Can the transfer of money between individuals be used as evidence of borrowing?

However, you have to collect some other evidence, ** recordings, chat records, etc., and then go to the court to sue or find a collection agency platform to help collect, and you need to be cautious when borrowing money.

Transfer refers to a bank currency settlement method that does not directly use cash, but transfers money from the payment account to the receiving account through the bank to complete the currency receipt and payment. It has gradually developed along with the development of the banking industry. When the settlement amount is large and the space distance is long, the use of transfer settlement can be more secure and fast.

In modern society, the vast majority of commodity transactions and monetary payments are carried out through transfer settlement.

Article 668 of the Civil Code of the People's Republic of China: 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. Article 671: Where a lender fails to provide a loan on the agreed date and amount, causing losses to the borrower, it shall compensate for the losses.

If the borrower fails to collect the loan on the agreed date and amount, it shall pay interest on the agreed date and amount. Article 674:The borrower shall pay interest within the agreed time limit. Where there is no agreement on the time limit for the payment of interest or the agreement is not clear, and it is still uncertain in accordance with the provisions of Article 510 of this Law, and the loan period is less than one year, it shall be paid together with the return of the loan; If the loan period is more than one year, it shall be paid at the end of each year, and if the remaining period is less than one year, it shall be paid together with the return of the loan.

Article 675:The borrower shall return the loan within the agreed time limit. Where there is no agreement on the term of the loan or the agreement is not clear, and it is still uncertain in accordance with the provisions of Article 510 of this Law, the borrower may return it at any time; The lender may demand the borrower to return it within a reasonable period of time.

1. This is possible;

2. But you have to collect some other evidence, ** recordings, chat records, etc.;

3. Then go to the court to sue or find a collection agency platform to help collect, and be cautious when borrowing money in the future.

It seems that it can.

You can consult a lawyer.

Legal Analysis: No. To borrow money, you need to sign a loan contract or ask the borrower to issue an IOU.

The bank's remittance voucher cannot be used as evidence of borrowing, but only as evidence of the customer's transfer. The remittance voucher can only prove that there is a fund exchange between the two parties to the transaction, and cannot prove that the remittance voucher is generated due to the loan.

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 Dispute Cases Article 2 When a lender initiates 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 lenders.

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.

If the payment is made by bank transfer, online electronic remittance or through an online loan platform, the funds shall be paid to the borrower's account from the time they reach the borrower's account. But if there is only a transfer record, it can only prove that you have given him money, not that there is a loan relationship between you.

Legal basis: Article 116 of the Civil Procedure Law of the People's Republic of China: Audio-visual materials include audio and video materials.

Electronic data refers to information formed or stored in electronic media through e-mail, electronic data interchange, online chat records, blogs, microblogs, mobile phone text messages, electronic signatures, domain names, etc. The provisions on electronic data shall apply to audio and video materials stored in electronic media.

Records of transfers can be used as evidence. The information on the WeChat platform exists in the form of electronic data, which obviously falls within the scope of evidence under the Civil Procedure Law. However, the records need to be clearly identified, purposed, and retained.

In addition, China's current Civil Procedure Law clarifies that electronic data is a statutory type of evidence, and electronic data refers to information formed or stored in electronic media through e-mail, electronic data interchange, online chat records, blogs, microblogs, mobile phone text messages, electronic signatures, domain names, etc.

WeChat transfer records can be used as evidence in prosecution. WeChat transfer records require electronic data and are one of the types of legal evidence. However, WeChat transfer records alone cannot prove the existence of a debt relationship between the two parties, and other evidence needs to be provided to support it as much as possible.

In the WeChat chat record, if there is no clear mention of the lending relationship between the two parties, or even only one WeChat transfer record, then the probative power of the WeChat transfer record is very weak.

2. Can screenshots of chat records be used as legal evidence?

Screenshots of chat logs can be used as legal evidence.

1. Electronic data refers to the words, numbers, etc. formed by electronic technology, such as emails, chat records, etc.;

2. It is of great significance for the parties to carry out litigation activities, protect their legitimate rights and interests, ascertain the facts of the case, and make correct judgments in accordance with the law.

The screenshot of Liaozhen's lifting day record needs to meet the following conditions:

1. Social software and text messages must be used as evidence to ensure that the content of social software and text messages is objective, truthful and reliable;

2. The chat records of social media and text messages need to be related to the facts of the case as evidentiary materials;

3. Social software and SMS chat records must also be legitimate.

Legal evidence refers to the basis for determining the facts of a case in accordance with the procedural rules. The issue of evidence is the core issue of litigation, and in the trial process of any case, it is necessary to restore the original face of the incident through evidence and the chain of evidence formed by evidence, so that a judgment made on the basis of sufficient evidence can be a fair judgment. Evidence should exist objectively, and falsifying or destroying evidence is an illegal act and should be prosecuted by law.

Article 63 of the Civil Procedure Law of the People's Republic of China clearly stipulates that evidence includes: parties' statements, documentary evidence, physical evidence, audio-visual materials, electronic data, witness testimony, appraisal opinions, and inquest records.