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IOU Is an individual or unit in arrears Credential practical documents written to relevant units or individuals when the goods are owed. IOUs are also called "white IOUs" today. The IOU is also a kind of voucher commonly used in daily life to prove that one party owes the other party property.
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1. The format shall be standard and clear.
It is recommended to use an IOU Receipt The standard format of such documents. A complete IOU mainly includes four elements: creditor 、 obligor , the content of the debt and the return time, of course, including the signature and time;
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2. Form considerations.
When writing a voucher, there should be no blank space between the lines, otherwise it is easy for the holder to add other content. Do not write with faded pen. It is better to use black ink or blue black ink for pen. Black ink pen is also acceptable.
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3. The subject matter shall be clearly written.
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Model of IOU
This is to borrow an amount of RMB ______ from ________ due to the inconvenience of ________ recently. It is expected that the goods will be returned as scheduled before MM/DD/YYYY. During the period, the monthly interest shall be ______ yuan only, which shall be paid at the beginning of each month without error.
The above is for fear of being unprovoked. Hereby Debit note In witness whereof.
Evidence lender:_______ ID No.: ___________ l Contact address: ___________ Tel:________
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The term of validity of the IOU refers to the Limitation of action The limitation of action of the IOU does not affect the validity of the IOU itself. As long as it is a true and valid IOU signed legally, the IOU itself is valid no matter how long it lasts. Time is only a matter of ensuring whether the limitation of action has been exceeded and whether it will be protected by law.
The limitation of action on the IOU, and private lending The limitation of action of the same depends on whether the repayment time is agreed. If the repayment date is specified, the limitation of action will be calculated for three years from the next day of the repayment date. If no return time is agreed, the maximum limitation of action is 20 years.
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There are two cases concerning the limitation of action of "IOU":
The first case is that, Regarding the debtor's failure to perform after the agreed time limit for performance expires debt However, according to the law, It should be recognized that Interruption of limitation of action 。 If the creditor has not claimed rights after the interruption of the limitation of action, Limitation period 3 years shall be recalculated from the second day on which the creditor receives the debtor's debt clause.
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The second case is that, For a contract with an undetermined time limit for performance, if the debtor fails to pay the price and issues a debt note to the creditor without a repayment date, the limitation period shall start from the time when the creditor claims rights against the debtor. Of course, if any evidence The IOU can also be used to prove that it is the voucher of debit and credit relationship.
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1、 What should I do if I lose my IOU
1. If you lose the IOU, you can also sue, provided that there is evidence and within the limitation of action.
2. Evidence, including audio recording and payment voucher, is acceptable witness It's best to witness.
3. After the judgment of the court, if the other party does not return, it can apply Court enforcement The debtor who maliciously defaults may also be detained. If the debtor dies, he may make repayment from his estate.
2、 How to sue without IOU
（1） There is no IOU for the loan relationship, which does not hinder the prosecution;
（2） The prosecution should meet the relevant conditions, which has nothing to do with whether there is a debt receipt or not;
1. A lawsuit means that a citizen, legal person or other organization submits a lawsuit to the people's court because of the division or dispute of its civil rights and interests litigation A lawsuit that requests the people's court to exercise the protection of the judicial power of the state.
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The legal validity of the IOU requires the following conditions:
1. It must be the content that can prove the fact of debt.
2. It must be an expression of true meaning.
3. The receipt must be obtained legally.
Finally, whether the IOU is effective or not should be recognized by the court and accepted by the court.
1. It must be the content that can prove the fact of debt. That is to say, the IOU must have clear debtor, creditor, borrowing time, amount and other necessary elements, otherwise it cannot prove who owes whom or how much money, and the certification power of the IOU will be insufficient;
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1. Preparation Arrears prosecution Pleadings, evidentiary materials (IOUs, etc., know the name, approximate age, residential address, contact information of the other party), fund transaction records, evidence of the last call (witnesses, audio recordings, etc.)
2. Bring a lawsuit to the court where the defendant is domiciled, and at the same time submit a copy of the IOU and ID card to the court
3. Arrears received by the court indictment After review, the qualified ones will be given Filing a case , and then Hearing
4. Made by the court after hearing first instance Judgment, if the other party does not appeal, the judgment will come into force after 15 days
5. If the other party fails to fulfill the repayment obligation, you can apply to the court for enforcement.
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There are many ways to recover arrears, such as negotiating with the other party to ask for payment. Negotiation is the best way
If negotiation fails, you can Entrusted lawyer Send a lawyer's letter to the other party. The lawyer's letter can serve as a reminder and warning to the debtor, urging the other party to repay in time Liability for breach of contract It is much more convenient than the judicial way, but the lawyer's letter is not mandatory. If the other party refuses to return it, it can finally bring a lawsuit to the people's court. If the other party refuses to return it after the lawsuit, it can apply for compulsory execution.
