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First of all, we must know that the most important thing in the law is evidence. Generally speaking, debts incurred between citizens need to be supported by written materials, preferably with relevant witnesses.
For the written materials, the names of both parties to the creditor's rights and debtors, the amount of the loan, the date of the loan and repayment period, the date of signing the voucher, etc., shall be recorded in detail, and a guarantee may also be agreed.
If you wish to be supported by the court, you should not only provide relevant documentary evidence, but also contact the appropriate witnesses to prove the relationship. Otherwise, the other party may argue that he was coerced into making the IOU, or challenge that the evidence was forged.
In addition, you can present the text messages and call records with him as evidence in court, and if you have difficulty obtaining them, you can ask the court for assistance. This information will be an important tool to support you in your legal victory.
Before you decide to confront him in court, it is best not to alarm him and learn more about his actual information, such as his place of origin, place of residence, ID number, etc. Because once he disappears, your claim is likely to be dismissed by the court, which requires that the court "have a clear defendant".
The court only adjudicates evidence. Now, you should think more about what "real" materials you can provide to the court, and the more the better.
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Hello, your lending relationship is real, legitimate, and valid. As a rule, repayment should be made from the other party within two years of the due date specified on the IOU.
You have already lent him the money, so there is no right to exercise the defense of uneasiness, at present you can only wait for the time to repay the loan, if he cannot repay the loan on time, he can file a lawsuit with the people's court, according to his property situation, the people's court may mediate to let him repay you a certain amount every month.
Hope you are satisfied.
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As long as there is an IOU, if it is time to repay the loan, you can sue if you do not pay it back.
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Upstairs, I personally have a little opinion, I don't know if it's right or not:
First of all, is there any evidence to prove that the "creditor" has evidence to prove that your behavior is not an act of "giving"!
If it is a "gift" act, it cannot be repaid.
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Summary. Dear answer for you: Of course, the money borrowed after the breakup should be returned.
I think that since there is already a loan, it means that this amount will not be a small amount. Now that we've broken up, we should come back. On the one hand, it is a problem for their own economy.
On the other hand, if two people break up, it will be very troublesome for the other party to repay the debt.
Should the money borrowed after the breakup be returned?
Dear answer for you: Of course, the money borrowed after the breakup should be returned. I think that since there is already a loan, it means that this amount will not be a small amount.
Now that we've broken up, we should come back. On the one hand, it is a problem for their own economy. On the other hand, if two people break up, it will be very troublesome for the other party to repay the debt.
Personal lending refers to loans between citizens, between citizens and legal persons, and between citizens and other organizations. As long as the intention of both parties is true, it can be deemed valid, and the mortgage generated by the loan is correspondingly valid. Personal lending activities must strictly abide by the relevant provisions of national laws and administrative regulations, and follow the principles of voluntary mutual assistance and good faith.
During a relationship, it is very common for both men and women to pay each other money, in order to show their unswerving commitment to love, when one party is in difficulty, some pay money directly, and some pay property. There are generally two types of such payments, one is a gift and the other is a loan. From a legal point of view, borrowing money during a relationship legally forms a creditor-debtor relationship between a man and a woman, so the loan should be returned during the relationship, even after the loan is married during the relationship.
Unless the premarital debts are used for the purchase of marital property during the marriage or for matters after the marriage, there is a post-marital set-off or partial set-off of the debts. Men and women remain independent individuals after marriage, which also excludes the possibility of confusion of claims and debts.
You can describe your situation in detail, and the teacher can better answer for you.
Dear Are you satisfied with me? Do you still have any doubts?
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I think that some financial breakups during the relationship between the two can be resolved through negotiation, and most of them can get satisfactory results, but if you are not satisfied with such a solution, you can also use the following solutions to solve it.
In the first case, it can be returned, which is usually considered as a loan. Chat records, call records, etc., have mentioned that they are borrowings, remarks are borrowings, or "notes" have been issued directly. Some people are very particular, after the breakup, they have settled with the other party, and they have issued an IOU or IOU, which cannot be said, and the authenticity of the "note" can be determined in combination with the transfer record, and there is a high probability that it will be returned.
Similar to this situation, there is a transfer record, and then before and after the transfer record or both parties have made it clear that the transfer is a loan, several sets of evidence are combined, and there is a high probability that it is a loan and needs to be returned.
Of course, some people have a little legal knowledge, and secretly prepare the rent and borrow money when transferring money, in this case, unless there are special numbers such as "520" and "1314", there is a high probability that they will be returned.
