An IOU is usually an informal document acknowledging a debt. The term is derived from the phrases I owe unto and I owe you. An IOU differs from a promissory note in that an IOU is not a negotiable instrument as defined by the Uniform Commercial Code and generally does not specify repayment terms such as the time of repayment. IOUs usually specify the debtor, the amount owed, and sometimes the creditor.
Colorado Debt Acknowledgment - IOU
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FAQ
The more specific the IOU the more likely it is enforceable. IOUs that identify and are signed by the borrower and include the loan amount, terms of repayment and interest, if any, are more likely to be legally binding.
Yes, a handwritten IOU is a legal document. Whether the agreement was typed or written by hand, the IOU can still hold up in court and be used to recover debts. You should ensure the IOU contains the essential elements mentioned earlier in the article to be valid in court.
Other Uses of the Term IOU Bonds are technically a form of IOU, whereby an individual loans an amount of money to a company or government and is given a contract promising to repay the money with interest by a certain date. Whilst this agreement is sometimes referred to as an ?IOU?, it is in fact legally binding.
Promissory notes don't have to be notarized in most cases. You can typically sign a legally binding promissory note that contains unconditional pledges to pay a certain sum of money. However, you can strengthen the legality of a valid promissory note by having it notarized.
First and foremost, understand that personal loan agreements fall into the classification of contracts. Technically, you don't have to notarize these documents. But if you want to make this document legally binding, then notarization is the best course of action.
At a bare minimum, an IOU should include the borrower's name, the lender's name, the amount of the debt, the current date, the date the debt is due, and the borrower's signature. In addition, it's recommended that IOUs contain: How the debt is to be repaid (lump sum or installments)
Some authorities feel an IOU isn't binding at all; it's merely the acknowledgement that a debt exists. Others feel it is binding, though whether it can actually be enforced is a different story. Basically, the more detailed the IOU, the more likely it is to be enforceable.
A: Yes, an IOU doesn't have to be notarized. However it should specify particular terms, such as what is the amount of the principal amount owed, when it is due, what if any interest is charged, etc. A witness and notarization can be useful to prove that it was in fact signed, but they are not strictly necessary.
