IOUs, IOUs, and receipts are the three most commonly used documents in private lending, and they each represent different meanings in judicial practice. So how to draft correctly to avoid risks as much as possible? The editor has compiled commonly used templates for everyone ~ let’s take a look
I am an IOU ↓↓
01
The title indicates the nature of the note and both prevents the IOU holder from adding content above the text of the IOU, and also prevents the IOU holder from tampering with the IOU into the last page of a multi-page contract.
02
"For..." indicates the purpose of the loan, so as to avoid the borrower's defense that the loan is gambling debt, breakup fee, etc. in the event of litigation.
03
In private lending, it is common for the IOU to state "how much is borrowed today" to indicate that the loan item has been actually delivered. However, once a dispute occurs, it is still common for the borrower to claim that although the IOU has been issued, the payment has not actually been received. Therefore, using the expression "how many yuan of the loan has been received today" emphasizes that the money has been actually delivered.
04
The full name of the lender should be written here, which should be consistent with the name on the ID card.
05
The lender’s name should be followed by an ID number.
06
"Cash" indicates the method of lending. If it is a bank transfer, the expression should be changed to "bank transfer" and the bank transfer receipt should be retained.
07
The amount should be clearly stated in currency, along with Arabic numerals and capital letters, to avoid tampering with numbers and causing disputes.
08
The loan period must be clear and capitalized to avoid disputes.
09
The borrowing interest rate should be clearly stated as annual interest rate or monthly interest rate and marked in capital letters.
10
Whether the interest rate after maturity is consistent with the agreed interest rate during the loan period has always been a common focus of controversy. The overdue interest rate that is slightly higher than the loan interest rate should be specified in the IOU.
11
"This is the basis" is used as the end of the text of the IOU to prevent the holder of the IOU from adding content at the end of the text.
12
The borrower's name should be written in full and accompanied by the ID number. At the same time, the borrower should put a fingerprint on the handwritten name.
13
Write down the borrower's home address and contact information, because the defendant's information will be needed for later filing of the lawsuit.
14
The payment date should be the date when the borrowed item is actually paid, and should be capitalized. It is best to trim off the space below the date at the end of the IOU.
Note: If there are any alterations in the writing of the IOU, the borrower should be required to stamp his fingerprint on the altered area, or the borrower should be asked to rewrite the IOU. After the IOU is written, in order to prevent tampering, the borrower can take a photo or make a copy for retention (and ask the lender to sign "The copy of the IOU is consistent with the original").
I am the receipt↓↓
01
The title is written in the middle above the text in a slightly larger font. There are two ways to write titles:
One is directly composed of the name of the language. That is, write the words "receipt" or "receipt".
The other is to use the first three words of the text as the title, and the text continues from the top grid of the second line. For example, use "received today", "received now", and "received" as titles.
02
The main text usually begins with two spaces on the second line, but receipts titled "Received Today" do not have spaces. The main text should generally state the following content, that is, the amount of money and materials received, the types and specifications of the items, etc.
03
The signature generally requires writing the name of the individual or unit receiving the money, signing the specific date of receipt, and generally stamping the official seal. If it is handled by someone, generally the words "handler" should be signed before the name. If it is collected on behalf of someone else, the words "collector" must be added before the name.
Note: The receipt requires a description of the items received, the specific amount of money, the size, specifications and style of the items, and also clearly states who received it from. The signature of the receipt requires the signature and seal of the person handling the receipt, and the date must be indicated, not just the name of the unit. The receipt cannot be altered, and the amount owed must be capitalized.
I am an IOU ↓↓
Note: There are many reasons for the occurrence of "IOUs". Borrowing money can be one of the reasons. Others are, for example, in the performance of sales contracts, undertaking contracts, transportation contracts and other contracts. As long as the debtor fails to perform the debt in time, The creditor can also request an "IOU", so if an "IOU" is issued, it does not necessarily indicate that the relationship between the two is a private loan.
Has everyone learned it?
Forward and collect these three document templates~
Make your money safer!
(Source: Nan'an Court)
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