In the second case, where it is clear that it cannot be returned, it is usually found to be a gift. There is no remark on the transfer, and the amount is "520", "1314", or a multiple of these two numbers, or on special holidays and anniversaries, if it is expressed to the other party, it will be recognized as a gift to the other party and cannot be returned.
Of course, if the gift is a valuable "hardware" bought for marriage, because there is a specific purpose, it needs to be returned, it is regarded as a conditional gift, and the conditions are not fulfilled, so it must be returned to the disadvantager.
In the third case, if it is unclear, it will usually be determined to be unjust enrichment, that is, there is no way to determine that it is a loan and it is not like a gift. The court will judge from the amount to see if it exceeds the normal living expenses, and if it exceeds, it will not be determined that it is a gift relationship, and after the breakup, the purpose of marriage cannot be realized, and there is no reason for one party to obtain a larger amount of money, and it will be judged to be unjust enrichment.
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Summary. Hello, I am the answer in the field of asking questions, and I am good at questions in the direction of marriage and family, love, psychology, interpersonal communication, etc. Your question I have received, please give me a few minutes to write the answer, I am not a robot, please do not end the order, thanks!
Should the money my ex-boyfriend borrowed from me come back after the breakup?
Hello, I am the answer in the field of asking questions, and I am good at questions in the direction of marriage and family, love, psychology, interpersonal communication, etc. Your question I have received, please give me a few minutes to write the answer, I am not a robot, please do not end the order, thanks!
broke up, how to ask for borrowed money.
Good morning, dear! If your ex owes you money, you must first understand that both parties have broken up, your relationship no longer exists, and you should consciously and rationally let the other person return it, which is also a matter of course. When we are in a relationship, don't lend money to your ex easily, otherwise you may lose both your money and your money.
Dear, is there no evidence of your borrowing?
No. He knows how much money to lend me.
Can you check the transfer history?
OK. There is a record of the transfer.
Yes, you kept that record, did he know that the chat between you was deleted? Does he not want to pay back?
Is it in, dear? Dear, if it is convenient, you can talk about your situation specifically, the teacher will answer you in detail, provide you with a solution, you can also click on the teacher to follow any questions you can consult at any time.
I think of course you should come back, and if the other party doesn't pay it back, you can choose to sue.
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Summary. Dear, I'm glad to answer for you: As long as there is a chat record to prove that you borrowed the money when you borrowed it, and then there is a receipt or an IOU, you can sue to get it back after the breakup, and the amount of more than 3000 can be opened for investigation.
After a man and a woman break up, they can get back the money they lent to each other by agreement, and if the negotiation fails, they can file a lawsuit with the court, but they need to provide evidence of the loan.
I broke up, can I get back the money I lent to the other party?
Dear, I'm glad to answer for you: As long as you have a chat record to prove that you borrowed the money when you borrowed it, and then you have a receipt or an IOU, you can sue to get it back after the breakup, and you can file a case for investigation if the amount exceeds 3000. "After a man and a woman break up, they can return the money lent to each other by means of a failure to answer the agreement, and if the result of the return cannot be negotiated, they can file a lawsuit with the court, but they need to provide evidence of the loan.
What should I do if all my personal information is fake when the other person is together and can't be contacted after the breakup?
Legal basis: Article 663 of the Civil Code of the People's Republic of China The donor may revoke the gift under any of the following circumstances: (1) Seriously infringing upon the lawful rights and interests of the donor or the donor's close relatives; (2) Failure to perform the obligation to support the donor; (3) Failure to perform the obligations agreed upon in the gift contract.
The donor's right of revocation shall be exercised within one year from the date on which the donor knew or should have known the reason for revocation. Article 665 of the Civil Code of the People's Republic of China Where the person who has the right to revoke the right to revoke the gift may request the donee to return the donated property.
If all the information of the other party is false, can you call the police, and you can find out my real name and whereabouts and stuffy home address through**. If the amount is large, you can bring ** or some real information about himself to the public security bureau for inquiry. 7 days to file a case on land.
Ants with acres. When he transferred Yuan Kai to the other party again, Lu Zi only had the first transfer, and he had already said that he would give an IOU, but I didn't ask for it, and other transfers were not clearly marked as borrowing and gifting, what should I do? It's a direct transfer that doesn't lend a gift.
If there is no IOU, the court will not accept it, and if it does not file a case, it is necessary to pay attention to evidence, and no evidence will be regarded as a voluntary transfer.
Since you find out that the other party is a liar, you must keep the evidence if you want to get the money back.
Don't be afraid, this is the time when he needs someone to listen to him the most, don't ask him for anything, just listen to him quietly.
No, because when he looks at you, you want to have it again.
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