An IOU is a voucher for borrowing between civil subjects. If an IOU is signed and a loan is borrowed, repayment should be made according to the IOU agreement. If you sign the IOU but don't pay back the money, you are sued to the court. If the evidence is true and sufficient, the court will judge the borrower to repay the money according to the agreement on the IOU, pay the corresponding interest and compensate the lender for the loss. If the borrower still fails to repay the loan after the court decision takes effect, the borrower may apply to the court for compulsory execution. If the borrower has property available for execution, it will be directly transferred.
1. If the amount is more than 1, yuan but less than 1, yuan, it will be classified as "large amount" according to Article 196 of the Criminal Law;
2. If the amount is more than 1, yuan but less than 1 million yuan, it will be classified as "huge amount" according to Article 196 of the Criminal Law;
3. If the amount is more than 1 million yuan, it is classified as "extremely huge amount" according to Article 196 of the Criminal Law. The amount of malicious overdraft does not include compound interest, late fees, handling fees and other fees charged by the issuing bank.
The so-called "malicious overdraft" in Article 196 of the Criminal Law of the People's Republic of China
refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it after being urged by the issuing bank. However, the Supreme People's Court and the Supreme People's Procuratorate's Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management has made more specific and clear provisions on malicious overdraft, which refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it for more than three months after being collected twice by the issuing bank.
article 26 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.