What to do if you owe money and don t have evidence yet

In the process of collecting evidence, it is necessary to avoid situations where the rights and obligations of both parties are unclear, and it is impossible to prove who owes the money to whom if the rights and obligations are not clear. If the rights and obligations are clear, the loan can be recovered even if there is no IOU, and if the rights and obligations are not clear, the loan may not be recovered even if there is an IOU. The other party owes money and does not pay it back, and the creditor can sue without an IOU, but it needs some indirect evidence to assist, such as witnesses, chat records, transfer vouchers or ** recordings, etc., the more sufficient evidence, the greater the probability of winning the case, and the greater the possibility of getting the loan back.

Therefore, without an IOU, it does not mean that you will not be able to get back the loan. Collect evidence for prosecution and processing, and prepare the following materials: 1. The complaint, which can be written by yourself or found a lawyer**; and prepare a copy of the complaint according to the number of opposing parties; 2. Prepare evidence, the original and a copy of your ID card, all the evidence and copies in your favor in the dispute with the other party, and other evidence and witness lists that may be helpful to you.

What should I do if I owe money and don't have an IOU and don't admit it, I am a member lawyer of Hualu Lu Fang does not have an IOU, and it is okay to have other evidence materials that can prove the fact of the loan relationship, such as the bank's transaction records, audio and video recordings of the debtor's admission of the fact of borrowing, etc. If the other party owes money and does not pay it back, the creditor can sue without an IOU, but some indirect evidence is needed to assist, such as witnesses, chat records, transfer vouchers or ** recordings, etc., the more sufficient evidence, the greater the probability of winning the case, and the greater the possibility of getting the loan back. Therefore, without an IOU, it does not mean that you will not be able to get back the loan.

Collect evidence for prosecution and processing, and prepare the following materials: 1. The complaint, the complaint can be written by yourself or find a lawyer**; and prepare the number of copies of the complaint according to the number of opposing parties; 2. Prepare evidence, the original and a copy of your ID card, all the evidence and copies in your favor in the dispute with the other party, and other evidence and witness lists that may be helpful to you. If there is no evidence to prove it, it will be difficult to guarantee rights.

There is no evidence that others owe money: 1. The complaint, the complaint can be written by yourself or find a lawyer**, and the number of copies of the complaint should be prepared according to the number of opposing parties.

2. Prepare evidence, the original and a copy of your ID card, all the evidence and copies in your favor in the dispute with the other party, and other evidence and witness lists that may be helpful to you. If there is no evidence to prove it, it will be difficult to guarantee rights. Legal basis:

Article 135 of the General Principles of the Civil Law of the People's Republic of China provides that the statute of limitations for filing a request to a people's court for the protection of civil rights is two years.

The solution to the problem of not paying back the money owed

1. If the other party has the sincerity to repay the loan, but has no ability to repay the loan or repay the full amount at one time, it may consider giving an appropriate and reasonable grace time or repaying the loan in installments.

2. If the other party has the sincerity to make restitution, but is unable to repay the loan due to objective reasons, it shall arrange a lawsuit as soon as possible based on the consideration of the statute of limitations.

3. If the other party has no sincerity to return but has the ability to repay, it is recommended to immediately take litigation and consider taking litigation preservation.

1. When borrowing money, it is required to create a mortgage or guarantee.

Although the amount of private loans is not very high, and most of them are between individuals, there are few ways to use mortgages or guarantees. In order to ensure that the other party owes money must be repaid, in fact, when borrowing, you can also ask for a third-party guarantee on the contract or IOU, which is actually convenient to use in private lending. Don't think it's a relative or friend, unconditional trust, and if you don't pay back the debt when the time comes, you really can't shout every day.

Unless it is litigated, but the procedure is cumbersome and time-consuming. If you have a guarantor or mortgage, you are not afraid that the other party will not pay it back, and you can't find a guarantor to pay it back.

2. Use repayment guarantees to collect debts.

Write legal documents and letters to collect debts, and ask the customer to sign the receipt as evidence.

