What should I do if I help a friend repay the loan and don t write an IOU?

If you don't write an IOU, then you should make up the IOU, because if there is no IOU, then it will be very difficult to do things in the future, it will be very embarrassing, if you don't pay attention, you may make up the awkwardness, so it is better to make up the IOU. <>

I didn't write an IOU to help my friend repay the loan, so I should ask my friend to write an IOU for you. Because friends will still have friends, if one day he doesn't treat you as a friend and you have nothing, how can you go to her and ask for money. <>

I helped my friend repay the loan, but I didn't write an IOU, and I would be relieved if I was a good friend. If you're not a good friend but don't want me to make an IOU, then I'll leave some evidence. <>

It is recommended to file a lawsuit with the court as soon as possible to demand repayment, and once the two-year statute of limitations has expired, the right to prevail will be lost. After winning the lawsuit, if the other party fails to perform the court judgment within the performance period, it can apply to the court for enforcement.

I hope to be a good friend, I can negotiate with my friend and ask the other party to write an IOU that matches the actual amount borrowed. The creditor should also collect other evidence that can prove the existence of the loan.

I think it doesn't matter if you don't write an IOU if you are a good friend, because you know that person will pay you back anyway, and you can try to bring it up again.

If the relationship is good, it doesn't matter, if the relationship is not good, then write a repayment note, it's the same, after all, you are responsible for your own friends.

It depends on your friend's character, if there is really no evidence, even if you don't give you the money, you can't do anything.

Legal analysis: If there is no IOU for borrowing money, and the other party does not repay the money, evidence can be collected and sued in court. In the absence of a loan search slip, the lender may prove the existence of the borrowing relationship through evidence such as text message records of the communication between the borrower and the borrower on the loan, chat records of WeChat or other chat software, call recordings, bank transfer vouchers, witness testimony, etc.

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: When a lender files a private lending lawsuit with the 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 the legal relationship between the lender and the lender.

Where the creditor's rights vouchers such as IOUs, receipts, and IOUs held by the parties do not indicate the creditor, and the parties holding the creditor's rights vouchers file a private lending lawsuit, the people's court shall accept it. Where the defendant raises a factual defense against the plaintiff's creditor qualifications, and the people's court finds that the plaintiff does not have the creditor qualifications upon review, it rules to dismiss the lawsuit.

Legal analysis: If there is no IOU for borrowing money, and the other party does not repay the money, the lender can collect evidence and file a lawsuit in court. In the absence of an IOU, the lender may prove the existence of the borrowing relationship through evidence such as text message records of the communication between the borrower and the borrower on the loan, chat records of WeChat or its chat software, call recordings, bank transfer vouchers, witness testimony and other evidence.

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 writing, unless otherwise agreed upon between natural persons.

The content of the loan contract generally includes terms such as the type of loan, currency recoding, 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.

Lending money to friends is often a private loan, and if there is other evidence to prove the loan relationship between the two parties in addition to the IOU, there is a chance to get the loan back. Other evidence that can prove the existence of the legal relationship between the loan and the loan includes transfer records, witness testimony, and a letter of commitment to repay.

You can provide other evidence to prove the existence of the loan, and then sue the court to demand the other party to repay the loan; If the other party does not repay the loan after the court judgment, it can apply to the court for compulsory enforcement.

Legal basis] Article 236 of the Civil Procedure Law, the parties must perform on legally effective civil judgments and rulings. If one party refuses to perform, the other party may apply to the people's court for enforcement, or the adjudicator may transfer it to the enforcer for enforcement. The parties must perform the mediation document and other legal documents that shall be enforced by the people's courts.

If one party refuses to perform, the other party may apply to the people's court for enforcement.

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.

[Legal basis].

Article 15 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 where a plaintiff initiates a private lending lawsuit solely on the basis of IOUs, receipts, IOUs, and other 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 make a reasonable explanation, the people's court shall make a comprehensive judgment to verify whether the fact of borrowing has occurred by considering facts and factors such as the amount of the loan, the payment of the money, the economic capacity of the parties, the local area or the method of early balance between the parties, the trading 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 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.

If the other party does not agree, the borrower can prove the existence of the repayment by collecting other relevant evidence, such as transfer records, chat records, witness testimony, etc.

Article 9, Paragraph 1, Item 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 "may be deemed to have met the requirements for the validity of a loan contract between natural persons under any of the following circumstances: (2) if the payment is made by bank transfer, online electronic remittance or through an online loan platform, etc., from the time the funds reach the borrower's account", it is possible to establish a legal relationship for private lending even if there is no written proof of creditor's rights such as an IOU, receipt, or IOU.