(a) life, the note is usually applied to the following situations:
1, borrowed others or units of money and goods can not be returned, or can not be returned in full, there are some of the delinquency, this time it is necessary to write a note of indebtedness.
2, in the purchase of goods or acquisition of products, due to the inability to pay or not all the payment of others to write a note.
3, borrowed personal or public money and goods, afterward to make up for the vouchers, can also be called a note of indebtedness.
(b) IOUs generally by the title, body, paragraph three parts, in order to make the issued IOUs have legal effect, write IOUs should follow the following principles:
1, title. The title of the note is generally composed of the name of the document, that is, in the middle of the text above the larger font to write the word "note". There are also written in this position, "temporarily owed" or "owed" as the title, but the body of this title is written in the next top line.
2, body. The body of the note should be written what is owed to what people or what unit what things, how much quantity, and to indicate the date of repayment.
3, drop. Signature to sign the name of the party owed the name of the unit and the hand of the person's signature, is a personal note is required to sign the name of the party owed to the individual. And at the same time signed the date of the note. The unit should be stamped with the official seal, the individual to be stamped with a private seal.
4, indicating the parties and the date of the document.
In short, as long as the reason for writing the arrears, the amount of money written clearly, the signature of the person who owes money has legal effect.
Sample of an IOU
It is hereby due to the recent inconvenience of ________, and the amount borrowed from ________, *** get the amount of RMB ______ whole.
It is expected to be returned on schedule before ____ the ____ month ____ of ____.
During the period of interest per month RMB ______, must be paid at the beginning of each month without fail.
The above lest the word of mouth is unsupported, hereby establish this loan note as a proof.
Documentary lender: _______ ID: ___________ Contact address: ___________ Tel: ________
Documentary borrower: _______ ID: ___________ Contact address: ___________ Tel: ________
Documentary borrower: _______ ID: ___________ Contact address: ________
Witness: _______ ID: ___________ Tel: ________ p>
Witness: _______ ID number: ________ Connecting address: __________ Phone: __________
Guarantor: _______ ID number: ________ Connecting address: __________ Phone: _________
20xx year xx month xx day
Have a note but the debtor does not pay how to sue
If you are ready to sue to the court, then the first thing you need to prepare is the material of the lawsuit, and one of the decisive role in the lawsuit is the evidence. In order to realize the claim, it is best to collect the following evidence:
(a) IOUs, in general, the most powerful evidence used to collect debts than the IOUs, which comes from the borrowing party's hand, with the other party's signature, as a documentary evidence, very effective.
(2) witnesses, the case trial, the other party can be on their own side of the evidence, in order to ensure the sufficiency of the evidence as well as foolproof, to find witnesses is essential. If there are other people present to witness the borrowing of money, then these people can be found to prove the claim.
(C) the other side of the property evidence. The ultimate goal of the lawsuit is to get the money lent, but many people in order to avoid the debt, they will transfer their property elsewhere. According to the Contract Law, Article 74, paragraph 1, the creditor can be revoked by the debtor's behavior, first, the abandonment of due claims; Second, the transfer of property without compensation; Third, the transfer of property at an obviously unreasonable low price. In order to avoid the situation of not getting back the property, it is necessary to collect evidence of the other party's transfer of property in order to exercise the right to revoke.