1. full legal names of creditors and debtors;
2. The specific amount of arrears;
3. Repayment method and specific repayment date;
4. Interest on arrears;
5, the way to bear the liability for breach of contract.
And meet the following requirements:
1. The actor who signs the IOU shall have corresponding capacity for civil conduct.
2. Behavior is the expression of its true meaning.
3, do not violate the mandatory provisions of laws and administrative regulations, do not violate public order and good customs.
receipt for a loan
Borrower: Name, gender, nationality and date of birth.
Home address: _ _ _ _ _ _ _ _ _ _ _
ID number: _ _ _ _ _ _ _
Borrow RMB from _ _ _ _ _ _ _ _ _ _ _ _ _
Pay in one lump sum on _ _ _ _.
According to this
Borrower: _ _ _ _ _ _
Guarantor: _ _ _ _ _ _
Loan date: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
The writing of the white note is not only a written commitment of both borrowers, but also enables the payee to sue through legal channels when the repayment party fails to fulfill its repayment obligations, and take the white note as evidence of prosecution to recover our receivables.
What's the difference between IOUs and IOUs?
1. IOUs prove the loan relationship and IOUs prove the debt relationship. Borrowing is definitely arrears, but arrears are not necessarily loans.
2. The reason for the formation of IOUs is the specific borrowing facts. There are many reasons for the formation of IOUs, which can be based on various facts, such as IOUs caused by buying and selling, IOUs caused by labor services, IOUs caused by enterprise contracting, IOUs caused by damages and so on.
3. When the repayment date is not specified, the starting time of the limitation period is different. The term of the IOU is the same as that of the IOU with agreed repayment period; There is a difference between IOUs and IOUs with no agreed repayment period.
When a creditor lends his own money to a debtor, his rights cannot be violated by the debtor. The creditor's rights are infringed only when he asks the debtor to repay and is rejected by the debtor. The limitation of action is calculated from the day after the debtor refuses to repay, and the limitation of action is three years.
After the buyer received the goods, he had no money to pay, and both parties agreed to write an iou with no repayment date. In this regard, it should be considered that the limitation of action is interrupted. If the supplier does not claim rights after the interruption of the limitation of action, the limitation of action shall be recalculated from the day after the supplier receives the iou issued by the buyer. It can be seen that when the debtor issues the IOU to the creditor, it has infringed on the creditor's rights, and the limitation period of action starts from the day after the IOU is issued.
How long is the legal effect of IOUs?
Generally, the legal effect of IOUs is three years, and the limitation period for requesting protection of civil rights from the people's court is three years. Where there are other provisions in the law, those provisions shall prevail. The limitation period of action shall be counted from the date when the creditor knows or should know that the right is damaged and the debtor knows it. Where there are other provisions in the law, those provisions shall prevail. However, the people's court shall not protect the rights that have been damaged for more than 20 years. Under special circumstances, the people's court may decide to extend the time according to the application of the obligee.
How to sue if the debtor fails to repay the debt?
If you want to go to court to sue, the first thing to prepare is the litigation materials, and the evidence plays a decisive role in the litigation. In order to realize the creditor's rights, it is best to collect the following evidence:
(a) IOUs, generally speaking, the most powerful evidence of debt collection is IOUs, which are written by the borrower and signed by the other party, and are extremely effective as documentary evidence.
(2) witness. In the trial of a case, the other party may cross-examine his own evidence. In order to ensure the sufficiency and reliability of evidence, it is essential to find a witness. If there are other witnesses when borrowing money, you can find these people to prove your creditor's rights.
(3) evidence of the other party's property. The ultimate goal of litigation is to get the lent money, but many people will transfer their property elsewhere in order to avoid debt. The debtor's behavior that the creditor can revoke,
First, the act of giving up due creditor's rights;
The second is the act of transferring property without compensation;
The third is the act of transferring property at an obviously unreasonable low price. In order to avoid not getting back the property, it is necessary to collect the evidence of the other party's transfer of property before exercising the right of revocation.
legal ground
People's Republic of China (PRC) Civil Code
Article 143 A civil juristic act that meets the following conditions is valid:
(1) The actor has corresponding capacity for civil conduct;
(2) the meaning is true;
(three) does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.
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.
Article 670 Interest on a loan shall not be deducted from the principal in advance. If the interest is deducted from the principal in advance, the loan will be repaid according to the actual loan amount and the interest will be calculated.