Current location - Loan Platform Complete Network - Loan consultation - How to write a debt note so that it is legally binding?
How to write a debt note so that it is legally binding?

The debt note must contain the type, currency, purpose, amount, interest rate, term and repayment method of the loan, and it must not violate the provisions of the law to be legally effective. If the interest rate and interest rate for private loans are agreed upon, it will be carried out in accordance with the agreement between the two parties; if there is no agreed upon interest rate and interest rate, it will be an interest-free loan. Before the creditor makes another claim for repayment and pays interest, this is an ordinary loan period, and the people's court will not support interest.

1. Pay attention to writing standards when writing IOUs. When writing IOUs, you need to pay attention to the following matters:

1. The information on the IOUs must be complete to reduce the possibility of modification.

2. When using bank transfer, keep the transfer record completely and state it clearly in the IOU.

3. It is best for the borrower to fingerprint where the payment is made to increase the uniqueness of the borrower.

4. Use clear words; avoid “maybe” and “probably”.

5. Each party must keep a copy of the IOU to prevent one party from losing or modifying it at will.

2. How to write an IOU to make the law effective?

Compared with the three essentials of civil legal relations, the following matters should be paid attention to when issuing an IOU:

1. Subject It is necessary to clearly express the subjects of the creditor's rights and debt relationships, that is, who is the creditor and who is the debtor (pay attention to the ambiguous meaning of the word "borrow"). When a natural person is the subject, the name on his or her ID card should be checked. If conditions permit, the name on the IOU should be included. The resident ID card number should be copied on it; when a legal entity is the main body, the official seal of the entity should be stamped.

2. The unit of the object amount should be clear. The amount should be written in traditional Chinese characters, and the ratio should be clearly defined as percentage, thousandth and ten thousandth.

3. Express the content clearly and avoid ambiguity. The return date should be clearly stated. If there is an agreement on interest, this should be stated. Otherwise, it will be regarded as no interest according to law. If there is an agreement on liquidated damages, this should be stated clearly. If there is a guarantor, the method of guarantee should be indicated and the guarantor should be specified.

4. In duplicate. It is best to have two copies of the document, with each party holding one copy.

3. IOUs without fingerprints are legally supported.

IOUs without fingerprints are legally supported. The following factors also affect the validity of the IOU:

1. The title says IOU;

2. Explain the reason for the debt, illegal debts are not protected by law;

3. Write down the full name and ID number of the debtor. It is best for the debtor to fingerprint;

4. The amount should be written in both Arabic numerals and capital letters to avoid disputes over tampering in the future. ;;

5. Write clearly the method of loan;

6. The period of arrears must be clear to avoid disputes during repayment. It is best to write in capital letters;

7. The interest rate should indicate whether it is an annual interest rate or a monthly interest rate, and should also be capitalized.

I hope the above content will be helpful to you. If you have any other questions, please consult a professional lawyer.

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

Article 667: The definition of a loan contract. A loan contract is a loan from the borrower to the lender upon maturity. A contract to return borrowed money with interest.

Article 668: The form and content of a loan contract shall be in writing, unless otherwise agreed on the loan between natural persons. The content of a loan contract generally includes terms such as loan type, currency, purpose, amount, interest rate, term and repayment method.

Article 669: The borrower shall be obliged to provide true information and conclude a loan contract. The borrower shall provide true information on business activities and financial status related to the loan as required by the lender.

Article 670: Borrowing interest shall not be deducted in advance, and loan interest shall not be deducted in advance from the principal. If interest is deducted from the principal in advance, the loan shall be returned and interest calculated based on the actual borrowed amount.

Article 671: If the lender fails to provide the loan as agreed and the borrower fails to collect the loan as agreed, if the lender fails to provide the loan on the agreed date and amount, causing losses to the borrower, The losses should be compensated.

If the borrower fails to collect the loan on the agreed date and amount, the borrower shall pay interest on the agreed date and amount.