What to do if you borrow money and want to come back, through bank transfer, no credentials

First of all, don't think that there is no borrowing or not repaying according to what other person says about the person, of course, this is a matter of your personal thinking, I say it seems redundant, maybe you don't want your husband to lend out the money, because it is likely that your husband has not discussed much with you, so even anyone, although I said it a little sharply.

Second, the bank transfer itself is also a credential, and you can print the details of the transfer over the counter, which can be used as evidence. You can try to ask your husband to tell the relative to write an IOU, or record it when you hit ** with the first floor, of course, it is best not to use this trick unless it is absolutely necessary, why bother.

Thirdly, it should be reminded that if the relative writes that the repayment date is August 1, 2008 (for example), and after August 1, 2008, he has been delaying until August 1, 2009 on the grounds that he has no money to repay, in which case you must ask him to rewrite the repayment time before August 1, 2009. Legally, private loans that have not been recovered for more than one year will not be accepted.

Fourth, if he does not write an IOU for any reason, then you can directly ask him to repay the loan, and he must write a written reply within 1 year from the date of borrowing, otherwise you can call the police.

1.It's still tentative to understand the returnability and do research.

2.If you feel that you can pay it back, then just say that you have something to ask him for money, this matter cannot be touched, and the tighter you chase, the more likely you are to come back.

3.But if the repayment is small, then borrow back a little bit, say that you are very mixed with the money, very anxious to use the money, a little bit, as much as you can get back!

I think 50,000 yuan is not a small amount, so I want it back in batches, not to mention that there is no certificate. The risk can be small in batches.

It's difficult, only keep urging, record when talking to him, and leave evidence of his borrowing money, so that when the time comes to sue the law, there will be evidence.

Lending money to others only has transfer records generally cannot prove the existence of a lending relationship between the two parties, and other evidence that can prove the existence of a lending legal relationship is required to support it. Other evidence that can prove the existence of a legal relationship between the loan and the loan includes the loan contract, IOU, IOU, etc.

[Legal basis].Article 2 of the Provisions on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases.

When the lender files a private loan 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 be used to prove the existence of the legal relationship of the loan.

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. If the defendant raises a factual defense against the plaintiff's creditor's qualifications, and the people's court finds that the plaintiff does not have the qualifications of a creditor, it rules to dismiss the lawsuit.

Summary. It is also possible to recover the borrowed money without an IOU and a transfer record, and it is best to collect other evidence to prove the existence of the loan relationship. When the lender files a 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.

Can I get my money back without an IOU?

It is also possible to recover the borrowed money without an IOU and a transfer record, and it is best to collect other evidence of sales to prove the existence of the lending relationship. When the lender files a lawsuit with the people's court, it shall provide proof of creditor's rights such as IOUs, receipts, and IOUs, as well as evidence that can prove the existence of the legal relationship between the elderly and the elderly.

The lender can generally solve the problem by boredom in the following five situations: ask the borrower to give the borrower an IOU; Directly apply to the people's court for a payment order; Messenger bucket through ** recording or other recording methods; You can check whether there is real estate, vehicles, and deposits in their names, and seal and freeze them for execution.

I am glad to answer for you [than the heart] [than the heart] [than the heart] [than the heart] [than the heart] [than the heart] [than the heart] I wish you a happy life [little red flower] [little red flower] [little red flower].

Legal analysis: You should keep the relevant evidence (such as a copy of the other party's ID card or ID number, contract, filial piety email, mobile phone text message, recording, remittance records, etc.), and sue in time to ask him to pay back the money.

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 to repay the loan and pay interest when due.

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 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.

To put it simply, if there are only bank transfers, Alipay, WeChat and other forms of transfer records, you can sue the other party to repay the money. If the other party does not admit that the transfer is a loan, then the other party must provide evidence to prove the nature of the transfer, which is used to repay the previous loan between the two parties or the transfer for other reasons such as sales and sales, otherwise the court will support your claim and require the other party to bear the responsibility for repayment.

The law is based on the radical faction:

Article 667 of the Civil Code of the People's Republic of China 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 680 Lending at usurious interest rates is prohibited, and the interest rate on loans must not violate the relevant state regulations. 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 does not clearly stipulate the payment of interest, and the parties cannot reach a supplementary agreement, the interest shall be determined in accordance with factors such as the transaction method, trading habits, and market interest rate of the local or the person concerned; Where natural persons borrow money between themselves, it is deemed that there is no interest.

