Consulting services丨Finance, Finance and Taxation, Legal Editor, Li Xiongwei.
It isXiaowei Consultingof theoriginal article.
In our daily life in Wuhan, we will inevitably encounter some problems of capital turnover;
Especially at the end of the year, many people don't have time to borrow money in some financial institutions, and what they think of is to turn around their relatives and friends!
The small amount is also verbally said, when this amount is larger than the price, there will be disputes, then"IOU".It has become the key point to solve the problem;
However, a series of traps caused by the irregularities in the issuance of IOUs are not something that everyone can avoid in time!
Today, Xiaowei is going to talk to you about the "IOU", and several traps involved:
1. When writing an IOU, write the wrong person's house
1. IOUs issued with "nickname", "nickname", "nickname", etc.;2. Deliberately write the words in the name into other words, for example: "Zhang Feng stop" is written as "Zhang Feng stop";3. Issue an IOU in a name different from the name on the ID card4. Sign in scribbled characters that are difficult to read;
In the above cases, once the defendant denies that the IOU was issued by the defendant in the lawsuit, then the plaintiff needs to prove that the defendant and the borrower written in the IOU are the same person, if it cannot be proved, then it is very likely to lose the lawsuit!
On this point, Xiaowei consulted the company's legal departmentAdvice obtained:
When writing an IOU, we need to check the borrower's original ID card and make a copy of it, or ask the borrower to write down personal information such as date of birth, home and ID card on the IOU
2. The IOU written by the elimination pen
At present, there is a kind of elimination pen on the market, which is no different from an ordinary gel pen, but the ink in it is more special, and it will automatically fade until it disappears after a period of writing
On this point, Xiaowei consulted the company's legal department and obtained advice:
When writing an IOU, you should carefully check the pen provided by the other party, and try to use the ordinary gel pen you carry to avoid such risks
3. The "IOU" of another person's **
Xiao Wang borrowed money from Xiao Zhang, and then Xiao Zhang asked Xiao Wang to write an IOU, and Xiao Wang claimed to go to get a pen and paper and left the scene, and then came back with the written IOU, Xiao Zhang saw the content of the IOU and had no objection, so he didn't care;
Then Xiao Wang did not repay the money as agreed, Xiao Zhang sued Xiao Wang to the court, demanding that Xiao Wang return the arrears, but Xiao Wang refuted that the IOU was not written by him, and after judicial appraisal, the IOU was indeed not Xiao Wang's notes, and the court rejected Xiao Zhang's claim on the grounds that the evidence was insufficient;
On this point, Xiaowei consulted the company's legal departmentAdvice obtained:
When writing the IOU, the lender should ask the borrower to write on the spot, and cannot leave his sight, so as to prevent the lender from finding others and causing unnecessary trouble!
Fourth, with a copy of the IOU, a scanned copy, "stealing beams and changing columns".
Xiao Zhang borrowed a sum of money from Lao Chen, Lao Chen asked Xiao Zhang to write an IOU, Xiao Zhang claimed to enter the IOU into the account, so as to return the IOU to a nearby copy shop, Lao Chen did not check in detail whether the IOU was the original;
Later, Xiao Zhang failed to repay the loan on time in accordance with the loan agreement, and Lao Chen sued Xiao Zhang to the court to demand that he return the loan, but Xiao Zhang argued that the IOU was a copy and could not be used as the basis for the verdict.
After judicial appraisal, the IOU was indeed a photocopy, and the court found that the IOU provided by Lao Chen was a photocopy, and if there was no other evidence to support it, the evidence was insufficient to reject his claim
On this point, Xiaowei consulted the company's legal departmentAdvice obtained:
When the borrower writes the IOU, it is necessary to ask the borrower to press the key content such as name, amount, and date to prevent the borrower from stealing the beam and replacing the pillar with a copy
The lender should ensure that the whole process does not leave its sight, or check whether the IOU has the imprint caused by writing in front of a bright light source, so as to prevent the borrower from secretly exchanging copies and scanned copies, which will lead to unnecessary trouble!
