An IOU is a document written by an individual or unit to the relevant unit or individual when it owes money or things. Proving that one party owes money to the other party is a common written evidence in daily life. So how can I write an iou to take effect in law?
I. Format and Precautions of IOUs
IOUs are short and pithy, and are often used in daily civil and commercial activities.
According to the three elements of civil legal relationship (subject, object and content), the following matters should be paid attention to when issuing IOUs:
1, subject
It is necessary to clearly express the subject of the creditor-debtor relationship, that is, who is the creditor and who is the debtor (pay attention to the ambiguity of the word "borrow"); If a natural person is the main body, the name on the ID card should be checked, and the number of the resident ID card should be copied on the receipt when conditions permit; If the legal entity is the main body, it shall be stamped with the official seal of the entity.
2. Objectives
The unit of the amount should be clear, the amount should be written in traditional Chinese characters, and the proportion should be clear, such as percentage, thousand ratio and ten thousand ratio.
3. Content
Express clearly and pay attention to avoid ambiguity. The date of return should be clear, if there is an interest agreement, it should be stated, otherwise it will be regarded as no interest according to law, and if there is an agreement on liquidated damages, it should be stated. If there is a guarantor, the method of guarantee shall be indicated, and the guarantor shall be indicated.
4. In duplicate
It is better to have two receipts, one for each party. As a quick and convenient confirmation method, the receipt is usually written by hand, and the issuer is specific, that is, it is written and sealed by the debtor, the borrower and the donee, but in reality it is often written by the creditor, the lender and the donor, and then signed by the debtor, the borrower and the donee. In this case, if the borrower, the borrower and the payee don't have the same receipt, and the writer tampered with the only remaining receipt, such as adding the amount of the loan, how can the signatory defend? On the contrary, if there are two identical documents (in duplicate), cheating by both parties will not only be futile, but also hurt feelings.
Second, formal IOUs.
I borrowed * * * RMB today and paid it off before * * *.
Pay liquidated damages at *% of the total amount every year.
Borrower: * * *
* Year * Month * Day
IOU (I owe you)
It is hereby confirmed that RMB (amount) is owed to (creditor) for (reason).
By person * year * month * day.
legal ground
Article 668 of the Civil Code
A loan contract shall be in written form, unless otherwise agreed between natural persons. The contents of a loan contract generally include terms such as loan type, currency, purpose, amount, interest rate, term and repayment method.