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It's hard to get it back without any credentials. If there is another witness, you can find him and say to your friend that I will ask him to testify to go to court against you. If it doesn't work, you have to be tough, saying that you will find a debt collection company to collect his money, or intimidate him and say, don't mess with me, I'm short of money now, and if I don't pay it back, I can do anything.
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If you borrow money from others without an IOU, you first need to find evidence to prove that the other party has borrowed money from you, which can form an indirect evidence chain to prove that the other party asked you to borrow money. Then you can file a lawsuit with the court, and if you can prove that you have lent money to others, the court can support the other party's request to repay the loan.
Legal analysisAt this time, the lender can start with circumstantial evidence to form a chain of circumstantial evidence. 1. Evidence of borrowed money: provide evidence of lending money to the other party at that time, such as bank vouchers for transferring money 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. 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. China's civil litigation implements the principle of "whoever asserts the claim, who shall present evidence", that is, the parties have the obligation to provide evidence to prove their claims, and the evidence includes documentary evidence, physical evidence, audio-visual materials, etc. Documentary evidence refers to the use of words, symbols, charts and other forms to express certain thoughts or behaviors, the content of which can prove the true situation of the case, it is the most powerful evidence, is recognized as the "king of evidence".
In a lending relationship, the IOU issued by the borrower himself is a powerful documentary evidence. After borrowing money from others, be sure to ask them to send you an IOU, and specify the time of borrowing and the time of repayment and the amount of money borrowed on the IOU. If the other party refuses to pay back, then the other party can get the money back through legal means.
Legal basis"Civil Procedure Law of the People's Republic of China" Article 119: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.
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It's not easy to ask for a situation without evidence, you have to find a way to find evidence. You can mention this matter to the other party on WeChat or when chatting, you have to save the chat record or recording, and once the other party admits this matter, it can be used as evidence to sue the court.
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Now everything pays attention to evidence, money is not other small east and west, you can borrow casually, unless you are not bad at money, borrow at will, even if you can't get it back, it will be regarded as a good deed, but generally borrowing money is hoping to return it, and the brothers also settle the accounts, let alone lend it to others, borrow a certain amount of money, then you must keep good evidence. You have no evidence of this, unless he has a conscience, and it will be difficult to get it back.
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Small loans between friends are generally not IOUs.
But don't worry, most people will return it on time.
However, there are also people who are more dependent, and if you don't urge them, you won't pay them back.
For such people, don't be embarrassed to rush.
If the money is not much, just ask for it, and if you really don't pay it back, you have to think that you are unlucky.
If you have a lot of money, you can make a recording or leave other evidence when you ask him for money.
In the future, if the other party does not repay the money, they will sue in court.
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If you don't have evidence, you have to create evidence! You can go and record when you want to borrow it, and ask a few people to be witnesses.
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It can only be relied on by the conscience of the payer.
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It's hard to do without evidence, it's all about character.
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Cash or transfer? Is there a third person present to give cash?
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If the debtor does not repay the due debt at the request of the creditor, and the creditor does not have an IOU, and the creditor wants to disturb the debt and wants to recover the due debt, the following methods can be adopted. 1. There is no IOU, if there is a witness who can prove when and where the debtor borrowed the creditor's debt. As long as the witness is a third party who has no interest in the creditor's right or the debtor, the witness's testimony can be accepted by the court as evidence.
2. If the debtor admits that he has borrowed money and has not repaid it, as long as the debtor does not say it voluntarily under the condition that the creditor is forced by illegal means, then such a recording can also be used as evidence to prove that the creditor has creditor's rights. 3. Another is to let the creditor voluntarily write an IOU, of course, such cases are rare, because it does not want to repay the debt.
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You can use the remittance slip to prove that the money has been paid. The receipt printed by the ATM transfer or the receipt of the over-the-counter transfer can be used as a transfer and remittance voucher. If the other party does not admit the remittance, you can call the police and be handled by **.
Legal analysisIf you have evidence in hand, don't worry, if you don't pay back the money privately, you can sue the court for restitution. Evidence, such as bank transfer vouchers, Alipay, and WeChat transfer records, can prove that the other party received a sum of money from you.
As for whether it is a loan or other money, the other party needs to explain the reason for receiving the money, and the other party may argue that the money returned, the payment for the goods, the rent paid, etc., of course, it is not okay to say that there is no service to the world, the other party must take out the IOU or remittance record you wrote to prove that it is indeed a returned loan, and you can also take out the receipt or rental contract to prove that the other party is not a lie. In addition to the transfer voucher, if you also have any evidence such as a written IOU, IOU, repayment plan, WeChat chat records** recording, etc., the case is more likely to win, according to the above, the evidence is only bank transfer records, there is a great risk, if the other party comes up with evidence to raise a defense, the plaintiff needs to continue to prove that the bank transfer record belongs to the loan between the two parties. If the loan is delivered in cash, because there is no bank transfer certificate, it is best to have written IOU, IOU, repayment plan and other evidence, of course, if there is no bank transfer certificate, it is necessary to prove that the loan has been delivered to the other party, so in this case, most of the cases belong to the situation where the loan amount is not large, if the loan is more than one million yuan, and there is no bank transfer certificate, it is difficult for the judge to support the lender's litigation claim.
