Personal iou
Reason: Due to personal financial difficulties, I borrowed RMB ××× 1000 today.
Borrower: ××× (signature)
Loan date: April 2009 1 repayment date: August 2009 1.
receipt for a loan
How much did Party A lend to Party B on a certain day of a certain year, with the loan term of xx, and agreed to return it on a certain day with interest ... If Party A fails to return it on time, how much penalty will it pay?
Signature of Party A
date
receipt for a loan
Party A xxx (ID number: * * * *) received RMB * * * * (ID number: * * * *) from Party B today. (in words)
The loan term is * * * years, from * * * years to * * * * years.
The loan interest is: * * ..
Borrower signature
date
First of all, you should find a piece of paper with good quality and thickness (easy to keep) and write a complete piece of paper.
It's best to make a copy of the iou after writing it, and keep the original and the copy separately, so it's best to have a copy even if the original is missing.
Be careful in the process of paying back the money. It's better to have someone else present when you pay back the money. Lenders should ensure that they can get the loan back when they give it to borrowers. Some borrowers tore up the loan or even ate it after defrauding the loan, but did not pay back the money, which led to litigation.
But the borrower paid back the money and wanted to get back the original loan, but he couldn't get back the copy. The loan was going to be burned. There was once a case where the borrower paid back the money but couldn't get back the original loan, which led to the lender.
Sue with the original loan. Someone sued for tearing up the pasted IOUs. One party claimed that the IOUs had been repaid and torn up on the spot, while the other party claimed that the IOUs had been torn up by fraud but not paid back. It was difficult for the judge to tell the truth.
When the loan amount is large, it is best to sign a loan agreement to clearly stipulate the rights and obligations of both parties.
Also pay attention to the difference between IOUs and IOUs. In a broad sense, IOUs include IOUs, which are simple loans. IOUs can be caused by buying and selling, compensation, unjust enrichment and other reasons, and the calculation of the limitation of action is also different.
Extended data
Matters needing attention in writing IOUs
1. Borrowers must write IOUs, not lenders. This can prevent the borrower from refusing to recognize the validity of the loan on the grounds that the borrower has written the contents without authorization.
2. The loan should be as concise as possible, and don't use ambiguous language. For example, A lends B 10,000 yuan. This kind of language is not clear about who borrows money from whom, and should use "borrow" instead of "borrow", and there is no clear direction.
3. Don't write the reasons for the IOUs. For example, why I borrowed money from you has nothing to do with the loan itself. If I join, it may lead to a civil act of conditional lending and cause the borrower to invoke a conditional defense.
4. Try to attach the ID numbers of the borrower and lender. Reflected in the IOUs, avoiding the unnecessary process of confirming the parties to the IOUs. Because sometimes some people's daily names are different from those on their ID cards. If the borrower associates with you and writes an IOU under a pseudonym or nickname, then the signature of the IOU is seriously flawed.
The most important thing is that the borrower's signature must be witnessed. If the borrower signs his name with someone else's hand, it will lead to the loss of the loan certificate. So don't accept written IOUs or written IOUs afterwards. Be sure to let the borrower write IOUs in person.
6. The loan itself must be a complete piece of paper, not a torn or scratched piece of paper. There was a real case: a borrower repaid several times, and each repayment was written in the second half of the loan. Finally, the lender tore off the second half, denied the fact that the borrower had repaid before, and took the borrower to court to demand full repayment. The borrower used the torn part of the loan as a defense, and finally the judge accepted the borrower's combination with other documents and ruled that the lender lost the case.
Therefore, the integrity of the IOU is also very important to prevent the borrower from arguing that the IOU is incomplete, because the court does not know whether the torn part has other meaning. In civil litigation, based on the principle that whoever advocates gives evidence, if you advocate tearing up blank and useless waste paper as a plaintiff, you need to give evidence yourself. If you can't give evidence, you will bear the result of losing the case.
7. On the issue of limitation of action, the three-year limitation of action starts from the date of repayment. If you fail to claim the creditor's rights from the borrower within three years from the date of repayment, you will lose the right to win the case. Although legally speaking, as long as you ask the borrower for repayment, the limitation of action will be interrupted, but it is difficult for you to prove that you did claim the creditor's right from the borrower on a certain day (in this case, it is proved by the lender), which is basically not feasible in practice.