Lending money to a friend for 20,000 yuan without an IOU, what if the friend is lazy?

Updated on society 2024-02-20
8 answers
  1. Anonymous users2024-02-06

    First of all, if you want to borrow money, you should use an IOU instead of an IOU, the two are not the same. The basic contents of the IOU include: the name of the creditor, the amount of the loan (in local and foreign currencies), the calculation of interest, the time of repayment, the penalty for default (delay in repayment), the method of dispute resolution, as well as the name of the debtor, the date of the loan, and other elements.

    As long as the name of the creditor, the amount of the loan, the name of the debtor and the date of the loan are met, but the main conditions of the IOU are met, it has legal effect. Once a dispute arises, it can be used as evidence to claim the creditor's rights from the people's court, and the people's court will also accept it.

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  2. Anonymous users2024-02-05

    How did you give him the money If you send money, there is information in the book.

  3. Anonymous users2024-02-04

    Legal Analysis: Without IOUs, there are no two ways to borrow money. First of all, you can negotiate and communicate and ask the other party to repay the money.

    If there is no way to reach a consensus, then a lawyer can be entrusted to send a lawyer's letter to the other party, which serves as a reminder and warning to the party who owes the money, urging the other party to repay the money as soon as possible and bear the liability for breach of contract. However, the lawyer's letter cannot be enforced, and the other party still does not repay the money, so it will file a lawsuit with the people's court. Evidence to be provided when suing for borrowing money without an IOU:

    1. Evidence of borrowed money. If there is no IOU, you can collect evidence such as bank transfer records and ** recordings of both parties to prove the existence of the arrears and the specific amount of arrears; 2. Evidence of asserting creditor's rights. Collect evidence of what property the other party has, such as the other party's account, how many houses they have, how many cars they have, etc.

    The purpose is to achieve the purpose of being able to get money.

    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 61 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.

  4. Anonymous users2024-02-03

    There is no way for friends to borrow money: both parties can make up an IOU on the fact of borrowing. If the other party is unwilling, the parties may collect evidence such as transfer records, chat records, emails, and recordings of arrears, which is sufficient to support the parties' claims, and the people's courts shall support them.

    Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases》 Article 15: Where a plaintiff initiates a private lending lawsuit solely on the basis of IOUs, receipts, IOUs, and other proof of creditor's rights, and the defendant argues that the loan has already been repaid, the defendant shall provide evidence to prove his claim. After the defendant provides relevant evidence to prove its claim, the plaintiff should still bear the burden of proof for the existence of the loan relationship. Where the defendant argues that the lending has not actually occurred and can be reasonably explained in the register, the people's court shall comprehensively judge and verify whether the lending fact has occurred in consideration of facts and factors such as the amount of the loan, the payment of the money, the economic capacity of the parties, the method of early balancing of the transaction in the local area or between the parties, the transaction habits, the changes in the parties' assets, and the testimony of witnesses.

    Article 63 of the Civil Procedure Law of the People's Republic of China Evidence includes: (1) the statements of 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 to be true before it can be used as a basis for determining facts.

  5. Anonymous users2024-02-02

    Legal analysis: If a friend borrows money without an IOU, the lender may require the borrower to issue an IOU, or the lender may collect other evidence in accordance with the law to prove the existence of the loan, such as transfer records, chat records, witness testimony and other evidence.

    Legal basis: Article 60 of the Civil Procedure Law of the People's Republic of China Evidence includes: (1) the statements of the parties; (2) documentary evidence; (3) Physical evidence; (4) audio-visual materials; (5) Electronic data; (6) Witness testimony; (7) Appraisal opinions; (8) Inquest records.

    The evidence must be verified to be true before it can be used as the basis for determining the authenticity of the matter.

  6. Anonymous users2024-02-01

    As for how to deal with the problem of how to deal with the problem of not repaying the money borrowed by friends, there are many ways to resolve arrears disputes, such as negotiation, mediation and litigation.

    1.If the other party has the sincerity to repay the loan, but is temporarily unable to repay the loan or repay the loan in full at one time, it may consider giving an appropriate and reasonable grace period or repaying the loan in installments.

    2.If the other party has the sincerity to make the restitution, but is unable to repay the loan due to objective reasons, the litigation should be arranged as soon as possible based on the consideration of the statute of limitations.

    3.If the other party has no sincerity to repay but has the ability to repay, it is recommended to take appropriate measures to put pressure on the other party to force the repayment. If the effect of dunning cannot be achieved by non-litigation means, it is recommended to immediately adopt litigation and consider taking litigation preservation.

