IOU issues Ask a professional lawyer to come in

1. You can sue. Filing a lawsuit requires the plaintiff to pay the court costs in advance. If the person cannot be found, the court will issue a notice to respond to the lawsuit in the people's court newspaper after the lawsuit is filed, and if the notice period does not come, the trial can be made in absentia.

The verdict is then published in the newspaper, and after the announcement period, the verdict takes effect. After it takes effect, you can provide the court with clues about his property and apply for enforcement. If there is no property available for enforcement, the court will issue you a certificate of creditor's rights, and with this certificate, you can ask the court to enforce it whenever you find that he has property.

That is, there is no statute of limitations for debentures.

2. Now the court stipulates that the litigation fee for the subject matter of the litigation not exceeding 10,000 yuan shall be 50 yuan, plus other expenses of different names of local courts, and the total cost will not exceed 200 yuan.

3. Is there a repayment time written on the IOU? If not, then there is no statute of limitations for demanding the money back. If there is a time to repay, sue him within two years from the date of the last repayment.

But if you can prove that within two years of the last repayment date, you asked him for money, then the two-year statute of limitations will be recalculated from the day you ask for money.

1. If the statute of limitations of 2 years has elapsed, the court will not support it. Unless there is a reason for the interruption of the statute of limitations, such as filing a lawsuit, requiring him to repay the loan, writing a repayment plan, force majeure or even the inability to require him to perform his obligations.

2. If the statute of limitations has not expired, the lawsuit can be filed, but there must be a clear defendant (i.e., name, address), if the litigation documents cannot be served, the service can be announced and the judgment in absentia.

3. The litigation fee of 50 shall be borne by the loser, and the plaintiff shall pay in advance when suing, rather than whether he can be found. If you win the case and are unable to enforce it, the enforcement fee is 50.

In fact, the IOU is also called a personal loan contract, and the most formal way to write it is.

Loan contract.

Party A (borrower) :(fill in the order on the ID card).

ID Number:

Party B (lender) :(fill in the order on the ID card).

ID Number:

Party A and Party B shall reach the following agreement on the basis of equality, voluntariness and consensus on the loan matters, so that both parties shall abide by it.

1. Party B shall lend Party A RMB (capitalized) and deliver it to Party A in advance.

2. Interest on loans

3. Loan term:

4. Date and method of repayment:

5. Liability for breach of contract.

6. This contract shall come into force. This contract shall be executed in duplicate, one copy for each party, and the text of the contract shall have the same legal effect.

Party A (signature, seal): Party B (signature, seal): Date of signing the contract Date of signing the contract.

Hello, you should file a lawsuit in court. The litigation fee is 50 yuan.

What questions do you need?

About 3500 yuan.

You can ask for it back.

Legal analysis: According to general experience, an IOU is legal and valid as long as it includes the main contents such as the lender, the borrower, the amount of the loan, and the time of the loan. The standard IOU should have the following contents:

1. The full legal names of the borrower and the lender should be clearly written.

2. The amount of the loan should be clearly written, including the uppercase and lowercase amount.

3. The time limit of the loan should be clearly written, including the start and end dates of the loan and the clear loan term.

4. The specific date, month and date of repayment should be clearly written.

5. The interest of the loan should be clearly written, and there should be a clear annual interest rate or monthly interest rate, and the total amount of loan interest (including uppercase and lowercase amounts) that should be paid in the end.

6. The date, time and payment method of repayment of principal and interest should be clearly written.

7. There should be a signature, handprint or handwritten signature of the borrower himself.

8. If necessary, it shall be signed by the guarantor, and the guarantee period and responsibilities shall be clearly stated.

Legal basis: Article 667 of the Civil Code: A loan contract is a contract in which the borrower borrows money from the loan, returns the loan when it is due, and pays interest.

Article 668 of the Civil Code: The loan contract shall be in written form, unless otherwise agreed upon between natural persons.

It is okay to ask a lawyer to ** an IOU, because it does not actually have to be written by the debtor himself, unless the creditor explicitly asks that it be written by the other party himself. For such IOUs drawn up by others, the debtor will not have legal effect until he or she personally signs them at the settlement office.

1. Is it okay to ask a lawyer for an IOU?

1. It is okay to ask a lawyer to ** IOU, as long as it is signed by the debtor in person and the IOU is generally valid in accordance with the specifications.

