Writing format and matters needing attention of IOUs

Article 1: Model IOU format 20xx July 14

1. How to write the IOU and the model form of IOU? IOU (I owe you)

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Accordingly, according to

Debtor:

Address:

Telephone message:

date month year

Second, the difference between IOUs and IOUs:

1. IOUs prove the loan relationship and IOUs prove the debt relationship. Borrowing is definitely arrears, but arrears are not necessarily loans.

2. The IOU itself is not a loan contract, but a general certificate and voucher of a written or oral loan contract.

3. The IOUs are usually due to the economic exchanges between the two parties before the debtors write IOUs (such economic exchanges are mostly sales contracts). The debtor should pay the creditor, but for various reasons, the two sides reached a consensus and compromise when the debtor could not repay the loan in time, and the debtor wrote an iou and waited until later. IOU is a settlement of economic exchanges between the two parties in the past, indicating that a new pure creditor-debtor relationship has been formed between the two parties since IOU was formed.

4. The reason for the formation of IOUs is the specific borrowing facts; There are many reasons for the formation of IOUs, which can be based on various facts, such as IOUs caused by buying and selling, IOUs caused by labor services, IOUs caused by enterprise contracting, IOUs caused by damages and so on.

5. When the IOU holder brings a lawsuit to the court by virtue of IOU, it is easier to identify and identify the borrowing facts between the parties through IOU itself, so the IOU holder generally only needs to simply state the borrowing facts to the judge, and it is generally difficult for the other party to defend or deny it.

However, when the IOU holder brings a lawsuit to the court by virtue of IOU, the IOU holder must state the fact of IOU formation to the judge. If the other party denies or excuses this fact, the IOU holder must further prove the existence of the IOU-forming fact.

Three. The validity, legal effect and limitation of action of the IOU;

1. For the IOUs indicating the repayment period, the limitation of action shall be calculated from the date when the repayment period agreed by both parties expires.

2. The limitation of action shall be calculated from the date when the arrears are not specified.

2. The statute of limitations for IOUs is calculated as two years from the date of repayment period indicated (generally, the statute of limitations is two years). After two years, the creditor's right will no longer be protected by law and lose the right to win the case.

Chapter II: IOUs, Arrears Agreement, Commitment Letter (Sample) [1] IOUs

I owe Anhui Nanxiang Guang Cai Investment Co., Ltd. RMB (in words), and I promise to pay off all previous debts. If it is overdue, I will bear legal responsibility according to the repayment agreement signed by both parties on.

Debtor:

Debtor's ID number:

date month year

Arrears repayment agreement

Party A: Anhui Nanxiang Guang Cai Investment Co., Ltd.

Party B:

Whereas Party A and Party B have signed the Commodity House Purchase and Sales Contract and the supplementary contract (hereinafter referred to as the Commodity House Purchase and Sales Contract), Party B has purchased the commodity house (hereinafter referred to as the "store") developed and constructed by Party A in Anqing Guang Cai Market Phase IV. Considering Party B's actual operating capital needs, Party A agrees that Party B owes part of the purchase price and suspends payment. Now Party A and Party B have reached the following agreement on matters related to Party B's repayment of debts owed to Party A:

1. Party A agrees that Party B only owes RMB, and Party B shall issue an iou to Party A when signing this Agreement.

2. Party B guarantees to pay off all the debts agreed in Article 1 of this Agreement to Party A before the delivery date of the commodity house agreed in the Commodity House Purchase and Sales Contract (that is, year, month and day). When Party B pays off the debt as agreed, Party A agrees not to charge interest.

3. In order to ensure the repayment of the above arrears, Party B agrees to use all the rights it enjoys in purchasing the commodity house as collateral to provide guarantee for the loan provided by Party A. If Party B fails to pay off all the arrears as agreed in this agreement, Party A has the right to deliver the commodity house to Party B without the agreement in the commodity house sales contract, and has the right to suspend the performance of the contractual obligations agreed in the commodity house sales contract; Party B waives the right to pursue all responsibilities arising from Party A's suspension of performance of the Commodity House Sales Contract, and all responsibilities and losses arising therefrom shall be borne by Party B. ..

4. If Party B fails to pay as agreed, Party B agrees to pay liquidated damages to Party A according to the following agreement: from the date when Party B issues the iou to the date when all debts are paid off, it shall be calculated according to the standard of 10 ‰ of the total amount owed by Party B every day. If Party B fails to repay the arrears for more than 60 days, Party A has the right to demand the disposal of the commercial house purchased by Party B to repay the debts owed to Party A, and all consequences arising therefrom shall be borne by Party B. ..