If the debtor is more powerful and a long-term collaborator, but only has temporary difficulties in capital turnover, then every time he goes to collect debts, he must first write down a letter of guarantee for repayment in installments, an IOU or issue a regular cheque draft, which not only ensures the continuity of the statute of limitations, but also adds a tight spell to him again and again.

The contract formalities for arrears are complete and the evidence is conclusive, because the debtor has a large cost of collecting debts in other places and it is inconvenient, the creditor can write a letter every month to ask for debts and issue a lawyer's letter to collect debts. However, all letters sent should be **, and the postmark stamp should be kept for use as valid evidence in the case of a lawsuit. Avoid voiding debt collections.

3. Directly ask a lawyer to send a lawyer's letter.

The lawyer's letter is really easy to use, making good use of the other party's psychology to make the other party feel that they want to sue him, and then the other party has to repay the loan. The advantage of this method is that the cost of collecting debt is lower than that of litigation, and the time is not too long, so it is a good method.

Fourth, I don't want to litigate and arbitrate.

In accordance with the provisions of the Arbitration Law of the People's Republic of China. Compared with the two-instance final adjudication system of litigation, arbitration is more conducive to the rapid resolution of disputes between the parties. When applying for arbitration, the parties shall submit the arbitration agreement, the statement of application and a copy thereof to the arbitration institution.

The application should contain in detail the name, gender, age, occupation and other circumstances of the parties and the factual reasons. Resolving debt disputes through arbitration has strong confidentiality, and most of the parties are not fiercely confrontational. In addition, the cost of filing for arbitration is generally lower than the cost of filing a lawsuit.

No matter what tricks or tricks we use, we should be within the framework of the law and not violently collect debts. It's really out of helplessness, so we go through the litigation procedure, although it is more cumbersome, but just to protect our rights and interests, so that the old man has nowhere to hide.

If you owe money, you must find evidence, otherwise you may lose the lawsuit. Ke Huaihui to collect evidence: lead Chang A 1, can prove the creditor's rights and debts relationship.

2. Quick investigation and transfer records that can prove the relationship between creditor's rights and debts. 3. Chat records and recordings showing the creditor's rights and debts between the two parties. Verified electronic evidence can also be used as valid evidence.

Legal basis: Article 64 of the Civil Procedure Law of the People's Republic of China The parties have the responsibility to provide evidence for the investigation of their own claims. The people's court shall investigate and collect evidence that the parties and their litigants are unable to collect on their own for objective reasons, or evidence that the people's court finds necessary for the trial of the case.

The people's courts shall follow legally-prescribed procedures to comprehensively and objectively review and verify evidence.

1. What should I do if I owe money and there is no evidence?

If there is no evidence of the money owed, the creditor needs to collect relevant evidence to prove that there is a creditor's rights and debts relationship between the parties. Including chat records, transfer vouchers, third-party testimony, ** recordings, etc. It is the responsibility of the parties to provide evidence for their own claims.

The people's court shall investigate and collect evidence that the parties and their litigants are unable to collect on their own for objective reasons, or evidence that the people's court finds necessary for the trial of the case.

2. Legal basis: Article 68 of the Civil Procedure Law of the People's Republic of China.

Parties shall promptly provide evidence for their own claims.

On the basis of the parties' claims and the circumstances of the trial, the people's courts are to determine the evidence that the parties shall provide and the time limit thereof. Where the parties have real difficulties in providing evidence within that time limit, they may apply to the people's court for an extension of the time limit, and the people's court will appropriately extend it on the basis of the party's application. Where parties fail to provide evidence within the time limit, the people's court shall order them to explain the reasons; Where they refuse to explain the reasons or the reasons are not sustained, the people's courts may, on the basis of different circumstances, reject the evidence, or give the evidence but give a reprimand or a fine.

Second, what measures can be taken if you owe money?

If you owe money, you can't take the following measures:

1. The creditor sues for compulsory enforcement;

2. If it is not enforced, it may apply to the court to check the clues of the other party's property and give it to the court for seizure and auction;

3. Apply to the court to take compulsory measures to detain and urge the repayment of money;

4. If the debtor refuses to perform the application, the creditor may sue the party for refusing to execute the crime and bear legal responsibility.

