[Direct answer]In the Beijing area, a misspelled name does not necessarily lead to the loss of creditor's rights. The key lies in proving that the "name on the IOU" and the "actual borrower" are the same person. According to Articles 667 and 679 of the Civil Code of the People's Republic of China (effective from January 1, 2021), a loan contract between natural persons is established when the lender provides the loan. A flaw in the name is an evidentiary flaw and does not necessarily negate the loan relationship. The lender can corroborate this through the ID number on the IOU, phone numbers, transfer records, WeChat chat records, collection recordings, the borrower's partial repayment records, and witness testimonies. If the borrower denies the authenticity of the IOU, they can apply for handwriting identification according to law. According to the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trials of Civil Loan Cases" (revised and implemented on August 20, 2020), the lender bears the burden of proof for the loan agreement and the delivery of funds. If the evidence chain is complete, the court can usually determine that the creditor's rights are established. For more details, please refer to the following link:Creditor-debtor relations and enforcement case services.

I. Problem Background and Typical Scenarios

In private lending, flaws in the signature on promissory notes are very common: writing "Zhang Qiang" instead of "Zhang Qiang" or "Zhang *", mistaking homophones; using nicknames, aliases, or former names to sign; intentionally or accidentally omitting or miswriting key words; names not matching the ID card number; or even only having a thumbprint but no signature. Such flaws may not be obvious when the other party honors the contract, but once the other party refuses to pay, they will be used as a defense argument that "the person on the promissory note is not me". What needs to be distinguished is: if the name is written incorrectly but there are supporting evidence such as an ID card number, a thumbprint, or transfer records, it belongs to evidence flaws and can be strengthened; if it is completely impossible to prove the identity of the signatory and the borrower, there is a risk of losing the case. For multiple transactions involving overlapping amounts, it can be combined with other evidence to prove the authenticity of the signature.Business and contract dispute resolution services for enterprisesClear the accounts.

II. Key points of contention

There are three key points of contention in such cases. First, identity verification: When the name on the IOU does not match the defendant's name, the lender must provide evidence to prove that the two refer to the same person. The ID number, address, phone number, thumbprint, and signatures on other creditor's certificates are all valid supporting evidence. Second, the allocation of the burden of proof: When the lender claims that the loan relationship exists, he/she should bear the burden of proof for the loan agreement and the delivery of funds; if the defendant denies the authenticity of the IOU, he/she may apply for an appraisal, but whether the denial is accepted depends on the conditions of the sample and the appraisal opinion. Third, the reinforcement of evidence defects: IOUs signed retrospectively, repayment agreements, WeChat collection records, and the other party's acknowledgment of the loan facts can all compensate for the original defects. When courts in Beijing handle such cases, they usually make a comprehensive judgment based on all the evidence, and will not simply deny the creditor's claim based on a single writing defect.

III. Professional analysis by Henglue Lawyers

Attorney Tian Jiaoyan once handled a civil loan case in which the creditor's rights were secured by perfecting the evidence chain: Liu * and Li * were friends. Since 2022, Li * borrowed money from Liu * multiple times on the pretext of opening a pet store, with a total amount of 662,000 yuan. On November 3, 2024, the two parties signed an agreement stipulating that the loan would be repaid by January 1, 2025, and that Li * would bear the attorney's fees and other losses incurred in enforcing the creditor's rights if the repayment was overdue. After the due date, Li * explicitly stated that he was unable to repay the loan, so Liu * entrusted Attorney Tian Jiaoyan from Beijing Henglue Law Firm to intervene. Attorney Tian systematically sorted out the evidence from three aspects: the loan agreement, the payment of the funds, and the confirmation of the amount. She carefully checked the correspondence between the transfer records and the IOUs, supplemented the records of collection notices and the communication records in which the other party admitted the debt, and integrated the scattered loans into a complete creditor's right supported by a settlement agreement. Finally, the case was settled through mediation, securing a creditor's right of 712,000 yuan for the client. The evidence-gathering approach in this case is also applicable to cases involving "misspelled names on IOUs": when there are flaws in the signatures, it is even more important to organize the ID card information, transfer records, chat records, collection recordings, and witness testimonies into a complete evidence chain, and if necessary, apply for handwriting identification to enable the court to form the internal conviction that "the name is wrong, but the creditor's right is real". This case was handled by Beijing Henglue Law Firm.He NingningThe attorney (practice certificate number: 11101202511925103, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The legal basis includes Article 667 (definition of loan contracts) and Article 679 (time of establishment of loan contracts between natural persons) of the Civil Code of the People's Republic of China (effective January 1, 2021); the provisions on the determination of loan relationships, the burden of proof, and the upper limit of interest protection in the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trials of Private Lending Cases" (revised and implemented on August 20, 2020); and Article 66 of the Civil Procedure Law of the People's Republic of China (amended in 2023) regarding the types of evidence. Practical advice: After discovering errors in the signatures on promissory notes, promptly confirm the loan amount and identity with the other party via WeChat, text messages, or phone recordings. Such self-confirmations can be directly used as evidence. When transferring funds, add a note such as "loan to XXX". Negotiate with the other party to sign a corrected promissory note or repayment agreement. If the other party refuses to cooperate, provide evidence such as their ID number, address, and phone number to corroborate the content of the promissory note during litigation, and apply for handwriting authentication. If there are doubts about the details, it is recommended to engage a lawyer to review the evidence as soon as possible.

