An I Owe You (IOU) contract is a simple 1-page document that serves as a guarantee (or “promise”) to pay back loaned money. It’s an informal contract used by well-acquainted individuals who trust one another. In many cases, an IOU is used as a placeholder before an official loan agreement is drafted.
An “I Owe You” agreement is as simple as it sounds – it’s a document that states a person owes another person a sum of money. From a legal standpoint, IOUs are weak in terms of their ability to effectively bind the parties. A legal contract requires three (3) things in order to be valid: an offer, acceptance of the offer, and consideration. Due to the simple nature of IOUs, they often leave out sections that detail repayment and interest (the consideration). This can make it exceptionally difficult to have the document enforced in a court of law (should it come to that point). However, IOUs come in handy for individuals looking to get something down on paper quickly, and are better than not signing anything at all.
Because there is no universal format for IOU contracts, the contents of the document can vary significantly from one to the next. With this in mind, the following terms are recommended when creating an IOU contract:
I, the undersigned [BORROWER NAME] (the “Borrower”), hereby confirm and acknowledge to [LENDER NAME] (the “Lender”) that I am indebted to said Lender in the amount of $ [AMOUNT] (the “Debt”) as of the date set forth below.
The amount includes any and all legally permitted charges, such as accrued interest, up to the date set forth below. I acknowledge and agree that I incurred said Debt, and I am solely responsible for the repayment of it to the Lender. I also agree and acknowledge that I have no defense should the Lender use this document in a court of law as a confession of judgment on my part (where legally permissible).
I have promised and agreed to pay the entire amount by [MM/DD/YYYY] , and I will pay a least $ [MONTHLY PAYMENT] of the amount of said Debt on or before the [#] day of each month beginning on [MM/DD/YYYY] until it is paid.
I, the Borrower, signed this document on [MM/DD/YYYY] in front of the Witness named below.
_____________________________
Borrower Signature
[BORROWER PRINTED NAME]
_____________________________
Lender Signature
[LENDER PRINTED NAME]
_____________________________
Witness Signature
[WITNESS PRINTED NAME (IF APPLICABLE)]