What kind of IOU is subject to the law, and what kind of IOU is legally valid

Precautions for writing IOUs.

1. The writer of the IOU must be written by the borrower, not by the lender. This prevents the borrower from refusing to recognize the validity of the IOU on the grounds that the lender has written the contents without authorization.

2. Try to be concise and clear as much as possible, and do not use ambiguous language. For example: A borrows 10,000 yuan from B. Such language does not make it clear who is borrowing money from whom, and it should use "lend" instead of "borrow", and there is no clear direction.

3. Do not write the reason for the IOU. For example, if you borrow money for any reason, this has nothing to do with the IOU itself, and if you join it, it may lead to a conditional lending civil act, causing the borrower to invoke the condition to defend.

4. Attach the ID numbers of the borrower and the lender as much as possible. Embodied in the IOU, which avoids the unnecessary process of identifying the parties to the IOU. Sometimes, the name on your ID card is different from the name on your ID card, and if the borrower uses a pseudonym or a nickname to associate with you and write an IOU, then there is a major flaw in the signature of the IOU.

5. The most important thing is that the borrower's signature must be seen with his own eyes. If the borrower uses someone else's hand to sign the name, the IOU will lose its probative force, so do not accept an IOU that has already been written or written after the fact, and must ask the borrower to write the IOU in person.

6. The IOU itself must be a complete piece of paper, not torn or cut paper. There was a real case where a borrower repaid the loan in several installments, and each repayment was written on the lower part of the IOU, and finally, the lender tore off the lower part, denied the fact that the borrower had made several previous repayments, and took the borrower to court to demand full repayment.

The borrower defended that the IOU had been torn off, and finally the judge ruled against the lender in combination with the borrower with other documents.

Therefore, the integrity of the IOU is also very important to prevent the borrower from defending that the IOU is not complete, because the court does not know whether the torn part has other intentions, and in civil litigation, in line with the principle of who asserts and who bears the proof, if you as the plaintiff claim that the torn off is blank and useless waste paper, you need to provide your own evidence, and if you can't do so, you will have to bear the result of losing the lawsuit.

7. The issue of the statute of limitations, the two-year statute of limitations is calculated from the date of repayment, if you do not claim the creditor's rights to the borrower within two years from the date of repayment, you will lose the right to win the lawsuit. Although from a legal point of view, the statute of limitations will be interrupted as long as you demand repayment from the borrower, it is very difficult for you to prove that you have indeed claimed a claim against the borrower on a certain date (in this case, the lender will prove it), and it is basically not feasible in practice.

Only when it is legal and effective can it be protected by law.

Legal analysis: 1. In daily life, if it is indeed a borrowing behavior between relatives, friends and colleagues, it is recommended to make an IOU, and if the amount is large, it is best to have a third party witness, and keep the transfer voucher and payment voucher for transfer payment. WeChat and SMS exchange information can also be used as evidence; 2. If the debtor is unable to pay due to daily infringement and other debts, the creditor may request an IOU, and if necessary, the fact of arrears, the time of repayment, etc., can be indicated, and if the amount is large, it is recommended that the creditor find a third party to witness and keep the relevant information of the fact of arrears; 3. Whether it is an IOU or an IOU, you should pay attention to the 3-year statute of limitations, and when you ask for a loan or arrears, you can ensure that the statute of limitations is not exceeded, otherwise your legitimate rights and interests may not be supported by the court.

Legal basis: Article 188 of the Civil Code of the People's Republic of China 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 if there are special circumstances, the people's courts may decide to extend the term of the relatives on the basis of the application of the rights holder.

Legal analysis: Under normal circumstances, as long as the debtor transcribes the IOU, the reason for the loan and the amount of the loan are clearly written. The borrower signs, and the jujube inspection will have legal effect after the draw.

Who owes whom, the beginning and end of time, the accumulation of time, the accumulation of arrears, and the final signature. If you owe money personally, you must also put your fingerprint on the name, amount, and time. In this way, the IOU can basically have a clear legal effect.

Legal basis: Article 675 of the Civil Code of the People's Republic of China 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 510 of this Law, the borrower may return it at any time; The borrower may urge the borrower to repay the loan within a reasonable period of time.

Legal analysis: It is better to write the IOU by the borrower's handwriting, but pay attention to the specification of the written shirt. Printouts of IOUs are equally legally valid, but they are easy to forge.

The borrower's signature should be fingerprinted at the same time. The borrower's information must be clearly written with the ID number, and the borrower should be asked to provide the original for verification when writing the IOU. The date on which the loan occurred – be sure to write it clearly, preferably to the exact date, and you can agree on the repayment date in the IOU.

Legal basis: Article 502 of the Civil Code of the People's Republic of China A contract established in accordance with law shall take effect upon its establishment, unless otherwise provided by law or otherwise agreed by the parties. In accordance with the provisions of laws and administrative regulations, the contract shall go through the formalities of approval and other formalities, in accordance with its provisions.

If the failure to go through formalities such as approval affects the effectiveness of the contract, it does not affect the validity of the provisions of the contract on the performance of obligations such as reporting for approval and the validity of the relevant clauses. If a party who should go through formalities such as applying for approval fails to perform its obligations, the other party may request that it bear the responsibility for violating such obligations. Where, in accordance with the provisions of laws and administrative regulations, the modification, transfer, or termination of a contract shall go through formalities such as approval, the provisions of the preceding paragraph shall apply.

1. The full legal names of the borrower and the lender should be clearly written, with the signature of the borrower himself, his handprint or his own handwriting, and a frank copy of the borrower's ID card and a copy of the marriage certificate.

2. The amount of money borrowed by Qing Jingchu should be clearly written, including the amount written and lowercase.