Lend money to others, how to make an IOU, one year term

IOU (centered).

Creditor: Xiao Wang.

Debtor: Xiao Zhang.

On 12 April 2008 (do not use Arabic numerals, the same below), Xiao Cheung borrowed RMB 10,000 from Xiao Wang, and received it in cash, as evidenced by this IOU. The agreed repayment date is a certain year, a certain month, and a certain day.

Witnesses (if any):

Signature of the witness:

Signature of both parties: Date: April 12, 2008.

The above is just an example, if necessary, the method of payment (cash or bank transfer), the purpose of the loan, the agreed interest (if any), and the liability for default such as late repayment.

In the future, if the borrower fails to repay, the creditor can apply directly to the court for a payment order.

The basic contents of the IOU include: the name of the creditor, the amount of the loan (in local and foreign currencies), the calculation of interest, the time of repayment, the penalty for default (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 are met, and the main conditions of the IOU are met, it will have 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. Plus, you can borrow money with money instead of IOUs. This answer is provided by Youqianhua, which is a credit service brand under Du Xiaoman Finance (formerly Finance), with a reliable interest rate and low interest rate, click below on the mobile phone to measure the amount immediately, and the maximum amount of borrowing is 200,000.

An IOU is just a voucher, as long as you write the amount of money, the date, the name of the borrower, and the date of repayment......

It's okay to ask the other party to write like this: (Note: It must be handwritten and signed by the other party, preferably with a handprint).

IOU Today, I borrow *** RMB*** yuan, the loan period is ** years (month or day), and the agreed annual interest rate (or monthly interest rate or daily interest rate) ** is due to repay the principal and interest in a lump sum (or indicate that the interest is paid quarterly or monthly).

Borrower: Lender:

Referral: YYYYYYYYYYYYYYYYYYYYYY

Sir:

Due to my recent financial difficulties, I would like to borrow RMB (capitalized). It will be returned after 1 year.

Borrower: (Signature handprint).

Loan Date:

Legal analysis: If the money is lent to someone else, the validity period of the IOU is three years, and the limitation period is calculated from the time when you know or should know that your rights have been infringed. However, if more than 20 years have elapsed since the date of the infringement of rights, the people's court will not protect it.

Where there are special circumstances and circumstances, the people's court may extend the statute of limitations.

Legal basis: Article 188 of the Civil Code of the People's Republic of China: The statute of limitations for requesting protection of civil rights from the people's courts 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 Wang Shen's rights have been damaged and that the obligor has been damaged. 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 where there are special circumstances, the people's courts may decide to extend the rights holder on the basis of the right holder's application.

If the money is lent to someone else, the IOU is valid for three years, and the limitation period is calculated from the time when the right was known or should have been infringed. However, if more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not protect them. Where there are special circumstances, the people's court may extend the statute of limitations.

1. How long is the statute of limitations for arrears?

The statute of limitations for arrears is three years. Statute of Limitations:

1. The limitation period shall be calculated from the date on which the right holder knows or should know that the rights of the model have been damaged and the obligor;

2. Where more than 20 years have elapsed since the date on which the rights were infringed, the people's courts shall not grant protection, and if there are special circumstances, the people's courts may decide to extend the rights on the basis of the application of the rights holder.

The statute of limitations refers to the failure of the right holder whose civil rights have been infringed to exercise its rights within the statutory limitation period, and when the limitation period expires, the debtor obtains the right to defend against the statute of limitations.

2. How long is the prosecution period for private loans?

The period for pursuing private loans is three years, 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, where more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not protect them; Where there are special circumstances, the people's court may decide to extend the extension on the basis of the right holder's application.

Article 188 of the Civil Code [Ordinary Statute of Limitations, Maximum Period for Protection of Rights] The statute of limitations for requesting 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 court shall not protect them, and if there are special circumstances to increase the rent, the people's court may decide to extend the rent on the basis of the right holder's application for an extension.

3. How long is the statute of limitations for the principal debt?

The statute of limitations for the principal debt is three years. 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. However, where more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not protect them;

According to Article 188 of the Civil Code, which came into effect in 2021, the statute of limitations for filing a request to the people's court for protection of civil rights 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 where there are special circumstances, the people's courts may decide to extend the rights holder on the basis of the right holder's application.

Article 188 of the Civil Code of the People's Republic of China provides that the statute of limitations for filing a request to a people's court for protection of civil rights 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 where there are special circumstances, the people's courts may decide to extend the rights holder on the basis of the right holder's application.

Legal analysis: There are two types of validity periods of IOUs for borrowing money, if the IOU is established in accordance with the law, the IOU itself has been valid, which can prove that the loan relationship is established. If the borrower fails to repay the loan when due, the statute of limitations for claiming rights in court is 3 years, and the maximum is 20 years.

Legal basis: Civil Code of the People's Republic of China

A clause 667 contract is a contract in which the borrower borrows money from the lender and returns the loan at maturity with interest.

Article 668 The contract shall be in the form of a written closed limb confession, unless otherwise agreed upon in the borrowing 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 loan contract, the borrower shall, in accordance with the requirements of the lender, provide the true information about the business activities and financial status related to the loan.

Legal analysis: 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 the ID card is different from the name on the borrower's ID, and if the borrower uses a pseudonym or a nickname to communicate with you and write the 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 used the torn part of the IOU as a defense, and finally the judge ruled against the lender in combination with other documents borrowers.

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.