you ask him to make up the IOU.
2. If he doesn't agree, then use recording.
The specific method is: prepare recording equipment, record a paragraph of what you said at the beginning, describe the cause and effect of borrowing money, and it is best to write a manuscript to read in advance; Then find the boss and ask him for money, pay attention to the time, place, amount of money and other elements of the loan, and let him admit that he did borrow your money, but did not pay it back. In this way, the recording evidence is in hand.
Then I find someone like a co-worker or a friend, and ask the boss for money again in front of them, so that there are more witnesses when I go to court. As for the babysitter, if she agrees to testify, that's the best. In this way, a chain of evidence can be formed, and the boss can't deny it.
Note that the recording should be continuous, not faked, preferably in public.
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Hehe, when do you lend me money and don't have to write an IOU?
For your kind of problems, you must first deal with it calmly, and not let the other party notice your vigilance. Then find an opportunity to ask him for it, pay attention to your tone, if he doesn't give it, you can politely tell him, "I also borrowed it from a friend (or relative), and I promised to return it to him at the end of October, since you can't raise money now, write me an IOU, lest my friend think that I lied to him." ”
In other words, the key now is to find a way to get the basis for borrowing money, so that it is possible to claim your money back through other means.
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You can find a way to get him to write you an IOU now, and the date will be fine today! If he doesn't write it, you don't have evidence, and it's a little difficult to get it back, and when he writes you an IOU now, it's not too late You can go to court.
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It is recommended that you find a professional lawyer to consult the following.
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Loans without an IOU can be recovered through negotiation, litigation, and other legal methods. However, the lender must collect other evidence that can prove the existence of the legal relationship between the lender and the lender in accordance with the law, such as transfer records, witness testimony and other evidence.
When the creditor makes the recording, it needs to call by the full name, clarify the identity of the debtor, and the focus of the conversation falls on the borrower, and if necessary, a third person is present to corroborate.
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Records of transfers or witnesses.
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The IOU of money lent by the boss to the company should clearly state the name of the boss, company information, the amount of the loan (in local and foreign currencies), the calculation of interest, the time of repayment, the penalty for breach of contract (delay in repayment), the method of dispute resolution, as well as the name of the debtor, the date of the loan, and other elements. As long as the name of the creditor, the amount of the loan, the name of the debtor and the date of the loan (although it was added later), the sail meets the main elements of the IOU and therefore has legal effect. Once a dispute arises, it can be used as evidence to claim the creditor's rights from the people's court, and the people's court will also accept it.
An IOU is a written document that indicates the creditor-debtor relationship, which is generally written and signed by the debtor, indicating that the debtor has owed the creditor the amount indicated in the IOU. An IOU is an IOU that is written to a person or a public person when they borrow cash or goods from the other party. After the money and property are returned, the slip maker takes back the slip, which is invalid or torn.
It is a voucher instrument. It is usually used in daily life as well as in the management of business. From a legal point of view, an IOU is a written document indicating the creditor-debtor relationship, which is generally written and signed by the debtor, indicating that the debtor has owed the debt of the amount specified in the creditor's IOU.
1. Writing matters of the IOU.
1.The full legal names of the borrower and the lender should be clearly stated, preferably with an ID number;
2.The amount borrowed should be clearly written, including the amount in uppercase and lowercase;
3.The time limit of the loan should be clearly written, including the start and end dates of the loan and the clear term of the loan;
4.The interest on the loan should be clearly stated, the annual interest rate or monthly interest rate should be clearly stated, the total amount of interest on the loan that should be paid (including the uppercase and lowercase amount), and the payment method.
5.The date, time and method of repayment of the principal and interest of the loan should be clearly stated;
6.There should be a personal signature, handprint or handwritten signature of the borrower.
7.If the amount is large, the purpose of the loan should also be indicated, or the payment record should be submitted.
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If the boss has any special circumstances, such as very difficult capital turnover, then you can sign an installment repayment agreement with the boss, but if the debtor does not want to repay the money, the creditor should ask for the debt through judicial channels such as arbitration or litigation.
1. What should I do if the boss owes money and does not have an IOU?
First, negotiate a solution. On the basis of equality and voluntariness, the parties shall reach a settlement agreement through friendly consultation, mutual understanding and mutual accommodation, and then resolve the dispute.
Second, mediation and settlement. Under the auspices of relevant organizations (such as people's mediation committees) or intermediaries, on the basis of equality, voluntariness, and legality, distinguish between right and wrong, clarify responsibilities, and promote the parties to reach an agreement on their own through presenting facts and reasoning, so as to resolve disputes.