5. The guarantor's signature is to indicate the guarantor's identity.
Xiao Zhang borrowed money from Lao Zhu, but the loan was guaranteed by Lao Chen, and when he wrote the IOU, Lao Chen also signed the IOU, but did not indicate the identity of the guarantor, and there was no content in the IOU that Lao Chen needed to bear the guarantee liability;
Later, Lao Zhu sued Xiao Zhang and Lao Zhu to the court, demanding that Xiao Zhang repay the money, and Lao Chen assumed the guarantee liability, and Lao Chen defended that the reason why he signed the IOU was only as a witness for Xiao Zhang to borrow money from Lao Zhu, not his guarantor, and if Lao Zhu failed to provide other testimony to prove that Lao Chen signed as a guarantor, the court would rule that Lao Chen did not need to bear the guarantee liability;
On this point, Xiaowei consulted the company's legal departmentAdvice obtained:
According to Article 10 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Lending Cases, if another person signs or seals an IOU, receipt, IOU or other bond voucher or loan contract, but does not indicate the identity of the guarantor or bears the guarantee liability, or cannot be determined to be the guarantor through other matters, the people's court shall not support the lender's request for the lender to bear the guarantee liability;
Sixth, the IOU is written into a receipt and a receipt
Xiao Liu borrowed money from Lao Zhu and wrote a note: I received (obtained) Lao Zhu's cash of XX million yuan today
However, Xiao Liu did not return the arrears, and Lao Zhu sued Xiao Liu to the court, demanding that he return the loan, but Xiao Liu argued: Lao Zhu had other economic transactions with him, and this receipt (receipt) related to other transactions between the two parties, and provided the details of the bank transactions between the two parties before that;
If Lao Zhu is unable to provide other evidence to prove the existence of a loan relationship between the two parties, the court will reject Lao Zhu's claim
On this point, Xiaowei consulted the company's legal departmentAdvice obtained:
Receipts, taking notes are only to prove the payment for delivery, but in the absence of other evidence to support it, it is not enough to prove the nature of the money, the court needs to review the borrowing relationship on the basis of, IOUs, receipts, confirmations and other evidence to confirm, the borrowing should issue an IOU, clearly stating the borrowing relationship;
7. The amount of the loan is written in lowercase only.
Lao Chen borrowed 8,000 yuan from Lao Zhu, Lao Zhu wrote an IOU by himself, and wrote 8,000 yuan at the loan amount
Later, Lao Zhu sued Lao Chen to the court with a stamped IOU, demanding the return of the 8,000 yuan borrowed, but Lao Chen said that the actual loan amount was only 800 yuan at that time, and Lao Zhu tampered with the content of the IOU, so this negligence caused Lao Zhu to fall into unnecessary trouble!
On this point, Xiaowei consulted the company's legal departmentAdvice obtained:
The IOU shall be written by the borrower himself, and the amount borrowed shall be written in upper and lower case and the lowercase amount shall be indicated in parentheses after the uppercase amount, so as to prevent the lender from intentionally leaving a gap when writing the IOU and tampering with the content of the IOU;
8. Interest is not written on the IOU
Xiao Liu borrowed money from Lao Zhao, and the two parties verbally agreed on an annual interest rate of 10%, the loan term was one year, and the interest was paid in a lump sum when it expired
However, Lao Zhao later sued Xiao Liu to the court to demand the return of the principal and interest, but Xiao Liu argued that the two parties did not agree on the interest, and if Lao Zhao could not provide other evidence to prove that the two parties agreed on interest, the court would reject Lao Zhao's claim for Xiao Liu to pay interest
On this point, Xiaowei consulted the company's legal departmentAdvice obtained:
According to Article 24 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Lending Cases, if the borrower and the borrower have not agreed on interest, and the lender claims to pay interest, the people's court will not support it.
or if the agreement on interest between natural persons is not clear, the lender's claim for payment of interest will not be supported, and the lender shall require the borrower to clearly write the interest rate of interest and the method of interest settlement on the IOU
Xiao Liu borrowed 100,000 yuan from Lao Zhao, the annual interest rate agreed by the two parties was 12%, the loan term was one year, and the principal and interest were repaid in a lump sum when due
After the loan expired, Xiao Liu was unable to repay the principal and interest, and after negotiation between the two parties, Xiao Liu renewed the loan for one year, and Lao Zhao requested that the IOU issued before be destroyed, and Xiao Liu wrote an IOU for Lao Zhao from the beginning, and the loan amount was written as: 1120,000 yuan, with an annual interest rate of 12%.
