Whether you're borrowing money or providing a loan to someone else, a Promissory Note is usually the best way to establish a record of the transaction and make sure that repayment terms, for example, are clear and fair.
However, an “IOU†is generally regarded as only an acknowledgment of a debt, not a promise to pay the debt. However, this form is a written promise to pay a debt.
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Technically, an IOU can simply show that a debt exists and not include any details about the due date, interest rate, or payment installments. Although an IOU note can document a promise to repay a loan, its informal nature makes it unclear whether an IOU is a legally binding contract in some cases.
Generally, as long as the promissory note contains legally acceptable interest rates, the signatures of the two contracted parties, and are within the applicable Statute of Limitations, they can be upheld in a court of law.
Is an IOU a Legal Document? An IOU is a legal document that can be introduced in a court of lawthough whether or not it is binding is open to dispute. Some authorities feel an IOU isn't binding at all; it's merely the acknowledgement that a debt exists.
Essentials of an IOUName of the debtor.Name of the creditor.Amount of money in question (written out in both words and numbers).When the debt will be repaid.If interest is to be charged until the debt is repaid, the details of how the interest is calculated should be spelled out.Signatures of both parties.More items...
Usually, an IOU is a signed informal notice of an unpaid debt, sometimes because of partial payment and an outstanding balance due. For example, Company XYZ may buy raw materials for its production but until it sells the finished product, it does not have sufficient cash flow to pay for the raw materials in full.
An IOU (abbreviated from the phrase "I owe you") is usually an informal document acknowledging debt. An IOU differs from a promissory note in that an IOU is not a negotiable instrument and does not specify repayment terms such as the time of repayment.
Is an IOU a Legal Document? An IOU is a legal document that can be introduced in a court of lawthough whether or not it is binding is open to dispute. Some authorities feel an IOU isn't binding at all; it's merely the acknowledgement that a debt exists.
A simple IOU will identify the following basic elements:The Amount: the amount of money being borrowed.The Due Date: when the Borrower should pay back the Lender.Name of Lender: the party giving the money and will get repaid.Name of Borrower: the party receiving the money and will repay the Lender.
An IOU is an informal documentsometimes handwrittenthat records the existence of a debt. Since it typically is not a formal written contract, it may not be as legally binding as other loan agreements, such as a conventional residential mortgage. Consider this example of an IOU in its most basic form.
A promissory note is different from an I.O.U. because a promissory note says a person will pay the money back and lays out how and when it will be paid and other details. An I.O.U. just says that a person owes a debt to someone else.
