How to write an IOU to have legal effect

Updated on society 2024-07-17
6 answers
  1. Anonymous users2024-02-12

    An IOU is generally composed of three parts: the title, the text, and the payment.

    a) Title. The title of the IOU is generally composed of the name of the text, that is, the word "IOU" is written in a large font in the upper middle of the text. There are also the words "Temporarily Owed" or "Owed" written in this position as the title, but the body of the title is written in the top box of the next line.

    b) Text. The body of the IOU should clearly state who or what unit is owed, what quantity, and indicate the date of repayment.

    3) Payment. The name of the debtor's unit and the signature of the person handling the payment must be signed, and the name of the debtor must be signed on the IOU issued by an individual. and the date of the IOU. The official seal should be affixed to the unit, and the private seal should be affixed to the individual.

    Note. Format and precautions for IOUs.

    IOUs are short and concise, and are often used in daily civil and commercial activities.

    Referring to the three elements of civil legal relations (subject, object, and content), the following matters shall be paid attention to when issuing an IOU:

    First, the main body. The subject of the creditor's right and debt relationship should be clearly expressed, that is, who is the creditor and who is the debtor (note the ambiguity of the word "borrow"); When a natural person is the subject, the name on the ID card should be checked, and the resident ID number should be copied on the IOU when conditions permit; When the legal entity is the main body, it shall be stamped with the official seal of the unit.

    II. Subject Matter. The unit of the amount should be clear, the amount should be written in traditional Chinese, and the ratio should be clear percentage, 10000 percent, and 10,000 percent.

    3. Content. Be clear and take care to avoid ambiguity. The return date should be clear, and if there is an interest agreement, it should be stated, otherwise it will be regarded as no interest according to law, and if there is a liquidated damages agreement, it should be stated. If there is a guarantor, the method of guarantee should be indicated and the guarantor should be indicated.

    4. In duplicate.

    It is advisable to have two copies of the documents, one for each party. As a quick and convenient way to confirm, in general, the documents are handwritten, and the issuer is specific, that is, it is written and sealed by the debtor, borrower, and receiver, but in reality, there are many cases where the creditor, lender, and giver write and then signed by the debtor, borrower, and recipient. In this case, if the debtor, borrower, and receiver do not have the same slip in their hands, and the writer has manipulated the only remaining slip, such as adding the amount of the loan, how can the signatory defend it?

    On the other hand, if there are two identical (duplicate) documents, it will not only be futile but also emotionally hurtful.

    Example. Today, I borrowed *** RMB*** round, and repaid it before *year*month*, and paid liquidated damages at *% of the total amount every year after the deadline.

    Borrower: **

    Year*month*day.

    Understatement. It is based on the fact that (the cause) owes (creditor) RMB (amount).

  2. Anonymous users2024-02-11

    It's so troublesome to write it yourself, the amount is less than 3,000 and you can't file the case directly, it's better to search for an IOU on WeChat and say that you can directly create a new electronic agreement, and there will be a reminder when it expires, you can apply for arbitration, so as to avoid the situation of borrowing money and not paying it back. If you do not repay the credit report when it expires, you can also apply to the court for enforcement.

  3. Anonymous users2024-02-10

    Analysis of the law of Zhengxiang: 1. The date of the loan must be written clearly, and it is best to be accurate to the day of the cherry blossom. 2. The loan amount should be capitalized in Arabic numerals and Chinese at the same time, and the currency should be clearly written.

    3. The delivery of the money should be made by bank transfer as much as possible, and the date of receipt and transfer of the money by the other party can be specified in the IOU. 4. After the IOU is issued, a copy of the ID card signed by the borrower should be collected at the same time, etc.

    Legal basis: Article 668 of the Civil Code of the People's Republic of China The loan contract shall be in written form, unless otherwise agreed upon in the loan between natural persons. The content of the loan contract generally includes the type of loan, currency, purpose, amount, interest rate, term and repayment method.

  4. Anonymous users2024-02-09

    Writing an IOU has a legal effect to be aware of:

    1) Clearly state the reason for the arrears, the amount of the money, the signature of the debtor and the borrower, the agreed repayment period and the liability for breach of contract, etc.

    2) If the IOU expressly stipulates the repayment period, the IOU shall be valid for 3 years from the date of the repayment period. If there is no express agreement on the repayment period, it is valid for 3 years from the date of the first claim.

    3) The IOU of the debt needs to be an expression of the true intention of both parties.

    Article 5 of the Civil Code of the People's Republic of China.

    Civil entities engaging in civil activities shall follow the principle of voluntariness, and establish, modify, or terminate civil legal relationships in accordance with their own wishes.

    Article 471 of the Civil Code of the People's Republic of China.

    When the parties conclude a contract, they may adopt the form of lack of offer, acceptance or other means.

    Article 472 of the Civil Code of the People's Republic of China.

    An offer is an expression of intent to conclude a contract with another person, and the expression of intent should meet the following conditions: with a celebration.

    1) The content is specifically determined;

    2) Indicate that the offeror is bound by the expression of intent if it undertakes to accept it.

  5. Anonymous users2024-02-08

    Article 143 of the Civil Code: Civil juristic acts that meet the following conditions are valid: (1) the actor has the corresponding capacity for civil conduct; (2) The expression of intent is true; (3) Do not violate the mandatory New Year's travel provisions of laws and administrative regulations, and do not violate public order and good customs.

  6. Anonymous users2024-02-07

    1. How to write an IOU in order to have legal effect.

    1) The IOU shall be in written form, unless otherwise agreed between natural persons;

    2) The content of the IOU generally includes the type of loan, currency, purpose, amount, interest rate, term and repayment method;

    3) The IOU must have the basic information, signature and date of the parties.

    Legal basisArticle 668 of the Civil Code of the People's Republic of China.

    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.

    2. What is the format of the IOU?

    The IOU is written in the following format:

    I borrowed the whole yuan today, lowercase yuan.

    The term of the loan is from XX-XX-XX to XX-XX-DD, and the interest rate is monthly, and all principal and interest will be repaid in a lump sum on XX-XX-DD.

    Default Liability: If the borrower fails to repay the loan within the time limit, he shall pay liquidated damages of 1% of the total amount of the loan, and if he needs to sue the court for settlement, the borrower shall bear the additional costs of the loan, including attorney's fees.

    Borrower: Identification Number:

    Guarantor: Identification Number:

    Date: YYYYYYYYYYYYYYYYYYYYY

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