First, to borrow money, you should write "IOU", but it is not appropriate to write "IOU". IOUs and IOUs are both certificates of creditor's rights and debts, but they are quite different. An iou is a written loan certificate issued by the borrower to the lender, which proves that the two parties have established a loan contract relationship; Poor harvest is a settlement basis based on previous economic exchanges between the two sides. In fact, it is the settlement of the past economic exchanges between the two sides, which only represents the pure creditor-debtor relationship and does not represent the loan contract relationship. Therefore, when borrowing money, you should write "IOU" instead of "IOU", which can save the burden of proof to explain the reasons and uses of "owing" money in litigation.
Second, the interest rate agreed by both parties should be written into the loan. In practice, many creditors misunderstand that private lending can't charge interest, so interest is only an oral agreement, and it is not written into the loan. In fact, if the interest rate agreed by both borrowers and lenders does not exceed the annual interest rate of 24%, and the lender requests the borrower to pay interest at the agreed interest rate, the people's court shall support it. The interest rate agreed between the borrower and the borrower exceeds the annual interest rate of 36%, and the interest agreement in excess is invalid. The people's court shall support the borrower's request to the lender to return the part of the interest paid that exceeds 36% per annum. Article 2 1 1 of the Contract Law stipulates that the loan contract between natural persons is not stipulated or clearly stipulated, and the interest is deemed not to be paid. If the loan contract between natural persons stipulates the payment of interest, the loan interest rate shall not violate the relevant provisions of the state on restricting borrowing. If the interest rate is not written into the receipt, once the lender files a lawsuit, the borrower will not recognize the agreement between the two parties, and the lender's interest request will not be supported by the court.
Third, when borrowing money, the repayment period should be written into the loan. The loan is protected by law within the limitation of action. In practice, many lenders often don't know the concept of "limitation of action". There are different understandings about the limitation of action when there is no agreed repayment period for the loan. Courts in different places have different understandings of this issue. Therefore, from the perspective of safe recovery of creditor's rights, the repayment period should be written into the IOU when borrowing money. If the borrower fails to repay the loan within the time limit, the lender shall claim its rights (including bringing a lawsuit to the people's court or signing a reminder notice by the borrower) within 3 years after the loan expires.
Fourth, when borrowing money, it is advisable to write down the full name of the lender and borrower. In practice, lenders and borrowers are often closely related, but in fact they are not related. When borrowing money, they will write the usual title into the IOUs, such as writing the lender as "Zhang Shu" and "Zhang Xiong"; Write the borrower as "A San" and "Si Mei" and so on. In case the borrower fails to repay the loan in time, the lender will often be rejected by the court because of unclear creditor's rights and debts.
5. When borrowing money, you should write down the debt clearly. There is no ambiguity. A typical case is that Zhang San borrowed 654.38+10,000 yuan from Li Si, and issued a debit note indicating that the loan was 654.38+10,000 yuan. A few months later, Zhang San returned Li 6.5438+10,000 yuan, so he tore up the original IOU and issued a new IOU for Li Si: "Zhang Sanyuan borrowed Li Si 65438. The word "Huan" here can be understood as "yellow" as well as "sea" and "business". The resulting dispute is very unfavorable to the lender. Legal effect of IOUs, IOUs and receipts
1. The legal meanings, proven legal facts and corresponding legal relationships of IOUs, IOUs and receipts are common bills in daily life and work. Although these three notes are separated by a word, their legal meanings are far from each other. An iou is a certificate issued by the debtor to the creditor indicating that he still owes something or a sum of money, which is generally used to prove the relationship between creditor's rights and debts. An iou is a certificate issued by the lender to the borrower or the borrower indicating that something or a sum of money is lent, which is generally used to prove the loan relationship; A receipt is a certificate issued by the receiver to the sender to show that something or a certain amount has been received, which is used to reflect or prove the fact of "receipt".
