Notes On Notes And Notes

Debit note (revised by the latest private lending Department of the Supreme Court)

Money loans are unavoidable between relatives and friends.

For example, a detailed and multiple loan contract is more comprehensive in preventing legal risks. However, in daily life, it is more common for borrowers to issue short debit to borrowers. Therefore, how to write IOUS is very important.

According to the contract law of the People's Republic of China, the interpretation of the Supreme People's Court on the application of the "Civil Procedure Law of the people's Republic of China" and the law department of the Supreme People's Court on the issues concerning the application of the law of the Supreme People's Court on the trial of private lending cases in August 6, 2015, the following provisions are provided.

[IOU model]

IOU [1]

In order to buy the house [2], we have received Han Meimei [3] [4] (ID card number: 234567XXXXXXXX0808) [5] 20000 yuan (RMB 20000 yuan) [7] in cash, [6], borrowed monthly land monthly [8], and the monthly interest rate is 1% (100%) [9].

If the maturity is not paid off, it is willing to pay the monthly interest rate of 2% (200%) [10] for overdue interest.

This is the basis.

[11]

Borrower: Li Lei [12]

(ID card number: 765432XXXXXXXX1817)

February 1, [13]

[note]

The title of [1] indicates the nature of the evidence and prevents it.

The holder adds content to the upper part of the loan clause, and prevents the debit holder from tampering to the last page of the page contract.

The title should be written on the top of the paper, leaving no blank line between the title and the IOU.

In addition, due to the occurrence of malicious borrowers writing debit cases with faded pen, it is more appropriate for the borrower to provide black signature pen when writing IOUs, and the borrower's full text handwriting is more appropriate.

[2] "for..."

It shows the purpose of borrowing so as not to prevent the borrower from making such a loan, such as gambling debts, breakup fees, etc.

In addition, when writing the IOU, you should pay attention to the left and right edges of the paper as far as possible. Do not leave too many blanks to prevent the debit holder from adding content.

[3] in private lending, it is usually stated in the debit note that "how many yuan is borrowed today" means that the loan has actually been delivered. However, once there is a dispute, the borrower claims that it is still very common to issue a receipt but not actually receive the money. In order to further avoid such litigation risks, this model has adopted "less than a few yuan" which is now received from a certain bank, so as to emphasize the fact that the payment has actually been delivered.

[4] write the full name of the borrower here.

The words in the name have multiple homophones, and should be consistent with the names recorded on the identity cards.

[5] the number of the ID card should be attached after the name of the lender, because the same surname is not in the minority, and the ID card number is unique, so as to avoid the dispute of the lender.

[6] "cash" indicates the way of lending. If it is not a bank account, it should be replaced by "cash pfer" and "bank pfer".

A larger amount of loan is recommended for bank pfer so as to avoid any dispute over whether the actual payment should be made afterwards.

The amount of [7] should be written in both the Arabia number and the capital number in Chinese characters, so as to avoid any controversy over whether or not it should be tampered with.

[8] lending period must be clear so as to avoid any controversy over when to repay the loan, and the loan period should also be capitalized.

[9] interest rates should be written in annual or monthly interest rates.

The reason is the same as before.

At the same time, attention should be paid to the judicial interpretation of the latest private lending, which is supported by the Supreme Court. The interest rate limit supported by the court is 24% per annualized rate.

In addition, private interest rates are often expressed as irregular "monthly interest points", such as "monthly interest rate two points", generally referring to "monthly interest rate 2%".

If it is a loan without interest, the main part of the above model can be simplified as "to buy a house, today Han Meimei received 20000 yuan (RMB 20000 yuan) for cash in cash, and it will be repaid by the end of next month.

This is the basis.

It is, according to the latest regulations of the Supreme People's Court on private lending, that the interest rate limit for private lending is 24%, that is, if the interest rate exceeds 24% of the annual interest rate, that is, the interest of all courts is supported by the court. If the interest rate exceeds 36% of the annual interest rate, the borrower will ask the court for an interest of more than 36% of the annual interest rate. The court will not support it, and the borrower will request the court to return the interest paid to the 36% part of the interest rate over the annual interest rate. The court shall support the interest. However, the interest rate portion between 24% and 36% of the annual interest rate can not be returned to the court if the borrower has paid it. Generally speaking, this part of the interest is natural debt, and this part of the interest is natural debt, and the interest is natural debt, and it is not needed if the twenty-sixth is not given. In addition, special instructions are required.

It is a common dispute whether the interest rate of [10] after the expiration of the maturity date is consistent with the interest rate stipulated in the loan period. It should be stated in the ious that the overdue interest rate is higher than the borrowing interest rate (but the court does not support the overdue interest rate over 24% of the year). This expression can also urge the borrower to repay as soon as possible, and the capitalization reason is the same as before.

In addition, it can also be stated that the interest rate base after the expiration date is the sum of principal and interest which is not yet returned. However, because some of the court's judgments do not support the total interest bearing base, this model is not used to avoid unnecessary disputes.

[11] "

"As the ending of the text of the IOU, lest the borrower add the content at the end of the IOU, and at the same time, there is no blank line between the borrower's signature and the borrower's signature.

Due to the fact that the borrowings must be brief, the terms such as jurisdiction and dispute resolution in the loan contract are not stated in this template.

[12] in legal terms, borrowers refer only to borrowers.

The name of the borrower should be written in full and consistent with the ID card's name and the ID card number.

At the same time, the borrower should press the handprint on the handwritten name. Otherwise, if there is a lawsuit, if the loan is written when the borrower is in dispute, the handwriting appraisal is costly, and not every handwriting on the debit note can be identified.

If conditions permit, IOU should be written at the top of the copy of the identity card of the borrower.

[13] the date should be the actual date of payment of the loan and should be capitalized for the same reason.

The blank paper for the end of the IOU (or ID card photocopy) is best cut off, for the same reason.

In addition, if there is alteration in the writing of the IOU, the borrower should be asked to press the handprint at the alteration place, but it is more appropriate for the borrower to rewrite the clean and altered bill.

If conditions permit, the borrower shall request to keep a copy of the original receipt, and ask the lender to write the copy on the copy. The contents of the above copy are identical with the original part of the loan, and the signature is confirmed in order to prevent the lenders from saving the original debit to alter the IOU.

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