How should I write the loan?
A complete and valid IOU needs to specify the following points: (IOU template is attached)
1, title
The title must be written "IOU", not "IOU". If you make a mistake, you may need to give evidence many times after the prosecution, or even the prosecution will not be established.
Of course, what belongs to the nature of IOUs and receipts cannot be written as IOUs.
2. Reasons for borrowing money
Indicating the purpose of the loan can prevent the borrower from defending on other grounds, such as gambling debts and breakup fees.
In addition, the people's court will support it if it can be proved that the debt is used for the life, production and operation of the husband and wife, or that the husband and wife have the same intention.
3. Mode of delivery
Although you can choose to pay in cash, it is best to pay the arrears by bank transfer, and if necessary, you can indicate the borrower's bank card number on the debit note. Once a dispute occurs, it can be submitted to the court as evidence with a bank remittance voucher. If it is cash delivery, it is difficult to verify.
4. Lending relationship
The purpose of stating the relationship between borrowers and borrowers is to prove that they are not lending money to "unspecified people".
5. Lenders
The full name of the lender shall be stated, which is consistent with the name on the ID card.
If the lender is not stated on the IOU, there will be cases where others ask for money with IOU. Be sure to specify the lender's full name.
Whether the lender signs the IOU or not does not affect the validity of the IOU.
6. Loan amount
The amount should be expressed in currency, and Arabic and capital figures should be written at the same time to avoid tampering with the figures.
● The Chinese amount in alphanumeric characters should be written "whole" (or "positive") after "yuan", but not "whole" (or "positive") after "angle" and "minute";
● Yuan can also be written as the number of "circles" in Chinese, written by numerals.
7. Interest
The upper limit of judicial protection of private lending interest rate is set at four times the one-year loan market quotation (LPR) issued by the National Interbank Funding Center authorized by the People's Bank of China on the 20th of each month.
8. Repayment period
Agreed repayment period: the limitation of action is 3 years from the date of expiration of repayment period.
No agreed repayment period: the parties can demand repayment at any time, and the three-year statute of limitations does not start to calculate, and the longest statute of limitations is 20 years. ?
9. Overdue interest
If there is an agreement between the borrower and the borrower on the overdue interest rate, such agreement shall prevail, but it shall not exceed 4 times the market quotation of one-year loan when the contract is established.
10, the cost of realizing creditor's rights
There is an agreement on overdue interest rate, liquidated damages or other expenses, and the lender can choose to claim overdue interest, liquidated damages or other expenses, or both, but the total amount shall not exceed 4 times of the listed interest rate of one-year loan market at the time of contract establishment.
1 1, delivery
The service address is agreed, and the relevant legal consequences are clearly stated in the IOU. The borrower can foresee the legal consequences of the service clause litigation. This agreement has the necessary elements of the confirmation of service address, that is, it has the same effect as the confirmation of service address. Even if the relevant litigation documents are returned at the time of delivery, they are regarded as legal delivery.
12, micro signal
Now the chat records and transfer records of WeChat can be the key evidence of litigation.
Write the other party's micro-signal directly in the debit note. In the event of a dispute, you can directly identify the micro-signal as the debtor's own micro-signal, and verify the chat record and transfer record.
Note: WeChat chat records, transfer records, etc. When it is used as evidence in litigation, certain conditions need to be met, and a notice will be uploaded separately later.
13, borrower
The borrower may not sign, but must write the full name after "Borrower:", which is consistent with the name on the ID card, and must attach the ID card number and fingerprint by name.
● If the borrower is married, it should be signed by both husband and wife when necessary (the loan amount is large);
● The borrower can take a copy of the signed ID card as an attachment to the IOU, or copy the ID card to the back of the IOU or other blank positions.
Attached:
IOU (Template)
In order to purchase real estate, I borrowed RMB one hundred thousand Yuan only (RMB 65,438+000,000 Yuan) from my friend Li Si by bank transfer, with a monthly interest rate of 65,438+07%, and paid the principal and interest on XX, XX. If it is not paid back within the time limit, the overdue interest shall be calculated and paid at 4 times of the quoted interest rate (LPR) of futures funds in the current year.
If either party (borrower or debtor) breaches the contract, all expenses (including but not limited to attorney's fees, legal fees, security fees, transportation fees, travel expenses, appraisal fees, etc.). If the observant party (lender or creditor) claims compensation from the defaulting party in order to safeguard its rights and interests, it shall be borne by the defaulting party.
The correspondence addresses of the two parties (parties) indicated on the ID card can be used as the addresses for the court to serve dunning letters, statements and litigation documents. If the relevant documents and litigation documents are not actually received or delivered by mail due to incorrect address or failure to inform the change of address in time, the date of return of the relevant documents and litigation documents shall be regarded as the date of delivery.
Attachment: Borrower's ID card.
Lender: Borrower:
ID number: ID number:
XX year XX month XX day? XX year XX month XX day