Current location - Loan Platform Complete Network - Loan consultation - How to deal with the personal loan from the unit, and how to sue if the loan has an iou.
How to deal with the personal loan from the unit, and how to sue if the loan has an iou.
When individuals borrow money, they only need to obtain personal IOUs; When the company receives the repayment, it shall issue a receipt stamped with the special financial seal or official seal of the company to the other party, and summarize and record the amount as the repayment of the loan on a certain day; Cash and bank deposits should be based on the above IOUs and receipts;

The iou can be used as evidence to bring a lawsuit to the court. If it is safer to have a bank transfer voucher, the judge will also ask whether to transfer money through the bank during the trial. Secondly, if it is written on the promissory note, the limitation of action is two years from that date. If you don't write it, you can ask for repayment at any time. The limitation of action is two years from the date you ask for repayment. The limitation of action can be interrupted and recalculated because you claim the right to the other party, and the prosecution can also be interrupted.

Article 206 of People's Republic of China (PRC) Contract Law The borrower shall repay the loan within the agreed time limit. If the term of the loan is not agreed or clearly agreed, and cannot be determined according to the provisions of Article 61 of this Law, the borrower may return it at any time; The lender may urge the borrower to return it within a reasonable period of time.

Article 61 After the contract came into effect, the parties did not agree on the quality, price or remuneration, place of performance, etc.

If the agreement is not clear, it can be supplemented by agreement; If a supplementary agreement cannot be reached, it shall be in accordance with the relevant provisions of the contract or

Trading habits are certain.

Article 135 of the General Principles of Civil Law of People's Republic of China (PRC) stipulates that the limitation period for requesting the people's court to protect civil rights is two years, unless otherwise provided by law.

Article 138 After the expiration of the limitation of action, if the parties voluntarily perform it, they shall not be limited by the limitation of action.

Article 139 If the right of claim cannot be exercised due to force majeure or other obstacles within the last six months of the limitation of action, the limitation of action shall be suspended. From the date when the reasons for the suspension of the limitation of action are eliminated, the limitation of action shall continue to be counted.

Article 140 The limitation of action is interrupted by bringing a lawsuit, a party making a request or agreeing to perform an obligation. From the time of interruption, the limitation period of action shall be recalculated.