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20-year-old people, should have basic common sense, some things should be tried to let him solve by himself, parents can't help him solve everything, right and wrong he should understand, as a parent, you should also believe that your child has the ability to solve problems. Since he dared to write that IOU, he should be prepared to bear the consequences.
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Don't pay attention to him, let him sue, he just wants to rely on money, since the dog was thrown out by himself, and it was not brought out by your son. Besides, if the dog is really lost now, don't you doubt it? Dogs are very intelligent animals and generally do not get lost
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Such people are pure scoundrels, and it is not wise for your son to have an IOU. He didn't tell you. You have to stay calm, don't get into a fight, and don't have to deal with him.
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I don't know what to do about this, do you want to help your friend find enough first? Good luck with a speedy solution.
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The arrears were bought from Li Si on the day of the month, and a dog worth one thousand eight hundred yuan was still owed, and it was paid off within a month
Zhang, three years, months, and days.
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1 Help someone to return the IOU, but you drop the IOU, you are at fault, you did not complete the entrusted matters, you are responsible.
2. The responsibility of you to drop the IOU and the repayment of the arrears are two civil legal relationships. The fact that you have dropped an IOU does not mean that one party does not admit that the debt has been repaid, and you need to pay it back.
3 You now need to understand how the arrears were repaid, and if there is evidence of repayment or if both parties are good faith, you can get rid of the liability.
4 If there is a dispute between the two parties on the repayment of the arrears, and you drop the IOU, you should now recall and collect evidence that someone saw the contents of the IOU or asked you to return the IOU, which can prove the existence of the IOU and you are also free from responsibility.
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Of course, it's better to meet someone who understands things, otherwise it's very difficult to do.
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There is responsibility, and the IOU cannot be written on behalf of others.
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If the creditor is in charge, you may have to bear some responsibility
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If the money is repaid, then the loan relationship between the creditor and the debtor has ended, and it does not matter if the IOU is lost. But the question is, what happens if the lost IOU is taken by the creditor or other third party and then sued? Article 16 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases stipulates that if a plaintiff initiates a private lending lawsuit solely on the basis of IOUs, receipts, IOUs and other creditor's rights certificates, and the defendant argues that the loan has been repaid, the defendant shall provide evidence to prove its claim.
After the defendant provides relevant evidence to prove its claim, the plaintiff shall still bear the burden of proof for the establishment of the loan relationship. Where the defendant argues that the lending has not actually occurred and can make a reasonable explanation, the people's court shall make a comprehensive judgment to verify whether the lending fact has occurred in consideration of facts and factors such as the amount of the loan, the payment of the money, the economic capacity of the parties, the local or inter-party transaction methods, trading habits, changes in the parties' assets, and witness testimony. The lawyer advises the debtor to transfer money through a bank or other financial institution when repaying the loan, and can also keep the audio and video recordings, chat screenshots and other facts that prove the repayment.
Then even if the creditor sues again, the debtor can still defend that the repayment has already been made. So can IOUs picked up by other third parties be sued? If a third party wants to sue, then he also needs to bear the burden of proof on the fact of the loan, and if he cannot provide evidence, he must bear the burden of proving that he cannot do so.
Legal basis: Article 16 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases provides that the plaintiff files a private lending lawsuit solely on the basis of IOUs, receipts, IOUs and other creditor's rights certificates, and the defendant argues that the loan has been repaid, and the defendant shall provide evidence to prove his claim. After the defendant provides relevant evidence to prove its claim, the plaintiff shall still bear the burden of proof for the establishment of the loan relationship.
Where the defendant argues that the lending has not actually occurred and can make a reasonable explanation, the people's court shall make a comprehensive judgment to verify whether the lending fact has occurred in consideration of facts and factors such as the amount of the loan, the payment of the money, the economic capacity of the parties, the local or inter-party transaction methods, trading habits, changes in the parties' assets, and witness testimony.
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1. The debtor may be required to enter into a repayment plan or a repayment agreement, and the conditions can be relaxed as long as the other party is willing to make a plan and sign an agreement; 2. Units and individuals who understand the situation are requested to issue written evidence materials or testify in court as witnesses, and the witnesses must have no interest in both parties; 3. Entrust the first person to contact the other party, make a record of the conversation, etc.
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The certificate that is a creditor's right relationship does not have direct economic value in itself, unlike negotiable securities such as ** and bonds, which have economic value and cannot be the object of theft. The second view is that an IOU is a kind of certificate or proof of creditor's rights in civil law, but it is only a kind of direct evidence-documentary evidence in evidentiary science, which has no value in itself and cannot be the object of infringement of the crime of theft.
However, if the theft is followed by the destruction or concealment of evidence, it shall be convicted and punished as obstruction of justice in accordance with the relevant provisions of the Civil Procedure Law, the Criminal Law, and other laws. The third view is that the documents and documents of property rights are the basis for the possession and acquisition of a certain property, and the loss of this evidence will lose the ownership of a certain property, and the theft of IOUs actually infringes upon the property ownership of the creditor, so the documents and documents of property rights can still be the object of infringement of the crime of theft.
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One of the ways:
Issue a statement that is more than the actual amount owed, and ask the other party to re-reconcile the statement and confirm the letter back.
