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How to get debtors to write IOUs?
Legal analysis
Write an IOU, indicating the name, ID number, loan amount, interest, loan period and the fees for claiming creditor's rights, legal fees, preservation fees, etc. The general evidence is mainly bank remittance voucher. If the loan is bank remittance, the most favorable evidence is the bank remittance voucher; Cell phone text messages. You can get the other party to admit the fact of borrowing money by SMS. Then save the other party's reply information. This is evidence. Audio and video recording. Many parties admitted to borrowing money. During the dunning period, I called the other party several times and recorded the conversation, then I burned the CD and saved it. Eyewitness testimony. Confirm the loan amount. When looking for a loan, did anyone see it? Did anyone provide witnesses and testimony? IOUs and IOUs are common items in life and work. Although there is only one word difference between these two articles, their legal meanings are far from each other. An iou is a certificate issued by the debtor to the creditor to show that he still owes something or some money, which is generally used to prove the relationship between creditor's rights and debts. Therefore, in daily life, if it is really a loan between relatives, friends and colleagues, it is recommended to make a loan. If the amount is large, it is best to have a third person witness. Keep the transfer voucher and payment voucher for transfer payment. Chat information can also be used as evidence.
legal ground
Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases Article 2 When a lender brings a private lending lawsuit to a people's court, it shall provide creditor's rights certificates such as IOUs, receipts, IOUs and other evidence that can prove the existence of the legal relationship between lending and borrowing. If the creditor's rights certificate such as IOUs, receipts and IOUs held by the parties does not specify the creditor, and the party holding the creditor's rights certificate brings a private lending lawsuit, the people's court shall accept it. The defendant raised a factual defense against the plaintiff's creditor qualification, and the people's court ruled that the plaintiff did not have the creditor qualification after examination and dismissed the prosecution.
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