Desperate for help from a well wisher,。。。。 Can I get my money back from my IOU? I m in a hurry

The date of this IOU has expired and the statute of limitations is two years. However, if a claim has been made at the time of expiration or during the validity period, the time of the last claim shall be the new starting time of the statute of limitations. For example, if you have asked him on August 3, 07 or January 1, 07, the statute of limitations will start from the above two times respectively, and the validity period will still be two years.

But you must have evidence, there is a third person to testify, it is best to ask him to renew the IOU or guarantee when to repay, or you can use ** recording to urge him to repay the evidence. In short, you must have evidence to collect the amount owed within the statute of limitations in order to renew the statute of limitations. Law-savvy borrowers often take advantage of this to get away with legal claims.

For example, A borrowed money from B, borrowed on December 7, 2003, and expired on December 7, 2005 (today) and has not been repaid. B's rights and interests are "infringed" from now on. B must file the lawsuit by 7 December 2007.

If it expires, it loses the right of recourse.

There are also ways to extend the validity period. Again, for example, B can do so before December 7, 2007, such as November and October.

If you collect the amount owed from A and keep the evidence that you have actually collected it (audio recording, repayment guarantee signed by A, witnesses, etc.), then the validity period of the lawsuit will be recalculated from that time and will be valid for two years.

1. Without an IOU, the lender can get the money back by negotiating with the other party or filing a lawsuit with the court in a timely manner, and needs to collect and provide receipts, IOUs and other proof of creditor's rights in accordance with the law; and electronic data, witness testimony and other evidence to prove the existence of a legal relationship between lending and lending.

2. Evidence includes direct evidence and indirect evidence, and IOUs (IOUs) belong to direct evidence. In the absence of an IOU, the creditor can support his claim by providing circumstantial evidence such as witness testimony, audio recordings, text messages, chat records, remittance vouchers, etc.

3. It is recommended that when the creditor collects some evidence through some means, it can be determined by the debtor's self-recognition, such as negotiating with the debtor, through audio recording or other records, that you have a real and effective creditor-debtor relationship; Ask the debtor in writing and ask the other party to sign for confirmation, etc.

4. Article 3 of the Civil Procedure Law of the People's Republic of China: The provisions of this Law shall apply to the people's courts accepting civil lawsuits brought by citizens, legal persons, other organizations, and between them on the basis of property and personal relationships.

Extended information: 1. The following materials should be submitted when the court initiates a lawsuit:

1) One original copy of the complaint, with copies according to the number of defendants;

2) Proof of the parties' qualifications (including plaintiffs, defendants, third parties, etc.);

3) Evidence over which the court has jurisdiction;

4) Other evidence.

Evidence includes: (1) statements by the parties;

2) documentary evidence; 3) physical evidence;

4) audio-visual materials;

e) electronic data;

6) witness testimony;

7) Appraisal opinions;

8) Inquest records.

Evidence must be verified to be true before it can be used as a basis for determining facts.

2. The best way to obtain evidence:

1. If possible, ask the other party to make up an IOU for you;

2. Apply directly to the court for a payment order;

3. Adopt ** recording or other recording forms.

4. You can check whether there is real estate, vehicles, and deposits in your name, and seal and freeze them for execution.

5. If the repayment period has expired for two years, and the period has passed, evidence must be found to prove it, otherwise the statute of limitations will be exceeded.

6. If there is a guarantor, the guarantor shall be established as a co-defendant within the guarantee period and request to jointly repay the arrears.

Legal analysis: If the IOU can fully prove the existence of a legal relationship between the loan and the loan, the money can be returned; If the evidence is insufficient, the parties need to collect and supplement other evidence in accordance with the law, such as receipts, IOUs and other evidence of creditor's rights, as well as witness testimony and other evidence.

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 at maturity and pays interest.

Article 668: The loan contract shall be in written form, unless otherwise agreed upon 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 When entering into a contract for borrowing money, the borrower shall, as required by the lender, provide the true information about the business activities and financial status related to the loan.

Summary. Dear, you can get it back after the IOU is repaid. An IOU is a written voucher indicating the creditor-debtor relationship, and after the borrower returns the loan within the agreed time limit, he may request the other party to return the IOU, stating that the arrears have been repaid on time, and if the other party cannot return it, he may request a receipt.

However, unless otherwise agreed upon in the loan between natural persons.

The money I gave + borrowed back + the money I paid + the IOU + can I get it back.

Dear, you can get it back after the IOU is repaid. An IOU is a written certificate that indicates the creditor's rights and debts, and the borrower may request the other party to return the IOU in accordance with the agreed time limit, and may request the other party to return the IOU chain, stating that the arrears have been repaid on time, and if the other party cannot return it, it may request a receipt. However, unless otherwise agreed upon in the loan between natural persons.