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IOUs are effective evidence for the formation of creditor-debtor relationships in private lending, and generally use IOUs as the only or single evidence for the return or loan relationship (there are few other evidence or vouchers), and the loss of IOUs may cause loss of creditor's rights or loss of creditor's rights due to lack of general evidence.
After the loss of the IOU, the parties should first do a good job of "confidentiality" themselves, respond calmly, and remain silent. Then take the appropriate remedial action:
1. The debtor can be calmly required to enter into a repayment plan or a repayment agreement, and the conditions can be appropriately relaxed (such as reducing or waiving the original interest commitment).
2. Units and individuals who understand the situation are requested to issue written corroboration materials or testify as witnesses, and the witnesses must have no interest in both parties.
3. Entrust the first person to contact the other party and make a record of the conversation. Without noticing the loss of the IOU, the other party will focus on the reasons for whether or not they can repay the debt. Although it is circumstantial evidence, it can form a "chain of evidence" by attaching written materials such as the indictment you provide to the court.
4. There is also a method of "bluffing", which is effective if someone has tried it. Go to the notary office to truthfully explain the situation to the notary, ask for help, and the notary office will issue a "short notarization" with no actual legal effect and responsibility consequences, stating that "the notary office retains a copy of the XX arrears for future reference." This notarization only serves as a proof for xx himself, and does not have effect on the corresponding pairs".
If the borrower has ambiguity due to the IOU, it is reasonable to say that it is deposited in the notary office, and the other party will generally be "bluffed".
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The outbound order + your delivery order is the evidence. If you don't want to deliberately not give you money, you can ask the boss for his receipt or purchase record.
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Here are 4 steps you can take to turn the tide of reactivity, depending on the situation.
The premise is that you must do a good job of "confidentiality" and do not let the other party realize that the IOU has been lost;
Secondly, the debtor can be calmly required to enter into a repayment plan or a repayment agreement, and the conditions can be relaxed as long as the other party is willing to make a plan and sign the agreement. Usually the debtor is more receptive to the request;
Third, units and individuals who know the situation are requested to issue written evidence or testify in court as witnesses, and the witnesses must have no interest in both parties;
Fourth, secretly recording to prove the fact of borrowing.
Although the above is circumstantial evidence, the written materials such as the indictment you provide to the court can form a "chain of evidence" that I believe will impress the judge.
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First of all, call ** to explain the situation (the amount of arrears, time, and reason) to the debtor, and record the evidence. The Judicial Yuan of the Judicial Yuan accepted the evidence of the recording.
Then, a request is made for a replacement of the written IOU. It's best to agree to resign, and it's okay if you don't agree, you already have the recording anyway.
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It is best to fix the evidence first, and then ask for a supplementary IOU (note that the original article is invalid, which shall prevail) to prevent the other party from not admitting it.
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You can request a replacement of the IOU and declare the original IOU invalid in the IOU.
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Explain it clearly to the other party, and then open a receipt to explain that the original IOU is invalid, and then find someone trusted by the other party to prove the matter.
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Do you have a specific time on both IOUs? Is it consistent? Does the second IOU state that it was because the previous one was lost and later rewritten?
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It's useless to have evidence, like someone who knows that you paid back the money.
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If you lose the IOU, you will lose the proof of arrears, although there is an IOU**, but **can only prove the fact that there was an IOU before, but it cannot prove that others still owe you money, because you have no IOU to prove, so if it is a lawsuit, your ** evidence is invalid.
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Hurry up and find someone, send text messages, write emails, type his words, and then record, save text messages, emails, and recordings.
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Yes, save recordings or something.
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Since you said it was an IOU, there is usually no problem if there is no other evidence. If there are witnesses, they can be testimonized. If there is no testimony, no witnesses, I suggest that you go again next time to ask for accounts or collect accounts, and remember to bring a voice recorder, preferably a friend, so that you can also testify.
The main purpose of your visit is to let him repay the debt, in short, let him admit the existence of the account, and then keep the voice recorder, because the audio-visual materials have to prove it.
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You lent money to someone else, and you lost the IOU? In this case, if the other party does not pay the bill, it will be fine for you. However, relative to the other party, if he pays back your money, but can't get an IOU, he may have no bottom in his heart.
Because as long as you have an IOU in your hand, you can ask him for money at any time. If this really happens, then when he pays back the money, you have to write a proof of receipt to prove that he has repaid the money owed to you, and sign it by you!! If the other party defaults, then you have to find a witness or other evidence to prove that you really have money to lend him, if you can't find evidence, if the other party defaults, you really have nothing to do!!
I hope that the landlord can recover the money as scheduled, and it is about to be the New Year.
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If the IOU is lost, you need to prove that you actually gave the money to him, such as bank records, references, etc.
The referee cannot be an interested person or a close relative, that is, he cannot be a relative or a person related to the interest of the 30,000 yuan.
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As long as it's a forgery, it's easy to spot, and you can judge the time of the other party's forgery based on your handwriting.
Sue it, I believe the law will give you justice. However, you also have to have enough evidence to back it up, such as witnesses, etc.
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As long as the evidence is missing, and the other party is unwilling to admit the fact of borrowing, it is difficult to have only audio evidence.
You need to look at the content of the recording to judge.
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For civil disputes, he has to prove that the money owed has been repaid, and he can explain the time, place, witnesses, etc., as long as he gives counterexamples to prove it.
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