Notes on writing a debit

First, deliberately write the wrong name when making a loan

Case: Wang and his son borrowed 200,000 yuan from a friend Zhang Zongxiang and made a loan to stipulate a refund of the arrears and interest after one year. I can't think of Wang and his son playing a trick when they signed the article, and deliberately wrote "Zhang Zongxiang" as "Zhang Zong". Zhang Zongxiang did not pay attention at the time. After the repayment period, Zhang Zongxiang found two people to urge to borrow, but who knows that the two are not reluctant to return because of the name of Zhang Zongxiang. In desperation, Zhang Zongxiang brought Wang and his son to the court. Although the court supported Zhang’s claim, Zhang also paid a lot of money for not paying attention when picking up the loan.

Second, it is borrowing, not writing

Case: Wang borrowed 10,000 yuan from Zhang. When Zhang asked Wang to write a loan, Wang said that he would look outside for paper and pen to write a loan, leave the scene, and return soon. He will hand over the loan to Zhang. Zhang will see that the amount of the loan is correct, and he will hand over 10,000 yuan to the king. When Zhang Zhang asked for money from the king, Wang did not accept the account. Zhang Wunai sued the court, and the court entrusted the relevant department to identify the handwriting, confirming that the loan was not written by Wang. After the court verified, Wang admitted that the loan was true, and the borrowing was that he found someone else to follow his own handwriting.

Third, the use of ambiguity

Case 1: Li borrowed a 10,000 yuan from Zhou and issued a loan note to Zhou. One year later, Li returned 5000 yuan. He asked Zhou to tear up the original borrower. He re-issued a loan for Zhou: "Li borrowed 10,000 yuan from Zhou, and still owed 5000 yuan." The word "return" here can be understood as "return" or as "still owed". According to the relevant provisions of the Civil Procedure Law, "who advocates and who gives evidence", Zhou can not give other evidence to prove that Li still owes him 45,000 yuan, so his rights will not be protected.
Case 2: Zhang borrowed 3,000 yuan from Wang to pay a loan note to Wang: " Borrowing Zhang 3,000 yuan in cash, August 17, 2005." After Wang took the loan to the people's court, Zhang pleaded that the loan confirmed that Wang borrowed 3,000 yuan and asked Wang to return 3,000 yuan in cash. Later, it was confirmed that when Zhang wrote the debt, the name of the borrower, which should have been written after 3,000 yuan in cash, was deliberately written in the space after the word "borrowed", causing the owing to be ambiguous in order to achieve the purpose of not repaying the loan. .

Fourth, "receive" and "borrow"

Case: Li borrowed 7,000 yuan from Sun Mou and issued a document for Sun Mou: "Receipt, I received Sun 7000 yuan today." After Sun was suing in court, Li said in his reply that Sun’s receipt for Sun was owed to him by 7,000 yuan. Because Sun’s loan was lost, he wrote a receipt for Sun. Similarly, "receipt, I received a certain yuan today."

Five, the property is not divided

Case: Zheng gave Qian a sales agent for sesame oil. When he issued the loan, Zheng wrote: "This owes money to a certain sesame oil and weighs 800 yuan." This practice of stealing "jin" for yuan makes the value difference more than 10 times.

Sixth, from the book

Case: Ding Mou borrowed 20,000 yuan from Zhou, and Zhou himself wrote the loan. Ding Mou saw that the loan amount was correct, and he signed the name on the loan. After the week, a certain person signed Ding’s signature and sued Dingmou to return the loan of 120,000 yuan. Ding Mou is speechless. After the investigation, Zhou had left a proper gap in front of 20000, and after the signature of Ding, he added "1".

Seven, dual-use loan

Case: Liu borrowed 18,000 yuan from Chen. Issue a piece of evidence: "Lend 18,000 yuan in cash, Liu." After Liu returned the money, Chen issued a receipt for Liu on the grounds that the loan was lost. The third person, Xu, sued Liu for a loan of 18,000 yuan.

Eight, borrowing does not write interest

Case: Li and Sun have negotiated a loan of 10,000 yuan, and the interest is 2% per annum. When he issued the loan, Li wrote: I borrowed 10,000 yuan from Sun. Sunmou considered that both parties were acquaintances and did not insist on writing interest on the loan. After Sun’s claim for the loan issued by Li, the people’s court ordered the payment of interest and interest. After the people’s court heard that Article 211 of the Contract Law “the loan contract between natural persons has no agreement on the payment of interest or the agreement is unclear, it is deemed not to pay interest”. Provisions, dismissed Sun’s claim for interest.

The debit is a voucher, and the receipt should be cautious.

The debit is a written certificate of the borrower’s loan to the lender. In real life, the borrower will also be used by some people with ulterior motives and money to open up, as a means of defrauding money, thus causing you to suffer relief losses. In addition, there are two issues related to borrowing that need to be brought to the attention of friends:
First, if you know that the other party will be used for illegal activities, don't borrow money from the other party. According to Chinese law, the loan is not protected by law. In the case that the other party does not pay back, it cannot be protected through litigation.
Second, the borrowings that have a repayment period are agreed to claim rights within two years after the expiration of the repayment period, that is, to appeal to the people's court. According to the provisions of Chinese law, the statute of limitations for the parties requesting the people's court to protect civil rights is two years. If the borrower sues the people's court two years after the loan has expired, but the statute of limitations is suspended, the case is terminated, the case will be lost. right