5. If Party B fails to pay off the above debts, which causes Party A to stop performing the Commodity House Purchase and Sales Contract, both parties agree to postpone the performance of the Commodity House Purchase and Sales Contract after Party B pays off the above debts.

6. This agreement shall come into effect from the date of signature by both parties until the date when Party B pays off all debts.

Seven, this agreement is signed in one copy, which is kept by Party A and has legal effect on Party B.. ..

Party A: Party B:

Date: Date:

letter of commitment

Anhui Nanxiang Guang Cai Investment Co., Ltd.:

I voluntarily purchased the building number of Guang Cai Phase IV Business Garden, and now I pay the deposit of RMB10,000.00 Yuan only. I promise to pay the down payment within days from the date of paying the down payment. In case of overdue, I agree to use RMB10,000.00 yuan as liquidated damages. At the same time, your company has the right to sell the commercial housing I ordered.

Commitment:

date month year

Chapter III: Can IOUs prove the existence of the contract relationship between sales and purchase?

"IOU", "IOU" and "receipt" are three basic written documents that are often used in daily life, business dealings or economic activities. These written documents are equivalent to a contract and cannot be taken lightly. As the evidence of claiming creditor's rights in the future and the main evidence of realizing the repayment of creditor's rights and debts, they represent different meanings and have different objects of proof in judicial practice. Today, we mainly discuss the role of IOUs in the business contract relationship. Having said that, we have to look at the different legal functions of IOUs and IOUs.

"IOU" and "IOU"

Generally speaking:

IOU: Say you lent him money. The court read it and knew that he owed you money and should pay it back.

IOU: Say that he owes you something and money, and the court will examine whether this matter is legal or not. IOUs are troublesome. IOUs are simple.

Specifically,

1."iou", also called "IOU", is a more formal title. It is the necessary evidence to prove the relationship between loan contract and debt. If the borrower fails to perform the repayment obligation, the lender may bring a lawsuit to the court with an "IOU" and request the court to order the borrower to repay the loan.

2. "IOU" is also called "IOU". The word "IOU" is quite different from the word "debit", which reflects a "state", indicating that the creditor's rights relationship is formed because of borrowing, but IOU cannot explain the real reason of the creditor's rights relationship.

3. The probative power of IOUs is weaker than IOUs. When the parties use IOUs as evidence in litigation,

It is impossible to directly prove the existence of creditor's rights like IOUs. If the other party denies it, the plaintiff often has to cite other evidence to reinforce the content of the loan.

4. The repayment period agreed in the IOU and IOU is the same; There is a difference between IOUs and IOUs with no agreed repayment period. IOUs belong to the category of contracts. If the repayment period is not agreed, the limitation of action shall be calculated for two years from the day after the lender claims to return it. IOU is a kind of pure creditor's rights certificate. If there is no specific repayment date, the two-year statute of limitations shall be calculated from the date when the IOU is issued. Speaking of this, I guess some friends will say it, but I don't understand. Let's give an example. Let's give a few examples to Huan Ting's lawyer. Look at the following case. Although I may not fully understand it, I believe my friends have also seen that it is easier to type "IOU" than "IOU" in future lawsuits, but some people may say that if I type "IOU" in business, will I not get my payment back? Henan Huanting Law Firm tells you, no, look at this case!

With the case of recovering the payment according to the evidence

A paper mill sold goods to Qin on credit, but did not sign a written contract with Qin. After Qin received the goods, he issued an IOU to Xia, the deliveryman of the paper mill. The IOU does not indicate the delivery place and delivery place. Later, the paper mill repeatedly failed to recover the arrears from Qin and appealed to the court in a hurry.

First of all, it must be clear whether this case is suing for a loan contract dispute or a sales contract dispute. This case involves a contract dispute. Although there is no written contract between the two parties, it can be concluded that there is a sales contract relationship between the two parties through evidence such as IOUs issued by the debtor Qin. ("IOU" is a confirmation of the fact of arrears, which has the nature of dunning, but it does not have the reason to prove the creditor's rights and debts formed by this buying and selling relationship. Therefore, it is more appropriate to choose to sue for disputes over sales contracts, because the IOUs issued by debtors in the performance of sales contracts and those issued by debtors in private lending contracts are two different legal relationships. Chapter 9 of China's Contract Law applies to sales contracts, and Chapter 12 of China's Contract Law applies to private lending contracts. )

Finally, when encountering this kind of dispute, it is suggested to take mediation procedure first, which is also the best choice to compromise and balance the litigation risk, which can reduce the litigation risk that the parties may face to some extent.