At the same time, be sure to write the name of the borrower and the ID number of the borrower, so as to avoid problems such as checking whether the borrower's identity is the same when there is a dispute, if you cannot determine when the borrower is required to return it, it is recommended that the lender do not write the return date, so that the statute of limitations can be guaranteed for 20 years, and will not be forgotten due to a match when the time limit exceeds the shirt bureau and cannot be recovered. Anyone who knows the law knows that there is not much difference between writing a return date and not writing a return date. The plaintiff has no way to recover the arrears with just an IOU, and only the IOU cannot even prove that the money was lent to the other party.

Summary. Legal basis: 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 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 the legal relationship between the lenders. Where the creditor's rights vouchers such as IOUs, receipts, and IOUs held by the parties do not indicate the creditor, and the parties holding the creditor's rights vouchers file a private lending lawsuit, the people's court shall accept it.

Where 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 creditor qualifications upon review, it rules to dismiss the lawsuit.

Hello, can I get the money back without an IOU?

Whether Fengshen can repay the loan without an IOU depends on the actual situation, as follows: 1. In the case of a loss of money without an IOU, it is also possible to return the loan, and the existence of the loan contract and the content of the loan must be proved, and the loan contract relationship must be fixed first; 2. The lending act has the effective requirements for the legal act of lending, and the loan can only be repaid if it is protected by law.

You can collect transfer records, chat records, ** recordings, witness testimony and other relevant evidence to raise a civil lawsuit with the people's court to require the other party to repay the arrears. Evidence includes: (1) the parties' statements of Zhizi; (2) documentary evidence; (3) physical evidence; (4) audio-visual materials; (5) electronic data; (6) witness testimony; (7) Appraisal opinions; (8) Inquest records.

Legal basis: 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 Article 2 When a lender files 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 borrowing and rejecting loans. Where the creditor's rights vouchers such as IOUs, receipts, and IOUs held by the parties do not indicate the creditor, and the parties holding the creditor's rights vouchers file a private lending lawsuit, the people's court shall accept it. Where 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 creditor qualifications upon review, it rules to dismiss the lawsuit.

Don't rush to court without an IOU, you can enter into a repayment plan or a repayment agreement with the other party first. If the other party is unwilling to cooperate, it may apply to the people's court for a payment order or file a lawsuit with the people's court. The creditor needs to collect relevant evidence to prove the existence of a loan relationship between the two parties.

Extended Information:1An IOU is a written document indicating the creditor's rights and debts, 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.

2.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 business management. 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.

3.First, if you know that the other party will use it for illegal activities, do not lend to the other party. According to the laws of our country, the loan is not protected by law. In the event that the other party does not repay the money, it cannot be protected through litigation.

4.Second, for IOUs with a repayment period, it is necessary to claim rights within two years after the expiration of the repayment period, that is, to file a lawsuit with the people's court. According to the laws of the People's Republic of China, the statute of limitations for a party to request the people's court to protect civil rights is two years, and if the borrower files a lawsuit with the people's court two years after the expiration of the loan, but there is no suspension, interruption or extension of the statute of limitations, the borrower will lose the right to win the lawsuit.

5.Clarify whether the borrower borrows in the name of a natural person or in the name of a company. In law, the legal representative or person in charge can engage in civil acts, including payment, on behalf of the company or enterprise.

If the creditor does not clarify the identity of the debtor, there may be confusion of the borrower's identity. As a direct consequence, the creditor will have to face the mutual blame between the company or enterprise and the borrower in future litigation, which will bring trouble to the realization of the creditor's rights.

Legal analysis: IOUs or IOUs only exist as evidence, not a necessary condition for prosecution, and the absence of IOUs does not affect the parties to sue the court. As long as the parties meet the requirements for filing a lawsuit as prescribed by law, that is, the parties have an interest in the case, have a clear defendant, have specific litigation claims, and have simple facts and reasons, they can sue even if they do not have an IOU.

Legal basis: Civil Procedure Law of the People's Republic of China

Article 64: Parties have the responsibility to provide evidence for their own claims.

The people's court shall investigate and collect evidence that the parties and their litigants are unable to collect on their own for objective reasons, or evidence that the people's court finds necessary for the trial of the case.

The people's courts shall follow legally-prescribed procedures to comprehensively and objectively review and verify evidence.

Article 65: Parties shall promptly provide evidence for their own claims.

On the basis of the parties' claims and the circumstances of the trial, the people's courts are to determine the evidence that the parties shall provide and the time limit thereof. Where the parties have real difficulties in providing state orders and evidence within the time limit, they may apply to the people's court for an extension of the time limit, and the people's court shall appropriately extend it on the basis of the party's application. Where parties fail to provide evidence within the time limit, the people's court shall order them to explain the reasons; Where they refuse to explain the reasons or the reasons are not sustained, the people's courts may, on the basis of different circumstances, reject the evidence, or give the evidence but give a reprimand or a fine.