If you owe money and don't have evidence yet, you can take the following measures:

1. Ask the borrower: You can directly ask the borrower about the arrears and ask them to fulfill their repayment obligations. If the borrower admits the fact of arrears, he or she may be required to promise to repay the loan in person or in writing;

2. Agree on a repayment plan with the borrower: You can agree on a repayment plan with the borrower to clarify the time and method of repayment. If the borrower agrees to a repayment plan, the agreed repayment plan can be recorded in case of emergency;

3. Seek legal assistance: If the borrower refuses to repay, he can collect the debt through legal channels. The key sedan can protect its rights and interests through lawyer consultation, mediation, litigation and other means;

The evidence can be divided into the following:

1. Documentary evidence: written documents, contracts, receipts, invoices, vouchers, etc.;

2. Physical evidence: items, on-site investigation, **, audio and video recordings, etc.;

3. Witness testimony: the facts, circumstances, and experiences of the case dictated by the witness;

4. Appraisal opinions: appraisal or inspection results of items, documents, persons, houses, etc.;

5. Inquest Transcript Rotation: Records of the inquest, inspection, and investigation of the case scene.

6. The defendant's confession and defense: the defendant's explanation and defense of his own conduct;

7. Other evidence: such as expert testimony, electronic evidence, copies of evidence, etc.

To sum up, before borrowing, it is best to sign a loan contract with the borrower, clarifying the key terms such as the amount of the loan, the interest rate, and the repayment period. At the same time, try to make transactions through bank transfers and other means, and keep transaction records and transfer vouchers in case you need them. If you encounter a situation where you do not repay your debts, you should stay calm and take appropriate measures to protect your rights and interests.

Legal basis:

Article 675 of the Civil Code of the People's Republic of China.

The borrower shall return the loan within the agreed time limit. Where there is no agreement on the term of the loan or the agreement is not clear, and it is still uncertain in accordance with the provisions of Article 510 of this Law, the borrower may return it at any time; The lender may demand the borrower to return it within a reasonable period of time.

Summary. Hello, there is no evidence of the way to ask for money: the creditor can show other evidence other than the IOU that can prove the existence of a creditor's right and debt relationship between the two parties, such as transfer records, witness testimony of people in the know, audio and video recordings, etc.

As long as the evidence presented by the creditor can form a complete chain of evidence or can prove that there is indeed a creditor's rights and debts relationship between the two parties, the creditor may file a lawsuit with the people's court to require the debtor to perform its obligations.

Hello, there is no evidence of the way to ask for money owed: the creditor can show other evidence other than the IOU that can prove the existence of a creditor's right and debt relationship between the two parties, such as the record of the spring account, the witness testimony of people in the know, audio and video recordings, etc. As long as the evidence presented by the creditor can form a complete chain of evidence or can prove that there is indeed a creditor's rights and debts relationship between the two parties, the creditor may file a lawsuit with the people's court to require the debtor to perform its obligations.

Legal basis: Article 110 of the Civil Procedure Law must meet the following conditions for a lawsuit: (1) the plaintiff is a citizen, legal person or other organization with a direct interest in the case; (2) Defendants with clear posture files; (3) The informant has specific litigation claims, facts, and reasons; (4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

If you owe money, you don't have to find evidence. Evidence that can be collected: 1. Witnesses who can prove the relationship between creditor's rights and debts.

Here it can be someone else who knows how to answer the loan at that time to prove the relationship between creditor and debt. 2. Transfer records that can prove the creditor's rights and debts. The transfer record can be WeChat transfer record or bank transfer record, which can prove the creditor's rights and debts.

3. Chat records and recordings showing the creditor's rights and debts between the two parties. Verified electronic evidence can also be used as valid evidence, so chat records and mobile phone recordings on mobile phones can also be used as evidence.

Article 63 of the Civil Procedure Law Types of Evidence Evidence includes: (1) statements by the parties; (2) documentary evidence; (3) Physical evidence; (4) audio-visual materials; (5) Electronic data; (6) Witness testimony; (7) Appraisal opinions; (8) Inquest records. Evidence must be verified before it can be used as a basis for determining facts.