Do I need a lawyer to make an IOU?

Generally, you do not need to hire a lawyer to file an IOU.

You only need to prepare a complaint to go to court. At present, laws and regulations do not explicitly require you to hire a lawyer. You can sue yourself. If you really have difficulty writing a complaint, you can file an oral lawsuit. The People's Court will record the plaintiff's oral statement and inform the other party.

It is recommended that when the IOU exceeds the statute of limitations, friendly negotiation should be considered to encourage both parties to reach a repayment agreement on the original IOU. If the credit union issues a loan collection notice to the borrower after the statute of limitations has expired, the debtor's signature or seal on the notice will be regarded as a re-confirmation of the original debt, and the creditor-debtor relationship is protected by law. Although the borrower's legal status is not necessarily equivalent to that of a credit union, borrowers may still consider taking this step.

Legal Basis

Lawyers Law of the People's Republic of China

Article 7 If the applicant has any of the following circumstances, the lawyer's practicing certificate will not be issued:

(1) Having no capacity for civil conduct or having limited capacity for civil conduct;

(2) Having been criminally punished, except for criminal negligence;

(3) Being expelled holding public office or having their practicing certificates as lawyers or notaries revoked. Article 6 To apply to practice law, an application should be made to the judicial administrative department of the people's government of a districted city or municipality directly under the Central Government, and the following materials should be submitted:

(1) National unified legal professional qualification certificate;

(2) Materials issued by the Lawyers Association indicating that the applicant has passed the internship assessment;

(3) Proof of identity of the applicant;

(4) Document issued by the law firm Proof of consent to receive the applicant.

If you apply to practice part-time as a lawyer, you must also submit proof that your employer agrees to the applicant's part-time lawyer's occupation.

The department accepting the application shall conduct an examination within 20 days from the date of acceptance, and submit the examination opinions and all application materials to the judicial administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government. The judicial administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government shall review the submitted materials within 10 days from the date of receipt and make a decision on whether to allow practice. If the applicant is allowed to practice law, a lawyer's practicing certificate shall be issued to the applicant; if the applicant is not allowed to practice law, the applicant shall be given a written explanation of the reasons.