Are there any IOUs that can be characterized as fraud?

Generally speaking, there are IOUs that cannot be characterized as fraud. The analysis is as follows:

1, IOU is a written contract, contract law? Article 197 A loan contract shall be in written form, unless otherwise agreed between natural persons. The contents of the loan contract include the loan type, currency, purpose, amount, interest rate, term and repayment method.

2. The crime of fraud refers to the act of defrauding a large amount of public or private property by fabricating facts or concealing the truth for the purpose of illegal possession. The object of the crime of fraud is not to defraud other illegal interests.

3. It is generally believed that the basic structure of this crime is: the actor commits fraud for the purpose of illegal possession → the victim has a wrong understanding → the victim disposes of the property based on the wrong understanding → the actor obtains the property → the victim suffers property losses.

4. Article 266 of the Criminal Law stipulates that whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined;

5. If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.

For the IOUs with no repayment date, the lender may demand the borrower to repay at any time. However, if the lender fails to claim rights within 20 years after the borrower issues the IOU, the limitation of action will not start. If the limitation of action has not expired and it is impossible to negotiate with the other party, we can only bring a lawsuit to the people's court and request the people's court to make a ruling according to law.

As far as IOUs are concerned, the statutory limitation of action for IOUs is 2 years. If the repayment date has been marked on the iou, the limitation of action shall be counted from the date when the repayment date is marked. For the IOUs with no repayment date, the limitation of action shall be counted from the day after the debtor issues the IOUs. According to you, your IOU was two years ago. If the statute of limitations has expired, I think the court will no longer support your rights.

References:

Baidu Encyclopedia-People's Republic of China (PRC) Contract Law