Later, Lao Zhao sued Xiao Liu to the court to demand repayment of principal and interest, but Xiao Liu defended: the loan amount was only 100,000 yuan, 120,000 yuan is to record the previous interest into the principal to calculate compound interest, but it failed to provide corresponding evidence, and the court ruled that Xiao Liu should be based on the principal of 1120,000 yuan to repay principal and interest;
On this point, Xiaowei consulted the company's legal departmentAdvice obtained:
According to Article 27 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases, if the borrower and the borrower record interest on the principal of the previous loan after settlement, and re-issue the creditor's rights certificate, if the interest rate in the early period does not exceed 4 times the one-year loan market interest rate at the time of the conclusion of the contract, the amount of the re-issued creditor's rights certificate can be recognized as the principal of the later loanThe interest on the excess part shall not be recognized as the principal of the later loan;
If the sum of the principal and interest payable by the borrower after the expiration of the loan term exceeds the sum of the interest for the entire loan period calculated on the basis of the initial loan principal and 4 times the one-year loan market interest rate at the time of the conclusion of the contract, the people's court shall not support it
If the borrower requests that the interest of the previous period be credited to the principal of the later period, the lender shall clearly indicate the above contents in the IOU, otherwise in the event of a lawsuit, the borrower cannot provide evidence to prove that the principal indicated in the IOU includes the interest of the previous loan, and the court will not be able to support the borrower's claim;
9. Chop off the head
Lao Wang borrowed 100,000 yuan from Xiao Zhang, the two parties agreed that the annual interest was 10%, the loan term was 1 year, and the principal and interest would be repaid in a lump sum when due, Lao Wang wrote an IOU of 100,000 yuan to Xiao Zhang, but Xiao Zhang only paid Lao Wang 90,000 yuan, and the remaining 10,000 yuan was the interest deducted in advance.
Later, Xiao Zhang sued Lao Wang to the court to demand that he repay the principal and interest, and Lao Wang defended that he only received 90,000 yuan in cash, and in the lawsuit, Lao Wang needed to collect evidence to prove that he did not receive all the loans, so as to protect his rights and interests;
According to Article 26 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases, IOUs, receipts, IOUs and other creditor's rights certificates that need to indicate the amount of the loan are generally recognized as the principal, and if the interest is deducted from the principal in advance, the borrower shall claim his rights in a timely manner in accordance with the law when issuing the IOU;
On this point, Xiaowei consulted the company's legal departmentAdvice obtained:
In the absence of evidence to the contrary, it shall be deemed to be the principal of the loan, and if the lender deducts the interest in advance when delivering the loan, the borrower shall claim its rights in accordance with the law in a timely manner when issuing the IOU
10. Wrote an IOU, but did not receive the payment
Xiao Zhang borrowed 50,000 yuan from Lao Zhu, and after Xiao Zhang wrote an IOU, Lao Zhu gave 30,000 yuan in cash and delivered it to Xiao Zhang, and the remaining 20,000 yuan was then paid by transfer, but then Xiao Zhang did not receive the remaining 20,000 yuan, and Xiao Zhang did not care about these because of the relationship between the two parties;
Later, Lao Zhu sued Xiao Zhang to the court, asking for a planned loan of 50,000 yuan, Xiao Zhang defended that he only received 30,000 yuan, but could not provide corresponding evidence, and the court finally ruled that Xiao Zhang should repay Lao Zhu's loan of 50,000 yuan
On this point, Xiaowei consulted the company's legal departmentFeedback obtained
An IOU is a legally effective proof of creditor's rights, and the issuance of an IOU for others is a creation of a creditor's right for others, and the borrower should issue an IOU after the lender actually pays the principal of the loan
If the lender fails to pay the loan in full and in a timely manner after the borrower issues the IOU, the borrower shall claim its rights against the lender in a timely manner and retain relevant evidence
If the lender refuses to pay the principal amount of the loan, the borrower shall revoke the IOU issued to the lender by filing a lawsuit;
Xiaowei concluded.
In fact, there are many such cases, and the end of each year and the beginning of the year are the most contacted, just an IOU case has so many traps, in fact, when Xiaowei chatted with the partners of the legal department, he said that it is common or contract disputes;
Therefore, you must pay attention to any written document and consider it carefully, if you really have no judgment ability, please consult Xiaowei!
Financing loan is leverage, business creates value, whether family or business is inseparable from finance, you can let you have one more friend who understands finance;