In daily lending behavior, the accuracy of the IOU, as a legal document that proves the lending relationship between the two parties, is very important. However, sometimes due to negligence or other reasons, there may be inconsistencies in the upper and lower case amounts on the IOU. So, in this case, how should the loan amount be determined?
Internet invasion and deletion.
Case Review:
Uppercase is 24,000 yuan, and lowercase is 27,000 yuan.
One day, Xiao Wang borrowed money from Xiao Luo due to poor capital turnover. Xiao Wang gave Xiao Luo an IOU, which stated that "I, Wang XX, due to capital turnover problems, borrowed RMB (uppercase) from Luo XX today, (lowercase) 27000", and also stated the date of commitment to return and the confirmation that I had received a loan of 27,000 yuan from the borrower, and signed and pressed my fingerprint. However, when the deadline came, Xiao Luo did not receive the repayment, so he sued the court. During the trial, the court found that the capitalization of the loan amount was inconsistent.
In this regard, Xiao Luo argued that "I didn't notice the inconsistency in capitalization at that time, it was actually 27,000 yuan", and the defendant Xiao Wang did not appear in court to participate in the lawsuit.
The court held that there was a dispute over how the loan amount should be determined because of the inconsistencies in the capitalization of the loan amount contained in the IOU.
According to the relevant provisions of the Civil Code, if the loan amount in the IOU is inconsistent, it shall be determined based on the evidence provided by both parties, daily life experience and writing habits. Although generally speaking, the uppercase amount is more standardized and rigorous than the lowercase amount, but the IOU in this case is now two lowercase loan amounts of 27,000 yuan. Moreover, Xiao Wang did not file a reply after receiving the response materials in this case, so he regarded Xiao Wang as acquiescing to the repayable amount of 27,000 yuan that Xiao Luo said. Accordingly, the court ruled that Xiao Wang should return 27,000 yuan to Xiao Luo in accordance with the law.
Reminder of the lawsuit:
When writing an IOU, be sure to check the information carefully to ensure that it is accurate. In particular, the key information of the loan amount should be written carefully to avoid errors such as inconsistent capitalization amounts.
When an error on an IOU is discovered, it should be communicated with the other party in a timely manner and corrected. If an agreement cannot be reached, legal remedies can be sought to resolve the dispute.
In the process of borrowing, it is necessary to keep relevant evidence, such as bank transfer records, chat records, etc. This evidence can provide strong support for oneself in the event of a dispute.
When dealing with IOU disputes, it is necessary to follow the provisions of the law, be based on facts, and be based on evidence. At the same time, it is necessary to maintain an objective and fair attitude and safeguard its legitimate rights and interests.