Third, arbitration settlement. The parties to the dispute shall apply to the arbitration institution in accordance with the arbitration agreement or arbitration clause in the contract reached before or after the dispute, and the arbitration institution shall hear and make an award in accordance with the law, and the dispute shall be resolved through the parties' conscious performance of the award or the application of one party to the people's court for enforcement.
Fourth, litigation settlement. Settlement through litigation refers to the fact that one of the parties to the dispute files a lawsuit with the people's court in accordance with the law, and the court hears the case in accordance with the law, makes a judgment or ruling, and resolves the dispute through the parties' conscious performance of the effective judgment or the compulsory enforcement of the people's court.
2. What is the process of applying for pre-litigation property preservation if the money owed is not repaid
1. Apply for pre-litigation property preservation. It is up to the interested party to file an application with the court to which the suit is filed before filing a lawsuit.
2. The applicant provides clear clues.
3. The people's court for guarantee may order the applicant to provide a guarantee, and if the applicant does not provide a guarantee, the request for rejection.
4. Where a party is ruled to apply for pre-litigation preservation, the people's court must make a ruling within 48 hours after accepting the application, and once the ruling is made, it will take legal effect, and the party may not appeal if it is not satisfied, but may apply for reconsideration once, and the enforcement of the ruling shall not be stopped during the reconsideration period.
3. What are the contents of the application for property preservation?
The application shall contain the following particulars:
2) the subject matter of the request and the facts and reasons on which it is based;
3) The amount requested for preservation or the subject matter of the dispute;
4) Clear information on the property to be preserved, or specific leads on the property to be preserved;
5) Property information or credit certificates that provide security for property preservation, or reasons why security is not required;
6) Other matters that need to be specified.
If the debtor is his own boss, then the creditor must pay attention to some methods and skills when asking for debts, but it is impossible for the state to introduce relevant legal systems to specifically stipulate how to ask for debts. The methods and techniques of asking for debts in social life should be randomly adapted, but the way of asking for debts should not violate the law.
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Summary. Hello, when the borrower sees that there is no IOU, the creditor can collect other evidence that can prove the fact of arrears and recover the debt through litigation.
How to lend money to the leader, how to deal with it without an IOU.
Hello, when the borrower sees that there is no IOU, the creditor can collect other evidence that can prove the fact of arrears and recover the debt through litigation.
According to Article 2 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases, when a lender files a lawsuit with the people's court, it shall provide IOUs, receipts, evidence of creditor's rights such as crude IOUs, and other evidence that can prove the existence of the legal relationship between the lender and the lender. If the creditor's rights vouchers such as IOUs, receipts, and IOUs held by the parties do not indicate the creditor, and the party holding the creditor's rights vouchers files a private lending lawsuit, the Renwei Town 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 qualifications of a creditor after trial, it rules to dismiss the lawsuit.
Do you have any transfer records and chat records at that time?
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Legal analysis: 1) The title of the title IOU can be composed of two ways: first, it is directly composed of the name of the language.
That is, write the word "IOU" in the middle of the upper part of the text. Second, after the first line of two blank spaces, quietly write "borrowed today" as the title, and the rest of the text is written in the top box of the next line, which is actually a way to write an IOU without the title.
2) The main body of the text should indicate the following contents: secondly, the specific date or approximate time of the restitution should be indicated, and if there are more complicated circumstances, the specific method of return should be indicated.
3) The name of the unit and the name of the person handling the IOU or the name of the individual borrower should be written on the payment. If necessary, it needs to be stamped with a public (private) seal to show responsibility. The word "borrower" is generally written in front of the name of the unit or individual.
The specific time of borrowing money should also be written on the signature. Write the year, month and day completely, not just the month and day.
Legal basis: Civil Code of the People's Republic of China
Article 667 A loan contract is a contract in which the borrower borrows money from the lender and returns the loan and pays interest when due.
Article 680:Usurious lending is prohibited, and the interest rate on loans must not violate the relevant provisions of the State. If there is no agreement on the payment of interest in the loan contract, it shall be deemed to have no interest. If the loan contract is not clear about the payment of interest, and the parties are unable to reach a supplementary agreement, the interest shall be determined in accordance with factors such as the local area or the parties' transaction methods, trading habits, and market interest rates; Where natural persons borrow money between themselves, it is deemed that there is no interest.
You can sue him, but most likely you will be expelled.
Don't care too much, in fact, how much is the mind, do what you can, hard work is the support of the boss, if the boss has a bad attitude towards you because of this, then it can only mean that your boss is narrow-minded, calculating, short-sighted, but I feel that the boss will definitely pay more attention to the work performance and self-motivation of employees. Don't worry, work hard.
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