Since the borrower is defaulting on the debt, my suggestion is to take the legal route and not keep delaying, because the issue of the statute of limitations will be beneficial to the borrower, and the longer it drags on, the more beneficial it will be to the borrower. There is no evidence, and the loan amount is very large, so it is recommended to negotiate repayment to minimize your own losses.
Legal basisCivil Procedure Law of the People's Republic of China Article 64: Parties have the responsibility to provide evidence for quick verification and negotiation of 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.
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Now it is possible to ask for back, and now the law stipulates that whoever sues shall provide evidence.
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The IOU or 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 in court. As long as the parties meet the requirements for filing a lawsuit as prescribed by law, that is, the parties have an interest in the case, have a clear defendant, and have specific claims, facts and reasons, they can sue even if they do not have an IOU. However, the parties may use other related evidence or circumstantial evidence, such as phone recordings with the debtor, bank transfer records, witness testimony, etc., as well as all evidence that can prove the fact of arrears and the amount of arrears, so as to clarify the existence of a creditor's rights and debts relationship between the parties.
If you give money in the form of cash, you should print a receipt for withdrawing cash from the bank.
Legal basis] Article 119 of the Civil Procedure Law, 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 the people's court's acceptance of civil litigation and the jurisdiction of the people's court that is the subject of the lawsuit.
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When everyone asks others to borrow money, the person who lends the money will ask the other party to sign an IOU, so as to prevent the borrower from not admitting the account in the future. Of course, if the borrower is a relative or a friend who is very familiar, and there is a deep relationship between the two, then there is no need to write an IOU, because the trust in the other party's personality will definitely pay back the money later. If I didn't write an IOU, I was retorted by the other party when I asked for money, and I don't know if I can get the money back from the loan.
In fact, the other party owes himself money, even if he has no IOU and no evidence, the money can be returned, and the debt can be collected by means of litigation. If there is no IOU written when the money is lent out, and there is other evidence that can prove the fact of the loan is real, then the money can be withdrawn. If the existence of the loan relationship is proved through the evidence of the transfer record, then the court will require the borrower to provide evidence or explanation, and if the borrower is unable to give a reasonable explanation for the money, then the court will determine that the loan has actually occurred.
If the other party bites back, then it will make you very angry, first of all, the two can negotiate to ask the borrower to write an IOU, or let him draw up a repayment plan. You can also find an intermediary to coordinate and ask the other party to return the money directly or reach a written repayment agreement. It is necessary to collect evidence of arrears, such as when the money was lent to the other party, bank transfer records or transaction records of both parties, these are all valid evidence, and they have a greater use when suing in court.
You can talk to the other party about this issue of borrowing money, through ** recording, which can also be used as evidence. When lending money to others, you must have a friendly political performance, so as not to let the other party not admit it. Usually try not to lend money to people you don't know, these people may be **, if the other party does not admit it, then it will add trouble to yourself.
If you borrow money from relatives, you don't have to worry even if you don't write an IOU, because relatives won't pay for it.
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If you don't have an IOU, if you want to get your own day, it mainly depends on these aspects, these kinds of credentials are the vouchers for your own transfer, some of the vouchers you lend money to the other party, or the other party is in WeChat, or in other aspects, for yourself to say the word "money", these credentials are conducive to their subsequent lawsuits.
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That's certainly not going to work, and if it's just verbal, you probably won't be able to get the actual evidence. Have an IOU or a chat history. and surveillance footage.
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It is still possible to ask for a return, but it is necessary to provide evidence of the loan, such as a transfer record, and a witness recording, which can be used.
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Legal analysis: If the two parties fail to reach an agreement, such as if the borrower refuses to repay the loan, the lender can directly file a lawsuit with the people's court where the borrower is located, requesting the borrower to repay the loan and interest.
Legal basis: The Supreme People's Court's Ruling on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases Article 9 In any of the following circumstances, it may be deemed to have the requirements for the validity of a loan contract between natural persons under Article 210 of the Contract Law:
1) If the payment is made in cash, from the time the borrower receives the loan; (2) Where payment is made by bank transfer, online electronic remittance or through an online loan platform, when the funds arrive in the borrower's account; (3) If the instrument is delivered, it shall be from the time when the borrower obtains the right to the instrument in accordance with law; (4) Where the lender authorizes the borrower to have the right to control a specific fund account, the borrower shall have the actual right to control the account from the time the borrower obtains the actual right to control the account; (5) When the lender provides the loan in other ways agreed with the borrower and the actual performance is completed.
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