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Consultation on IOUs
Law Chart Chaozhou Lawyer Recent reply:
Resolution: For the defendant who constitutes the crime of credit card fraud, the conditions for applying for commutation of sentence usually cover the following aspects: The first is to return the stolen money or compensate the economic losses suffered by the victim in good faith; Secondly, they showed sincere attitude of confession and repentance and good behavior during the trial; Finally, he performed meritorious service during the trial. The court will make a comprehensive assessment based on the seriousness of the crime, the degree of harm to society, the defendant's repentance and other factors to decide whether to commute the sentence. Legal basis: Article 78 of the Criminal Law of the People's Republic of China A criminal sentenced to public surveillance, criminal detention, fixed-term imprisonment or life imprisonment may have his sentence commuted if, during the period of execution, he conscientiously observes prison regulations, accepts education and reform, and shows true repentance or performs meritorious service; A person who has performed one of the following major meritorious deeds shall have his sentence commuted （1） Stopping others from committing major criminal activities; （2） Reporting major criminal activities inside and outside the prison, which are verified through investigation; （3） Having inventions, creations or major technological innovations; （4） Sacrificing oneself to save others in daily production and life; （5） Outstanding performance in resisting natural disasters or eliminating major accidents; （6） Having made other significant contributions to the country and society.
Lvtu Changping District Lawyer Recent reply:
Resolution: Rape is defined as one of the serious criminal offences, and the requirement for bail mainly depends on the degree of potential harm to the society of the accused, whether they may interfere with the judicial process, and whether there are special conditions such as serious diseases and pregnancy. The court and the procuratorate will analyze and evaluate the actual situation of the case to decide whether to grant bail permission to the defendant. Legal basis: Article 67 of the Criminal Procedure Law of the People's Republic of China lists the general conditions for obtaining a guarantor pending trial, including 1. Those who may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment; 2. It may be sentenced to fixed-term imprisonment or more, and the adoption of guarantor pending trial will not cause social danger; 3. A woman who suffers from serious disease, cannot take care of herself, is pregnant or breast-feeding her own baby, and takes a guarantor pending trial, which will not cause social danger; 4. When the term of custody expires, the case has not been completed and it is necessary to obtain a guarantor pending trial.
Lawyer of Yubei District Recent reply:
Resolution: In Shandong Province, the conditions for non prosecution of dangerous driving cases mainly cover the following aspects: First, although the behavior of the perpetrator meets the legal requirements of dangerous driving, its circumstances are relatively minor and the harm to society is small, so that it is not enough to investigate criminal responsibility; Secondly, the perpetrator has no criminal record before this, belongs to the first crime and has profound knowledge and repentance for his own crime; Moreover, the behavior of the perpetrator has not caused substantial damage or serious consequences to others or society; Finally, the actor can actively assume the corresponding legal responsibility and make reasonable economic compensation to the injured party, so as to gain the understanding of the other party. If all the above conditions are met, the procuratorial organ may decide not to prosecute according to law. Legal basis: Article 177 of the Criminal Procedure Law of the People's Republic of China, if the criminal suspect has no criminal facts, or has one of the circumstances specified in Article 15 of this Law, the People's Procuratorate shall make a decision not to prosecute
Law Tu Haixi Lawyer Recent reply:
Resolution: In the criminal procedure, as a compulsory measure, obtaining a guarantor pending trial is mainly applied to those suspects and defendants who may be sentenced to control, detention or independent application of additional punishment. At the same time, this measure can also be applied to those suspects or defendants who may be sentenced to more than fixed-term imprisonment, but who will not pose a danger to society after adopting the bail pending trial measure. Of course, if the suspect is suffering from serious diseases that make him/her unable to take care of himself/herself, or is in pregnancy or lactation, all these people may have the opportunity to obtain a guarantor pending trial. Legal basis: Article 67 of the Criminal Procedure Law of the People's Republic of China clearly stipulates that The People's Court, the People's Procuratorate and the public security organ may obtain a guarantor pending trial for a criminal suspect or defendant under any of the following circumstances （1） Those who may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment; （2） It may be sentenced to fixed-term imprisonment or more, and the adoption of guarantor pending trial will not cause social danger; （3） A woman who suffers from a serious disease, cannot take care of herself, is pregnant or breast-feeding her own baby, and takes a guarantor pending trial, which will not cause social danger; （4） When the term of custody expires, the case has not been completed and it is necessary to obtain a guarantor pending trial. Obtaining a guarantor pending trial shall be executed by the public security organ