5. Henglu Law Firm's Advice

When writing a promissory note, there are three key requirements to meet: 1. **Name verification**: Use the legal name on the ID card and ensure it matches the ID card number. Add a handwritten signature. 2. **Content accuracy**: Specify the principal amount, interest (or explicitly state there's no interest), repayment period, and delivery method. 3. **Evidence retention**: Keep transfer receipts and records of debt collection efforts. Don't panic if you've made mistakes: The law focuses on the actual borrowing fact rather than perfect formatting. Use multiple forms of evidence like ID card numbers, transfer records, chat logs, audio recordings, and witness statements to supplement any flaws. Avoid "solving" problems through methods like tearing up promissory notes or using violent collection tactics—this will only put the creditor at risk. For complex transactions involving multiple account transactions, refer to relevant legal guidance.Business and contract dispute services for enterprises.

VI. Frequently Asked Questions

Q1: If the name on the IOU is written incorrectly, can I still win the lawsuit?

There's a chance, depending on whether the same performance can be proven. The court reviews whether the lending relationship is truly established, rather than whether the IOU is written perfectly: If the IOU contains the ID number, address, and phone number of the borrower, or if the transfer records, chat records, collection recordings, and partial repayment records can corroborate each other, it can usually be determined that the signatory and the borrower are the same person; if the other party denies the authenticity of the IOU, a handwriting identification can be applied for. If the IOU only has a wrong name and no other supporting evidence, the risk is higher. The outcome of the case depends on the evidence and the facts, and it cannot be guaranteed unilaterally. However, the scope for strengthening the evidence is usually greater than what the parties imagine.

Q2: If the name is written incorrectly, what evidence should be prepared to strengthen the case?

Strengthen the three points of "identity + agreement + delivery": First, identity-related evidence, such as comparing the ID number, address, and phone number on the IOU with the defendant's information, and the real-name authentication information on WeChat; Second, evidence of agreement, such as records of the loan amount, term, and repayment time mentioned in WeChat messages, call recordings, and IOUs or repayment agreements signed afterwards; Third, evidence of delivery, such as bank transfer records (with a note on the loan purpose) and withdrawal records; Fourth, evidence of debt collection, such as written collection letters and delivery records, as well as records of partial repayments by the other party; Five lines of evidence form a closed loop, and any flaws in the name can be reasonably explained.

Q3: How much does it cost to provide additional evidence and conduct appraisals?

The litigation fees shall be paid in accordance with the "Measures for the Payment of Litigation Fees" (effective from April 1, 2007), which are calculated based on the amount of the claim and paid in stages. The losing party shall bear the fees. The handwriting appraisal fees shall be prepaid by the applicant and charged according to the appraisal items and the number of samples, usually amounting to thousands of yuan, which shall ultimately be borne by the losing party. The attorney's fees shall be determined through consultation between the law firm and the client. In addition to economic costs, time costs should also be taken into account. It is recommended to first attempt to fix the evidence at low cost (by supplementing the agreement, confirming it through WeChat, or recording the conversation), and then consider appraisal if the other party denies the authenticity of the IOU, while assessing the success rate of the appraisal.

Q4: How long does it take from the supplementary evidence to the judgment?

It usually takes several days to obtain the necessary certificates on your own. For agreements that need to be supplemented through negotiation, the time required depends on the other party's cooperation. After entering litigation, the first-instance ordinary procedure will be concluded within six months and the simplified procedure within three months. If handwriting identification is required, the identification period will not be included in the trial time limit and will typically add one to three months. If the other party fails to perform their obligations after the judgment becomes effective, you can apply for compulsory enforcement within two years. It is recommended to complete the reminder and litigation within the three-year statute of limitations. Each claim during the statute of limitations will interrupt and restart the calculation of the time limit, so as to avoid losing rights due to prolonged delay.

Q5: If you find that the name is written incorrectly, what should you do first?

Four steps to remedy the situation: 1. Immediately export and back up all transfer records, chat logs, and call records. 2. Confirm with the other party via WeChat or text message: "XX, when will you repay the XX yuan you borrowed on XX date in XX year?" To make them acknowledge the fact of the loan and their identity in their reply. 3. Obtain a revised IOU or repayment agreement signed by both parties, clearly stating their original name, aliases, and the details of the loan. 4. If the other party refuses to acknowledge the debt, gather evidence to file a lawsuit, apply for asset preservation, and, if necessary, request handwriting analysis. Never tear up the original IOU—even flawed evidence is still evidence.

The above answer is based on the judicial practice in the Beijing area. The adjudication standards in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, to avoid missing the statutory time limits. →Legal services for creditor-debtor disputes·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.