What if you owe money and don t pay it back, but you don t have an IOU

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, the absence of an IOU does not mean that a case cannot be filed and the IOU cannot be recovered. 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. Therefore, if there is no IOU, look for other evidence to prove the existence of the borrowing relationship, which is an important documentary evidence of the existence of the borrowing relationship, and is a proof of creditor's rights, but it is not the only evidence. In the absence of an IOU, the lender can prove the existence of the borrowing relationship through evidence such as text message records, call recordings, bank transfer vouchers, witness testimony and other evidence of the communication between the borrower and the borrower on the loan, and if a chain of evidence is formed, the court will rule that the borrowing relationship exists and the borrower shall repay the loan.

If there is no IOU, it is also possible to have other evidentiary materials that can prove the fact of the loan relationship, such as bank transaction records, audio and video recordings, etc. If the other party owes money and does not pay it back, the creditor can sue without an IOU, but it needs some indirect evidence to assist, and the private lending relationship must have corresponding evidence before it can be sued, otherwise it is difficult to get the support of the court.

It is better to negotiate in private, without any evidence, it is useless to go through the legal process.

This thing is more difficult to say, this thing is subject to moral constraints, but not by law, depending on your ability, think of a way, you will always think of it, you may be able to endure it with more money, more, it is estimated that you are not comfortable, there are debt collection agencies, and there are also charges.

1. The contractual relationship between the debtor and the creditor shall be fixed, and the chat record or recording of the loan with the other party shall be retained. Of course, the other party can also make up the IOU or repayment plan; Record the dialogue of the loan contract relationship between the two parties as recognized by the other party; Find witnesses who can prove that there is a contractual relationship between you and you.

Second, if the negotiation fails, a lawsuit is filed with the people's court at the place where the remittance bank is located or where the defendant is domiciled, requesting the court to obtain the remittance voucher from the bank and demanding that the other party repay the loan.

Third, with regard to the whereabouts of the other party unknown, Article 22 of the Civil Procedure Law stipulates that: "The people's court at the place where the plaintiff is domiciled shall have jurisdiction over a lawsuit concerning the identity relationship brought by a person whose whereabouts are unknown or who has been declared missing; Where the plaintiff's domicile is inconsistent with the plaintiff's habitual residence, the people's court for the plaintiff's habitual residence has jurisdiction. ”

Legal Analysis: If you owe money, you don't have an IOU to sue. The IOU only exists as evidence and is not a necessary condition for filing a lawsuit, and the absence of an IOU does not affect the parties from filing a lawsuit with the court.

IOUs are not the only evidence, you can collect some other evidence that gives rise to the debtor's relationship and file a lawsuit with the court, such as witnesses, chat records, transfer vouchers or ** recordings, etc.

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.

Legal analysis: There is no IOU, you can find witnesses or secretly record audio. There is also the option to sue, provided that there is evidence and that it is within the statute of limitations.

Evidence includes IOUs, audio recordings, payment vouchers, etc., and the IOUs must be original and cannot be altered or photocopied in any way. If the date of repayment is indicated, the statute of limitations shall be within two years from the date of expiration of the IOU; If there is no repayment date, you can request repayment at any time, within two years from the date of the first recovery. After the court makes a judgment, if the other party cannot apply to the court for compulsory enforcement, the debtor can also be detained if it defaults maliciously.

In the event of the death of the debtor, it may be paid off from his estate.

Legal basis: Article 119 of the Civil Procedure Law of the People's Republic of China: The following conditions must be met for a lawsuit: (1) the plaintiff is a citizen, legal person, or other organization that has a direct interest in the case; (2) There is a clear defendant; (3) There are 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.

1. What should I do if I don't pay back the money I owe without an IOU.

1. If there is no IOU and the other party does not repay the money, the lender can collect evidence and sue in court. In the absence of an IOU, the lender may prove the existence of the borrower through evidence such as text message records of the communication between the borrower and the borrower on the loan, chat records of other chat software, call recordings, bank transfer vouchers, witness testimony, etc.

2. Legal basis: Article 188 of the Civil Code of the People's Republic of China provides that the statute of limitations for requesting protection of civil rights from the people's court is three years. Where the law provides otherwise, follow those provisions.

The limitation period is calculated from the date on which the right holder knows or should know that the right has been damaged and the obligor. Where the law provides otherwise, follow those provisions. However, if more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not grant protection, and where there are special circumstances, the people's courts may decide to extend the rights holder on the basis of the right holder's application.

2. How to sue the court if you owe money and have no IOUs.

The procedure for filing a lawsuit with the court is as follows

1. Prepare civil pleadings;

2. Go to the people's court with jurisdiction to file a lawsuit and submit relevant evidence;

3. Attend and participate in litigation activities on time in accordance with the notice of the people's court;

4. If you are not satisfied with the first-instance judgment or ruling, you should file an appeal with the original people's court or the people's court at the next higher level within 15 days after receiving the judgment or within 10 days after receiving the ruling, and submit an appeal petition.

In the absence of an IOU, find a way to obtain other evidence of the existence of a borrowing relationship between the two parties, and then go to court to file a lawsuit.

IOUs are very important creditor's rights certificates, which are documentary evidence, and in many cases are direct evidence of the existence of the borrowing relationship, but the IOU is not the only evidence to prove the borrowing relationship. In the absence of an IOU, the lender can form a chain of evidence to prove the existence of the borrowing relationship through evidence such as bank transfer records, call recordings, the content of text messages, and witness testimony.

In the legal provisions, it is clearly stated that the parties must have conclusive evidence. The key to whether the claim can be supported by the judiciary is the evidence. From a legal point of view, in the process of filing a claim with the judicial department, the party must be the one who asserts the claim and who provides evidence.

Therefore, evidence should be collected in time to prove the existence of the fact of borrowing, because there is no direct evidence in the chain, it is necessary to look for indirect evidence, which can be started from many aspects, such as short messages, emails, etc., as long as the fact of owing money can be proved, you can go to the court to sue.

At the same time, a prerequisite should be met in order to sue for the lawsuit, that is, the loan lawsuit is still within the statute of limitations. According to the provisions, the statute of limitations for filing a request to the people's court for the protection of civil rights is three years, unless otherwise provided by Lu Kailu. In a loan relationship, if the IOU indicates the date of repayment, the statute of limitations is calculated from the day after the date of repayment and is valid for 3 years.

If the borrowed money is not repaid, even if there is no IOU, the creditor can still bring the ID card, complaint and a copy to the court where the defendant is domiciled to file a civil lawsuit to demand that the other party repay the money. If there is no IOU, other evidence that can prove the existence of a creditor's rights and debts relationship between the two parties may be provided, such as chat records between the two parties, bank transfer records, witness testimony, etc. If the court orders the other party to repay the money, but the other party still fails to perform within the time limit specified in the effective judgment of the court, it may apply to the court for compulsory enforcement within two years after the expiration of the time limit.

Call him ** and ask him how much money he borrowed me on a certain day of the month and when he plans to pay it back to me. Then record the conversation between you and save it. There is evidence in the lawsuit.

If the borrowed money is not repaid, even if there is no IOU, the creditor can still bring the ID card, the complaint and a copy to the defendant's domicile to file a civil lawsuit against Senyun, demanding that the other party repay the money. If there is no IOU, other evidence that can prove the existence of a creditor's rights and debts relationship between the two parties may be provided, such as chat records between the two parties, bank transfer records, witness testimony, etc. If the court orders the other party to repay the money, but the other party still fails to perform within the time limit specified in the effective judgment of the court, it may apply to the court for compulsory enforcement within two years after the expiration of the time limit.