Your long experience
Counsel reminds writing IOUs, credit notes,
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private borrowers write IOUs to remind lawyers should pay attention to?
recent years, with the rapid development of market economy,
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I. When the borrower should write \ IOU to the lender the borrower a written certificate issued by the borrower, it is proved that the two sides established a relationship between the loan contract; and failures on both sides carried out before the settlement of economic transactions based on a settlement, it is actually the two sides in the past the settlement of economic transactions, only credit and debt on behalf of a pure relationship between the loan contract does not mean that. Therefore,
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Second, the loan interest rate when the two sides agreed to write IOUs should
practice in many private loan lenders can charge misunderstanding interest, so interest is only in the oral agreement, but not in written into the IOU. In fact, the law of civil parties in the bank loan interest rate 4 times over the same period within the agreed interest. Legal basis are: Supreme, \ no protection.
\. Loan contract between natural persons, the payment of interest rate on the loan the borrower shall not violate the provisions of relevant state limitations. If you do not write IOUs in interest rates, lenders of a prosecution, the borrower does not recognize the two sides agreed, the interest the lender will not receive the Court's support of the request.
Third, when the borrower should write IOUs in the repayment period the borrower in the statute of limitations
within the protected by law, in practice there are many lenders often do not know \ Theorists there is no agreement on the loan repayment period varying understanding of the statute of limitations issue, it was argued for 2-year statute of limitations, it was suggested that 20-year statute of limitations applies. Grasp of the issue around the court are not the same.
Therefore, recovery from the security point of view of debt, borrowing repayment period would be appropriate to write IOUs, such as the borrower fails to return the loan, the lender should the borrower after the expiration of 2 During the year, claims its rights (including the people's court or by the borrower to sign the confirmation reminder notice).
four IOUs should include full loan lender when the borrower full name
practice, lenders and close relationship with the borrower is often not pan relatives, the borrower will write IOUs daily habits title,
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five borrowers IOU should be expressed clearly when there is no ambiguity
more typical case is the seating loans to John Doe 10 million, while loans issued IOUs stated 10 million, a few months later, Joe Smith returned to LI 1 million, ordered to tear up the original promissory note , promissory note issued by Mr Tan again for a John Doe: \ 10 million, 1 million are still outstanding. \ Here, \ The resulting controversy, the lender is very negative.
; IOU, IOU , the receipt of the legal effect of
one, IOUs, IOU, the legal meaning of receipt to prove the facts and legal relationship map
IOU, IOU, the receipt is living and working in the common section data, although only three articles, according to a Word of the poor, but its legal meaning is very different. IOU, issued by the debtor to the creditor that owed something or a certain amount of evidence, generally used to justify claims and liabilities; IOU is the lender to the borrower or the borrower that lenders issued a payment certificate or something, generally used to prove the borrower or borrower relationships; receipt is income people lead people to give or receive something that issued the certificate of a payment, or that is used to reflect the \
Second, the difference between IOU and IOU
lot of people when the fight IOU, IOU when the fight is not always accurately, in fact, the distinction is not difficult. IOU and IOU at least two are different:
First, there are IOUs behind the general flow of funds or in-kind, but the IOUs are not. IOU playing time, lenders \ In contrast with the possession of the state, that is what the owner is possessed by possession, use, when this state has long existed in the fight IOU, IOU's purpose is to confirm to play such a state exists.
Second, the IOUs are generally borrowed and interest, IOU's by the calculation of and interest on loan is generally the starting point, and IOUs although it could be agreed upon and also on the overdue also the legal consequences, but this date is generally IOUs issued after a certain point in time.
practice to write IOU IOU IOU written by or contrary to the situation a lot less, resulting in misfires, the result is often to confirm the facts, identify the legal relationship and the interests of right holders cause unnecessary trouble to achieve.
give a simple example. If A very good relationship with the B, B to A by the 3 million contingency, B made a IOU to A, there is no agreement yet on, then off for two years, there is no statute of limitations if the interruption, suspension, extended situation, A further repayment of court requirements B, it is easy to be found by a court over the loss of limitation in favor of rights. The underlying reason is, IOUs issued from the time when the debtor, the creditor is entitled to claim repayment of its rights, statute of limitations began to calculate, and the general limitation period is two years, two years after the idea again, of course, lost time period. If we had to play the B to A promissory note, there is no agreement by the same period, according to contract law Article zero six, \ sixty-one hereof, can not be determined, the borrower can repay at any time; the lender may demand the borrower to return within a reasonable time \ statute of limitations began starting, when A sued B, of course, the court can legally support. So although the word, but a significant difference in the results opposite.
III, issued by the IOUs, promissory note, the receipt of the Notice
1, the content is relatively perfect. IOUs include full currency amount owed, or the name of the quantity and quality, specifications or models of such basic natural properties, the reasons for default, the return date, the legal consequences of overdue, but also include full creditors, the debtor the exact name or names, the last to be signed by the debtor or the date of signature and include full issue. IOU addition to the above matters to include full, but also include full loan period, interest (or rent) and also the penalty interest overdue (or penalty), and other matters. In addition to the above include full receipt related matters, to include, in particular what the legal consequences, such as \
2, language must be accurate. Eliminate the use of vague terms such as \ I met so many people write IOU: \ In fact, not difficult to write clear, for example you can write \
3, article according to best duplicate, each party holds one. As a fast, convenient way to confirm that, under normal circumstances are the handwritten, according to article, those with a specific issue, namely those from the less, by those who received written and signed, but in reality there are some creditors, loan people, give people who write and then by less, by those who signed the case received. If you owe those who encounter this situation, by those who received not a single hand side of the bar, according to the same, the only author of a section made according to the hands and feet, such as the amount of the loan increases, then the person signing how to defend it? Conversely, if there is two completely different (in duplicate) of data, both for hands and feet is not only futile , but also so hurt feelings.
4, the main body to confirm identity. If a company, check whether the company has been canceled, the accuracy of company name (company name difference is that another company had a word such as \ company), whether a natural person age (to determine whether the full civil capacity), a natural person's name is in line with the identity card (Special Note: homophone will stay trouble). In addition, the subject must leave the basic identifying information ,
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