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How to write an iou is formal and legal.
1. It is best to write the IOUs by the debtor, but pay attention to the writing standards. Printed IOUs have the same legal effect, but they are easy to forge. The debtor's signature should also be handwritten. The debtor's information must be clearly written with the ID number, and the debtor should be required to provide the original for verification when writing the debt;
2. the date of arrears-be sure to write clearly, preferably accurate to the day. The repayment date can be agreed in the IOU. If the repayment date is not agreed, the debtor may claim to return it at any time. If the repayment date is agreed, the request can only be made when the repayment date expires. If the repayment date is not returned, the lender shall file a lawsuit within three years, and may lose the right to win the case after the deadline;
3. The amount owed should be capitalized in Arabic numerals and Chinese at the same time, and the currency should be clearly written, such as "RMB 100000.00 Yuan only (RMB one hundred thousand Yuan only)" to prevent the holder of the IOU from tampering;
4. Payment shall be made by bank transfer as far as possible, and the account number and transfer date of the other party can be specified in the receipt. For the transfer, you can indicate the purpose of the arrears. If the amount is small, it should be indicated on the IOU that both parties owe money in cash. Either way, the debtor needs to write down the receipt of the money received in a separate letter. The IOU can only prove that there is a contractual relationship between the two parties, which is not enough to prove that the debtor has fulfilled the obligation to pay money;
5. If the debtor is married, it is better to obtain the signature of the spouse, which is more secure for the creditor, so as to avoid that one party refuses to undertake the repayment obligation or execute it in court on the grounds of ignorance, and one party transfers the property to the spouse, resulting in inability to repay;
6. After the iou is issued, the copy of ID card and marriage certificate signed by the debtor shall be collected at the same time;
7. If the amount is large, you can ask a lawyer or a third party to witness and sign it.
There are the following differences between civil IOUs and IOUs:
1, the object of proof is different. IOUs prove debt relations, IOUs prove debt relations. Arrears are definitely arrears, but arrears are not necessarily arrears;
2. The reasons are different. The reason for the formation of IOUs is the specific fact of arrears. There are many reasons for the formation of IOUs, which can be based on various facts, such as IOUs caused by buying and selling, IOUs caused by labor services, IOUs caused by enterprise contracting, IOUs caused by damages, etc.
3. The limitation of action is different. If the repayment date is not specified, the starting time of the limitation period is different.
To sum up, IOUs are generally written in three parts: title, body and ending. However, if the IOU does not meet the requirements of the above four aspects, then no matter how standardized it is, it is not protected by law, which is similar to the situation that after writing the IOU, the debtor does not owe the other party money or has no capacity for civil conduct, and so on.
Legal basis:
Article 143 of the Civil Code of People's Republic of China (PRC)
A civil juristic act that meets the following conditions is valid:
(1) The actor has corresponding capacity for civil conduct;
(2) the meaning is true;
(three) does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.
Article 469
The parties may conclude a contract in writing, orally or in other forms.
Written form refers to contracts, letters, telegrams, telexes, faxes and other forms that can tangibly express the contents contained.
A data message that can tangibly express its content through electronic data interchange, e-mail, etc. , and can be retrieved at any time, are considered in writing.
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