Second, the difference between IOUs and IOUs Many people cannot accurately grasp when to make IOUs and when to make IOUs. In fact, it is not difficult to distinguish between the two. There are at least two differences between IOUs and IOUs: First, there is generally a flow of funds or objects behind IOUs, while IOUs do not. When the IOU is typed, the lender "just", "is" or is about to deliver the goods or money to the borrower. In order to confirm the fact of this "flow", the IOU is used to fix it. Generally speaking, an IOU is a kind of settlement or proof of the opposite state of property ownership and possession, that is, the state that the owner's things are occupied and used by the owner has existed since the IOU was typed, and the purpose of IOU is to confirm the existence of this state. that
Second, IOUs generally have a loan period and interest. The interest of IOUs and the starting point of the loan period are generally the loan date. Although IOUs can also stipulate the legal consequences of repayment and overdue, this date is generally a time point after IOUs are issued. In practice, there are many situations in which IOUs are written as IOUs or IOUs are written as IOUs, which leads to irrelevant articles and often brings unnecessary troubles to the confirmation of facts, the determination of legal relations and the realization of rights holders' interests. Give a simple example. If the relationship between A and B is very good, B borrows 30,000 yuan from A for emergency, and B gives A an IOU, and there is no agreed repayment period, then three years later, if there is no interruption, suspension or extension of the limitation of action, A will sue B for repayment, which is easily considered by the court to be beyond the limitation of action and lose the right to win the lawsuit. The fundamental reason is that the creditor has the right to claim repayment from the debtor when the IOU is issued, and the limitation of action begins to calculate, while the general limitation of action is three years. If it is claimed after three years, it will of course lose its limitation. If B and A had made an IOU and did not agree on the date of borrowing, according to Article 206 of the Contract Law, the borrower should repay the loan within the agreed time limit. If the loan term is not agreed or clearly agreed, and cannot be determined according to the provisions of Article 6 1 of this Law, the borrower may return it at any time or urge the borrower to return it within a reasonable period. Lender A claims repayment to B after three years, and the limitation of action can only start from the time of its claim. At this time, if A sues B, the court can certainly support it according to law. So although there is a word difference, there is a big difference, and the result is of course the opposite.
Three. Matters needing attention when issuing IOUs, receipts and IOUs
1, the content should be perfect. An iou shall specify the amount and currency of the debt, or the quantity and specifications of the goods, as well as the basic natural attributes such as name, quality or model, reasons for breach of contract, date of return, legal consequences of overdue payment, exact names of creditors and debtors, and finally the debtor's signature or seal, date of issuance, etc. In addition to the above matters, the IOU shall also include the loan term, overdue interest (rent) and default interest (or liquidated damages). In addition to the above related matters, the receipt should also specify the legal consequences, such as "at this point, the debts of both parties are settled" and the agency contract between the two parties is terminated.
2. The language should be accurate. Avoid using vague terms, such as "approximate", "estimate", "possible" and "almost"; The meaning should be clear and definite. I met many people who wrote: A borrows 10,000 yuan from B, which is literally confusing. Does A borrow money from B or does B borrow money from A? In fact, it is not difficult to write clearly. For example, it can be written as: A lends B 10,000 yuan, or A lends B 10,000 yuan, so there will be no ambiguity.
3. The receipt is in duplicate, one for each party. As a quick and convenient confirmation method, the general conditional receipts are all handwritten, and the issuer is specific, that is, written and signed by the debtor, the borrower and the donee, but actually written by the creditor, the lender and the donor, and then signed by the debtor, the borrower and the donee. In this case, if the borrower, the payee and the borrower don't have the same receipt, and the writer tampered with the only remaining receipt, such as adding the amount of the loan, how can the signatory defend? On the contrary, if there are two identical documents (in duplicate), cheating by both parties will not only be futile, but also hurt feelings.
4. The identity of the subject should be confirmed. If it is a company, check whether the company is cancelled, whether the company name is accurate (if the company name is missing one word, it is another company, such as "XX Zhicheng Technology Company" and "XX Zhicheng Technology Company", which are two different companies), whether the natural person is an adult (to judge whether he has full capacity for civil conduct) and whether the natural person name is consistent with the ID card (paying special attention to the same word will also leave trouble). In addition, the basic information of the subject should also be left, such as the age, address and work unit of the natural person.
An IOU requires important conditions such as the borrower's name, loan amount, interest, repayment time, loan date and borrower's name. However, if there is no reason to borrow on the IOU, the IOU is still valid. As long as there are some important information such as the fingerprint of the other party and the loan amount on the IOU, this IOU is valid.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 667 A loan contract is a contract in which the borrower borrows money from the lender, repays the loan at maturity and pays interest.
Article 668 A loan contract shall be in written form, unless otherwise agreed between natural persons.
The contents of a loan contract generally include terms such as loan type, currency, purpose, amount, interest rate, term and repayment method.
Article 669 When concluding a loan contract, the borrower shall, at the request of the lender, provide the true information about the business activities and financial status related to the loan.