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How can I write a loan to have legal effect? These five points need attention!

Time: 2018-01-11         Source: Wukong Q & A         Author: Lengyan hot words

As long as the debit is not: the meaning is not true, the content is illegal, the content is not clearly determined, and the lack of signature and seal of the arrears is generally effective. I think the subject originally wanted to ask, how to write a loan, more standardized, and more protect the interests of both parties?

If you seem to be a simple borrower, you may not write the right one. The following is a simple sharing of the "borrowing" to make mistakes and writing norms:

Wrong one: "Debit" and "Irrigation" are not divided?

In practice, the case of "debit" is written as "debt", and the case of "debt" is written as "debit". This causes a lot of misunderstandings. As a result, it brings a lot of unnecessary troubles, and even a penny will not come back.

Both the debit and the owed are debt vouchers. The issuance of the loan also directly proves the debts arising from borrowing money and borrowing. The owing does not have this function. If the lawsuit still needs to prove the cause of the owed to the court, if it is bought, purchased, etc. I owe money and write about the debt. In other words, your cost of defending rights is high. Therefore, if you borrow money, you must write "debit" instead of "debt."


Mistake 2: Only Arabic numerals are written in the loan?

Many borrowers write an Arabic number when writing a debit, such as 1.5 million, which is very inappropriate, because Arabic numerals can easily be tampered with. For example, the "1.5 million" in this loan is easy to change to 7.5 million, there are 9.5 million, you can also add a 1 in front, become "11.5 million", etc., at least pay back several times the principal, to that It’s really a bit of a sigh.

So how do you write the standard amount of the loan? In the case of debit, the actual amount of borrowing should be indicated in capital Chinese characters, not the “one, two, three, four...”, but the capitalization of “壹, 贰, 叁, 肆, 伍, 陆, 柒, 捌, 玖, Pick up, 佰 (m), 仟 (阡). In addition to the extra borrowings, I suggest that the agreed date should also be written in uppercase Chinese characters. The reason is the same as the prevention of tampering. The experience of handling cases for many years tells us that date capitalization is more important than capitalization.

Mistake 3: Do you want to pay attention to the word "borrowing" or "borrowing"?

For example: Swah Singh borrows $500,000 from Stallone today and repays on December 30, 2019. Can you see if Schwarzenegger “borrowed” $500,000 from Stallone, or did Schwarzenegger “borrow” Stallone’s $500,000? Yes, it is possible. This is because the word "borrowing" that exists alone here has two meanings, one is "seeking someone else to borrow", that is, the meaning borrowed, and the other meaning "lending to others", the meaning of the expression is completely opposite. Therefore, in the terms of the loan, it is strongly recommended that the word "borrowing" be written as "borrowed" or "borrowed" according to the situation, and the directional words exist at the same time, so that it is difficult for others to pick up the problem. Otherwise, you know the consequences.

For example: Wang Baoqiang borrowed 5 million yuan from Liu Dehua, and now (hai) owes 1 million yuan? Or, still (huan) arrears of 1 million yuan? In the loan, is it reading "hai" or "huan"? By the way, this loan is really impossible to determine. The difference is 3 million, not a small amount. I think that because of this, the majority of people will marry her. It is recommended that you write the word "huan" in the future as "returning the debt" or "not returning the debt".

Therefore, it can be seen from the above two cases that it is better not to have polyphonic words or multiple meaning words in the loan, because it is easy to cause ambiguity and bring unnecessary trouble to yourself.

Mistake 4: The interest agreed by the two parties is only an oral agreement?

In general, short-term borrowing between relatives and friends, saying that it is good to borrow a few days or a week or two, will not care too much about interest. But often it is counterproductive. Sometimes the arrears are half a year, one year or more. At this time, the lender must feel that he is suffering, and then advocate interest afterwards. According to the "Contract Law", if the loan contract between natural persons does not agree on the payment of interest or the agreement is not clear, it shall be deemed not to pay interest. If the borrowing parties only verbally agree on interest, the court will generally not support it. Therefore, it is necessary to clearly mark the interest on the loan.

The terms used in the loan should be accurate, and it is absolutely necessary to eliminate vague words such as "estimate", "may", "almost", "calculate", "may".

Mistake 5: The "name or name" in the loan article did not write the full legal name?

Many private loans occur between acquaintances, so many people don't pay attention to writing full names on the loan. For example, in this case, "Li Dashu", in reality, the uncle who is surnamed "Li" is definitely more than one? If the person overdue the repayment, the lender thinks that the court will sue the borrower, often because the debtor is unclear and is rejected by the court, and even the door of the court can't get in. Therefore, the name of the natural person in the debit must be the current name of the ID card or the account book. It cannot be a title, a former name, a nickname, a nickname, a pen name, a stage name, a net name, a title, etc.

If the borrower is an enterprise, it must be the full name of the business license. Do not write a short name. The word name of the company is almost another company. For example, Beijing Deep Blue Technology Co., Ltd. and Beijing Deep Blue Technology Co., Ltd. are two completely independent. The subject.

In addition, when writing a loan, you must confirm the other party's civil ability, such as a minor or a mental patient. The borrower signed by the person without the agency has no legal effect. Remember!

In addition to this, add a few more points:

Currency currency should be clearly written, RMB, Hong Kong dollars, or US dollars? Write a debit to write, do not print; write on the spot, sign on the spot; when paying, try to use bank transfer, do not use cash.

In view of the emergence of faded pens on the market, fraud cases involving contracts with faded pens have also occurred from time to time. Therefore, it is recommended that paper and pens be selected for permanent storage, such as A4 printing paper and oily signature pens. The lender prepares the paper in advance and The pen is more appropriate.

It is best to make two copies of the loan, and each party will hold one. If there are two identical borrowings on both sides, it is futile for any party to do it.

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