What should I do if I lend money to others and don t pay it back, only the transfer record

What should I do if I don't pay back the money I lent to a friend?

1. If you have a transfer record, you can go to the people's court to sue him, it's okay if you don't have an IOU, it's best to collect more evidence, transfer records, chat records, call recordings, etc.

2、.It is advisable to collect evidence as soon as possible, including transfer records, chat records, call recordings, etc. A complete chain of evidence can be formed to prove the existence of borrowing between you.

After collecting evidence, go to the court as soon as possible to file a case for litigation, and at the same time file a lawsuit, you can apply to the court to preserve the property in the other party's name, including freezing his account and seizing his real estate and vehicle. After you win the lawsuit, if the other party still refuses to perform according to the court judgment, you can apply to the court to enforce the property that has been preserved. A lawyer can be entrusted with full authority**, and the lawyer's fee can be negotiated and communicated with the lawyer.

This needs to see whether there is an IOU, whether there is the identity information of the other party, and if there is the identity information of the other party, you can go directly to the court to sue. When filing a lawsuit, make a copy of all the evidence you have and submit it to the court, the number of copies of the complaint (number of defendants + 1).

It is particularly common to borrow money without an IOU, especially for small private loans. When the negotiation to repay the money is fruitless, you can pick up the law and go to the court to sue the other party. Of course, you need to be able to prove the fact of borrowing.

The most basic, transfer vouchers, audio and video recordings, chat screenshots, etc., can prove that you have fulfilled the obligation to lend and win half of the win. The other half is to prove that the money is "loaned", if it cannot be proved that it is borrowed, then the other party needs to prove the reason for the occurrence of the money, if both parties have no way to provide evidence for this, then the court can deal with it according to unjust enrichment and require the other party to repay the money. The biggest difference between unjust enrichment and lending is that unjust enrichment only needs to repay the principal, and does not support the agreed interest and liquidated damages.

Remind everyone that at present, in the course of hearing cases in many courts, there is support for proving the existence of a loan relationship between the two based on the transfer records, and then ruling in favor of the creditor. Therefore, in the future borrowing activities, when you do not write an IOU due to circumstances, it is best to take the form of bank transfer to trade. Legal basis:

Article 16 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases provides that if a plaintiff initiates a private lending lawsuit solely on the basis of IOUs, receipts, IOUs and other creditor's rights certificates, and the defendant argues that the loan has been repaid, the defendant shall provide evidence to prove his claim. After the defendant provides relevant evidence to prove its claim, the plaintiff shall still bear the burden of proof for the establishment of the loan relationship. Where the defendant argues that the lending has not actually occurred and can make a reasonable explanation, the people's court shall make a comprehensive judgment to 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 local or inter-party transaction methods, trading habits, changes in the parties' assets, and witness testimony.

If you lend 200,000 yuan to someone else and the other party does not repay it, as long as there is a bank transfer record, it can be used as a loan voucher to file a civil lawsuit with the court, requesting that the debtor be ordered to perform the repayment obligation.

Attached to the General Principles of the Civil Law:

Article 84 A debt is a specific relationship of rights and obligations between the parties in accordance with the provisions of the contract or in accordance with the provisions of the law, and the person who enjoys the rights is the creditor and the person who bears the obligations is the debtor.

The creditor has the right to require the debtor to perform its obligations in accordance with the contract or in accordance with the provisions of the law.

Article 108 Debts shall be repaid. If it is temporarily unable to repay, the debtor may repay it in installments with the consent of the creditor or the ruling of the people's court. and where they have the ability to repay and refuse to repay, the people's court is to make a judgment to compel repayment.

1. What should I do if my friend borrows money and doesn't pay it back, but only has a transfer record.

1. Friends can not borrow money through the following methods:

1) If a friend borrows money and does not repay it, you can negotiate with the other party first;

2) If the parties fail to reach an agreement through negotiation, the creditor may file a lawsuit with the court or apply for arbitration to recover the debt within three years with the transfer record;

3) If the other party still does not enforce the court judgment or arbitral award after it takes effect, then it can apply to the court for enforcement against the borrower.

2. Legal basis: Article 188 of the Civil Code of the People's Republic of China.

The statute of limitations for filing a request to a people's court for the protection of civil rights 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. What is the prosecution process for borrowing money and not repaying it?

The process of prosecuting a borrowed money and not paying it back is as follows:

1. The plaintiff submits the complaint, copies and relevant evidence to the people's court;

2. The people's court accepts the documents and materials submitted by the plaintiff, conducts a review, and files the case if it meets the requirements;

3. The court serves a copy of the plaintiff's complaint on the defendant;

4. The defendant makes a written defense;

5. ** trial;

6. The court makes a judgment.

If a friend borrows money, he does not only have a transfer record, and he can sue based on the record.

If neither party is able to provide evidence in this regard, it can be treated as unjust enrichment and the other party can be required to repay the money. The biggest difference between unjust enrichment and lending is that unjust enrichment only needs to repay the principal, and does not support the agreed interest and liquidated damages.

Copies or ID numbers, contracts, emails, mobile phone text messages, recordings, remittance records, etc.), and promptly sue and repay the money;

2. You can contact the lawyer in time to help analyze and guide how to further obtain evidence, so as not to miss the statute of limitations.

Otherwise, it will not be possible to win the lawsuit and protect the legitimate rights and interests of the people;

3. Look at the IOU.

If there is no lawsuit, the 2-year statute of limitations has expired, and the right to win the lawsuit cannot be obtained. At the same time, it depends on whether there is evidence to prove that the statute of limitations has been suspended or interrupted, and if there is no time to repay the money on the IOU, you can sue for money at any time and request that the statute of limitations has not expired;

4. The interest exceeds the annual interest rate of Zheng Zhu.

More than 36% of the laws do not support it;

5. If it is found that the other party has property before filing a lawsuit, it can apply for preservation;

6. If there is a guarantor, the borrower and the guarantor can be sued and required to bear joint and several liability;

7. If it is a private lending relationship or a contractual relationship, there is no fraud or other criminal acts, only civil liability is borne, and no criminal liability is borne.

The police will not accept it.

The fees for remote transfers are as follows:

1. ICBC and inter-bank transfers shall be charged at 1%, with a minimum of 1 yuan and a maximum of 50 yuan, that is, 1 yuan - 50 yuan, the same below;

2. Bank of China intra-bank and inter-bank transfer, less than 10,000 yuan; 10,000 to 100,000 yuan, 100,000 to 500,000 yuan;

3. CCB and inter-bank banks will charge a handling fee of 1% (1 to 50 yuan);

4. Agricultural Bank of China and inter-bank ordinary wire transfer.

A handling fee of 1% (1-50 yuan) will be charged;

5. Shanghai Pudong Development Bank is free of charge, and 1% (3-50 yuan) is charged across banks.

1. If a friend borrows money and does not repay it, then you can first negotiate with the other party, if the two parties fail to negotiate, then the creditor can sue the court with the transfer record within three years or apply for arbitration to recover the debt as agreed; 2. If the other party still refuses to enforce the judgment or arbitral award after the court judgment or arbitration award takes effect, then it can apply to the court for enforcement against the borrower.

Legal basis:

Article 2 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases provides that when a lender files a lawsuit with a people's court, it shall provide proof of creditor's rights such as IOUs, receipts, and IOUs, as well as other evidence that can prove the existence of a legal relationship between loans and loans.