Partnering with others to do business, I don t use the money I borrowed by IOUs, and I have witnesse

Updated on society 2024-06-10
4 answers
  1. Anonymous users2024-02-11

    Hello friend, the loan between natural persons is a practical contract (the contract takes effect after the money is lent), as long as you receive someone else's loan, whether you use it or not, you have a legal obligation to return, so there is no such thing as not having to repay! If I misunderstand you, I hope to correct me, thank you!

  2. Anonymous users2024-02-10

    Summary. If there is evidence that the IOU was written under duress, you can file a lawsuit with the court and ask the court to revoke the IOU. If there is no special agreement, it should be borne jointly by the partners, although there are legal flaws in the forced beating, but the debt does exist, and there is a corresponding legal effect, and the judge will consider it at his discretion.

    Whether the IOU can be valid evidence depends on the judge's subjective determination.

    The partnership lost money in business and sent an IOU to the other party to sue me for borrowing money.

    If there is evidence that the IOU was written under duress, you can file a lawsuit with the court and ask the court to revoke the IOU. If there is no special agreement, it should be borne jointly by the partners, although there are legal flaws in the forced beating, but the debt does exist, and there is a corresponding legal effect, and the judge will consider it at his discretion. Whether the IOU can be valid evidence depends on the judge's subjective determination.

    What exactly is written in the note?

    The IOU is written to prove that the two parties have agreed to borrow, but the loan relationship has not really taken effect. In addition to the issuance of an IOU, the lending relationship also requires the actual delivery of the money, that is, the lender needs to deliver the money to the borrower. Only the proof of payment delivery can truly prove the validity of the loan relationship.

    Legal basis: Article 680 of the Civil Code of the People's Republic of China prohibits usurious lending, and the interest rate of the loan shall not violate the relevant provisions of the state. If there is no agreement on the payment of interest in the loan contract, it shall be deemed to have no interest.

    If the loan contract is not clear about the payment of interest, and the parties cannot reach a supplementary agreement, the interest shall be determined in accordance with factors such as the local area or the parties' transaction methods, trading habits, and market interest rates; Where natural persons borrow money between themselves, it is deemed that there is no interest.

    You see which one you belong to. You can refer to it.

  3. Anonymous users2024-02-09

    Summary. Hello, dear, I'm honored to answer for you! <>

    If you lose money in a partnership doing business, you can file a case if you send an IOU to sue you for borrowing money. Because there is an IOU, it is generally possible to file a case. However, if you have evidence that you are doing business in partnership, you can refuse to pay compensation, and if the other party cannot prove that they lent you money, they cannot claim compensation from you.

    The partnership lost money in business and sent an IOU to the other party to sue me for borrowing money.

    Hello, dear, I'm honored to answer for you! <>

    If you lose money in a partnership doing business, you can file a case if you send an IOU to sue you for borrowing money. Because there is an IOU, it is generally possible to file a case. However, if you have evidence to prove that you are doing business in partnership, you can refuse to compensate, and if the other party cannot prove that you have lent you money, you cannot be asked to compensate.

    Legal basis: Article 63 of the Civil Procedure Law of the People's Republic of China Evidence 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. Article 64: 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 comprehensively and objectively review and verify evidence in accordance with the legally-prescribed procedures. Article 65: Parties shall provide evidence for their own claims.

  4. Anonymous users2024-02-08

    Summary. There is no IOU, only witnesses can sue, but success depends on the facts of the case, and care should be taken to collect other relevant evidence. Witness testimony is a type of evidence, and the types of evidence provided for in the Civil Procedure Law include:

    1. Statements of the parties. 4. Audio-visual materials. 5. Electronic data.

    6. Witness testimony. 7. Appraisal opinions. 8. Inquest records.

    The witness testimony itself is a kind of evidence, and only the IOU is documentary evidence. The effect of two different pieces of evidence on the facts of the case will be different, but it does not affect the parties' exercise of the right to sue. Although the plaintiff and the defendant do not have a written IOU, if the testimony of an disinterested third party is sufficient to prove the existence of the loan and the amount of the loan, the loan relationship between the plaintiff and the defendant can be established.

    Both IOUs and witness testimony can be used as evidence, and their effectiveness depends mainly on whether they can prove the truth of the case. In judicial practice, if there is a witness who can testify and it is true, it can also be used as evidence.

    There is no IOU, and only witnesses can sue, but whether Bisun can win the case depends on the facts of the case, and attention should be paid to collecting other relevant evidence. The testimony of witnesses is a type of evidence, and the types of evidence provided for in the Civil Procedure Law include: 1. Statements by the parties.

    4. Audio-visual materials. 5. Electronic data. 6. Witness testimony.

    7. Appraisal opinions. 8. Inquest records. The witness testimony itself is a kind of evidence, and only the IOU is documentary evidence.

    The effect of two different pieces of evidence on the facts of the case will be different, but it does not affect the parties' exercise of the right to sue. Although the plaintiff and the defendant do not have a written IOU, if the testimony of an disinterested third party is sufficient to prove the existence of the loan and the amount of the loan, the loan relationship between the plaintiff and the defendant can be established. Both IOUs and witness testimony can be used as evidence, and their effectiveness depends mainly on whether they can prove the truth of the case.

    In judicial practice, if there are witnesses who can testify and are true, they can also be used as evidence.

    There is no IOU to help others pay off their debts, and there are no witnesses to sue.

    Yes, it can be determined that it is a borrower and a borrower through your claim and bank transfer records, of course, it is better if you can provide an IOU. It is recommended to sue for the sale of masking lead disposal. Bank transfer records can be used as evidence, and the fact of arrears and the amount of arrears can be proved to be good.

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