    1. What are the ways to solve the problem if the debt is not repaid?

    The debtor's debts are not repaid

    1. Make appropriate concessions and negotiate with the other party by giving an appropriate and reasonable grace period or repaying the loan in installments;

    2. If the negotiation fails, a written application for mediation may be submitted to the local people's mediation committee;

    3. If the mediation fails, file a lawsuit with the court in a timely manner;

    4. If the loan is still not repaid after the judgment is rendered, it may apply to the court for compulsory enforcement.

    2. Can a case be filed if the arrears of 700 are owed?

    Borrowing money does not still fall within the scope of civil litigation, and the public security generally does not deal with it, so it is recommended that you should directly file a lawsuit with the people's court or hire a lawyer to file a lawsuit. There are many ways to recover arrears, such as negotiating with the other party and asking for payment, and negotiation is a good way. If the negotiation fails, a lawyer can be entrusted to send a lawyer's letter to the other party.

    The lawyer's letter can play the role of reminder and warning to the debtor, urging the other party to repay the loan in a timely manner, bear the liability for breach of contract, etc., which is much more convenient than the judicial way, but the lawyer's letter is not mandatory, and if the other party refuses to return it, it is still necessary to file a lawsuit in the end.

    Civil Code of the People's Republic of China

    Article 135:Civil juristic acts may be in written, oral, or other forms; Where laws or administrative regulations provide or the parties agree to adopt a specific form, the specific form shall be adopted.

  7. Anonymous users2024-01-31

    Legal analysis: If you can find the borrower, take the evidence of his non-repayment of the loan in the form of audio recording, obtain conclusive evidence, and then take the legal route. If you don't have evidence, taking the legal route will not only not help you solve the problem, but will also be charged with defamation, and you must have evidence.

    It should be noted that personal evidence does not play a substantive role, and can only be used as circumstantial evidence, which will not play a decisive role in the award.

    Legal basis: Civil Code of the People's Republic of China

    Article 667 A loan contract is a contract in which the borrower borrows money from the lender and returns the loan at maturity and pays interest.

    Article 668: The loan contract shall be in written form, unless otherwise agreed upon between natural persons.

    The content of the loan contract generally includes the type of loan, currency, purpose, amount, interest rate, term and repayment method.

    Article 669 When entering into a loan contract, the borrower shall, as required by the lender, provide the true information about the business activities and financial status related to the loan.

  8. Anonymous users2024-01-30

    If you lend money to others without writing an IOU or an IOU, others do not admit it, you can sue the court to demand that the other party repay the loan. There is no IOU that can provide other evidence to prove the existence of the fact of borrowing, if bank transfer records, ** recordings, witness testimony, etc. can be provided.

    Legal basis] Article 63 of the Civil Procedure Law, evidence includes:

    1) Statements of 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 to be true before it can be used as a basis for determining facts.

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Of course don't borrow, let's not say whether he is **, if there is more money in love, it is not love I personally think that this man is unreliable, whether from an objective or subjective point of view Think about it for a few more days, you have also figured out the problem from it, I hope you have to think about it calmly

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<> good friends can borrow from each other, but how much is this borrowing. When to pay it back, it is really anxious to use the money. We must grasp this degree. >>>More

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If you need it urgently, you can ask a friend to borrow it urgently, but try to return it as soon as possible; If it is not necessary, then try not to borrow money, especially with friends, it is better not to cooperate with each other, friends are not entangled financially, it is easy to hurt each other's feelings.

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If the relative who borrowed the money has any bad repayment records, then tell the mother directly not to lend money to the relative. If the relative does not have any bad records, then find out why your mother would lend money to this relative, talk to your mother, express your unwillingness to lend money to your relative, and hope that your mother will agree with your opinion.

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Since you asked here, it means that you don't know the bottom in your heart, and you still don't believe him very much in your heart, maybe it's because you don't know each other well enough and don't know each other enough. Personally, I don't think it's better to borrow. 1, the man will know so short and open his mouth to ask a woman for money, this is not an ideal partner, at least for you, your situation needs not to ask you for money, but to help you, a man who can support you for a day, if he loves you, he will understand your hardships, and will not ask you for money, 2, it is not easy for you to make money, and you are a high school student, now talk about marriage and marry far away, for a future I don't know if it is my husband's man to pay his hard-earned money, it is not worth it. >>>More