2. The standard IOU shall have the following contents:

1. The full legal names of the borrower and the lender should be clearly written.

2. The amount of the loan should be clearly written, including the uppercase and lowercase amount.

3. The time limit of the loan should be clearly written, including the start and end dates of the loan and the clear loan term.

4. The specific date, month and date of repayment should be clearly written.

5. The interest of the loan should be clearly written, and there should be a clear annual interest rate or monthly interest rate, and the total amount of loan interest (including uppercase and lowercase amounts) that should be paid in the end.

6) The date, time and payment method of repayment of the principal and interest of the loan should be clearly written;

7. There should be a signature, handprint or handwritten signature of the borrower himself.

8. If necessary, it shall be signed by the guarantor, and the guarantee period and responsibilities shall be clearly stated.

2. How long does it take for an IOU to expire?

1. As long as it is legally signed, a real and valid IOU, no matter how long it takes, the IOU itself is valid. Time is only a matter of ensuring whether the statute of limitations has expired and whether it will be protected by the law.

As for the statute of limitations for IOUs, the statute of limitations for private loans depends on whether the repayment time is agreed, and if the repayment date is specified, then the statute of limitations will be calculated for two years from the day after the repayment date. If there is no time for restitution, the maximum statute of limitations is 20 years.

2. When the statute of limitations has expired, try to consider promoting the repayment agreement reached by both parties on the original IOU and IOU through friendly negotiation. If the parties reach a repayment agreement on the original debt, the repayment agreement is a new creditor's right and debt relationship, and the repayment agreement shall be protected by law.

3. If the statute of limitations has expired and the parties are unable to negotiate, one of the creditors may consider issuing a notice to the other party to collect the payment of the due date. If the debtor signs or seals the notice, it shall be regarded as a reconfirmation of the original debt, and the creditor-debtor relationship shall be protected by law.

Although it is possible to hire a lawyer to write an IOU, it is not a complicated contract after all, so it is not necessary to hire a lawyer. If you don't know how to write an IOU when you want to borrow money, you only need to understand the format of the IOU and the precautions for writing it in advance.

Yes, China's "Civil Procedure Law" does not require a lawyer to be appointed through the filing of a civil lawsuit, so if the creditor sues the debtor or not, it is up to the discretion to decide whether to hire a lawyer, and the issues to be paid attention to when filing a lawsuit are as follows:

1. Determine the jurisdiction of the court. When a debt dispute is filed, the court with jurisdiction is generally the court where the debtor is located, and if the two parties sign a contract, the court at the place where the contract is performed is generally under its jurisdiction.

2. The creditor should provide corresponding evidence, such as loan contracts, IOUs, IOUs, etc.

3. To file a debt lawsuit, a statement of claim must be submitted, which shall contain the detailed information of the plaintiff and the defendant, the request of the lawsuit, the facts and reasons, etc.

4. Pay attention to the statute of limitations when filing a lawsuit.

1. What are the main contents of the IOU?

1. Types of loans.

The types of loans are mainly divided according to the borrower's industry, the purpose of the loan, and the use of funds** and the way of use. For different types of borrowing, the national credit policy has different provisions on loan limits and interest rates, so as to reflect the credit principle of differentiated treatment and preferential support. Therefore, the loan contract must specify the type of loan, which is an indispensable main clause of the loan contract.

2. Borrowing currency.

The borrowing currency refers to the type of subject matter of the loan contract. In addition to RMB, the subject matter of the loan contract also includes some foreign currencies, such as US dollars, Japanese yen, euros, etc. The interest rate of borrowing varies from currency to currency, and the loan contract should clearly stipulate the type of currency.

3. Purpose of borrowing.

The purpose of borrowing refers to the scope and content of the use of the loan, that is, what kind of factors of production the loan is combined with in the process of production and reproduction, and it stipulates the direction of the use of the loan. The purpose of borrowing is determined by the type and conditions of borrowing, and banks strictly stipulate the various types of borrowing purposes and supervise the use of loans, which is conducive to ensuring the implementation of the state's industrial policy and the coordinated development of the national economy, and is also conducive to ensuring the safety of loans.

4. The amount borrowed.

The amount borrowed refers to the amount of money borrowed. Any contract must have a quantity clause, and a contract with only the subject matter and no quantity cannot be performed. Without the quantity, the size of the rights and obligations of the parties cannot be determined, and if the loan contract does not have the amount of the loan, it is impossible to determine the amount of money borrowed by the borrower, and the basis for calculating the loan interest is lost, so the loan contract cannot be established without the loan amount clause.