Someone owes money and doesn t have an IOU yet, what should I do

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.

You can still sue without an IOU, but in order to be supported by the judgment of the people's court, in addition to the borrower's own admission, the parties must provide corresponding evidence, otherwise they will face the risk of losing the lawsuit.

Evidence includes both direct and circumstantial evidence, and IOUs are direct evidence. In the absence of an IOU, the parties can support their claims by providing circumstantial evidence such as witness testimony, audio recordings, text messages, chat records, and remittance vouchers. It is recommended that the parties collect some evidence through some means, such as self-admission, such as negotiating with him, confirming the fact of your payment, creditor's rights and debts through audio recording or other records, urging the other party in writing, and asking the other party to sign for confirmation, etc., and then it can be resolved through litigation.

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.

Legal analysis: First of all, it should be noted that borrowing money should be written with an IOU, not an IOU, and there is a difference between the two. Where the borrowed money is not repaid, and there is no IOU, friendly negotiation shall be the mainstay, and attention should be paid to the collection of evidence, such as recording conversations, finding witnesses, etc., and where there is no result after negotiation, evidence may be prepared to the court to file a lawsuit.

Legal basis: Article 119 of the Civil Procedure Law of the People's Republic of China Article 119 A lawsuit must meet the following conditions:

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.

Legal Analysis: Lenders can start with circumstantial evidence to form a chain of circumstantial evidence before proceeding with a lawsuit. 1. Evidence of borrowed money:

Provide evidence that the money was lent to the other party at the time, such as bank proof of transfer to the other party; If you pay in cash, you need to print out a receipt for cash withdrawal from the bank or a reference to be present. 2. Evidence of asserting creditor's rights: Collect evidence that the borrower has asked for money, which can be a written repayment plan of the other party, or in the form of audio or video recordings to prove that the other party has repeatedly asked for repayment.

3. The other party's property information: After the lender applies to the court for compulsory enforcement, and the other party claims that it is unable to repay the money, the lender can try to find out the property situation of the other party, mainly houses, cars, companies, etc., and provide effective clues to the court.

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.

If the borrowed money is not repaid, the creditor can directly file a lawsuit with the court to demand the debtor to repay the loan, if there is no IOU;

The creditor will need to provide other evidence to prove the existence of the loan relationship, if it can provide the testimony of a third party present at the time of the loan; Evidence such as audio and video recordings at the time of borrowing.

After filing a lawsuit, wait for the court's judgment, and then request the other party to repay the loan according to the court's judgment, if the debtor does not repay the loan after the court's judgment;

The creditor may apply to the court for enforcement after the expiration of the performance period of the judgment, and the court will take enforcement measures to force the other party to repay the loan. Alternatively, the creditor may apply to the court for a payment order urging the other party to repay the loan.

Legal basis

Article 64 of the Civil Procedure Law provides that the parties have the responsibility 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. The people's courts shall follow legally-prescribed procedures to comprehensively and objectively review and verify evidence.

The other party owes money and does not pay it back, and 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. Therefore, if there is no IOU, it does not mean that the case cannot be filed and the loan cannot be recovered. The most important thing before filing a lawsuit is to collect evidence, and confirm the amount of the loan with the other party through chat records or ** recordings, text messages, etc., that is, in the absence of an IOU, through transfer records and other supporting evidence, to prove the existence of the loan relationship.

An IOU is an important documentary evidence of the existence of a borrowing relationship, and it is a proof of creditor's rights, but it is not the only evidence. Therefore, as long as the other evidence is sufficient, even if there is no IOU, but the other evidence can form a complete chain of evidence, the court will also rule in favor of the existence of the borrowing relationship, and the borrower should repay the loan. In addition, the law does not protect those who sleep on their rights, so that the statute of limitations has expired and the right to win the lawsuit is lost.

Legal basis

Article 188 of the Civil Code of the People's Republic of China: The statute of limitations for requesting protection of civil rights from the people's courts 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.