Legal analysis: To put it simply, if there are only bank transfers, Alipay, WeChat and other forms of transfer records, you can sue the other party to repay the money. If the other party does not admit that the transfer is a loan, then the other party must provide evidence to prove the nature of the transfer, which is used to repay the previous loan between the two parties or the transfer for other reasons such as sales and sales, otherwise the court will support your claim and require the other party to bear the responsibility for repayment.

Legal basis: Article 667 of the Civil Code of the People's Republic of China A loan contract is a contract in which the borrower borrows money from the lender and returns the loan and pays interest when due. Article 680 Lending at usurious interest rates is prohibited, and the interest rate on loans must not violate the relevant state regulations.

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.

Only evidence of the bank's transfer records can be sued, and legitimate and reasonable claims will be upheld by the court. If conditions permit, you can ask the other party to write an IOU, and if the other party refuses, you can also confirm the existence of the arrears to the other party through SMS** and other information, and then go to the court to sue.

From a legal point of view, it can be seen that IOUs and receipts are the most direct proof of creditor's rights, and only with these evidence can they show the existence of the loan relationship. Without these, there will be a lot of unnecessary trouble.

1. How to solve the problem of being fooled into playing an IOU.

There is no need to repay the IOU if you are fooled into making an IOU, and the court will not support the other party's claim.

If the IOU is written by trick and there is no real lending relationship between the two parties, you can go to the court to sue for the invalidity of the IOU and the non-existence of creditor's rights and debts.

The court will determine whether there is a loan relationship in combination with other evidence for the "IOU" with defective forms, and at the same time borrow money for cash delivery;

Based on factors such as the delivery voucher, the relationship between the parties, and the transaction details stated by the parties, it can be comprehensively judged whether there is a legal and true debtor-debtor relationship between the parties.

2. How to sue for debt collection without an IOU.

1. If there is no IOU, you can negotiate with the other party and ask the other party to provide a repayment plan and make up an IOU at the same time.

2. If the debtor fails to issue a repayment agreement or IOU or does not admit the fact of debt owing, the creditor shall collect evidence in a timely manner and prepare to file a lawsuit.

First, you can collect the debt by text message, so that the other party can admit the fact of borrowing and promise the repayment period. After that, the text message record is saved as evidence for prosecution. Pay attention to the full name of the person on the mobile phone number.

QQ and WeChat are popular chat tools and important ways to preserve evidence. In order to prevent the debtor from quibbling that "it is not the borrower", it is necessary to confirm its identity first, or voice verification or induce it to take the initiative to admit it; After confirming the identity of the borrower, start with the chat content, especially the important content such as the loan amount and the loan period, which should be kept completely.

The Civil Procedure Law stipulates that electronic evidence may be used as evidence in litigation. If there is no IOU but there are audio recordings and chat logs, this can be used as evidence to recover the arrears.

When the creditor makes the recording, it needs to call the debtor by full name, clarify the identity of the debtor, and focus the conversation on the loan, and if necessary, have a third person present to corroborate.

In addition, the recording should be kept intact and authentic after recording, and should not be arbitrarily deleted.

Third, the transfer voucher. Nowadays, many people transfer money through WeChat or Alipay, so you can keep these transfer vouchers to provide evidence. If the loan is in the form of cash and there is no transfer voucher, the testimony of witnesses at the time of the loan can only be collected to confirm the amount of the loan.

Through the above evidence, it is provided to the court for review, as long as the evidence is legal and the content is true and valid, then the other party must bear the responsibility of repayment.

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 provides that when a lender files a 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 relationship between the lender and the lender.

If there is no IOU, it can be recovered by litigation.

According to the judicial interpretation of the Supreme People's Court, to clarify whether there is a private lending relationship, it is necessary to comprehensively consider the proof of the lending relationship, the transfer record or the proof of money transfer.

In this case, you can provide evidence to prove that the loan has been paid and show the transfer record. If the other party can't prove the reason for the money, you will win the case.

According to the law, through bank transfer, a payment record will be left, but it can only prove that you paid the money to the other party, not that you lent the money to the other party, and if you want to get the money back, you need other evidence to further corroborate.

This money can be returned in the following cases:

First, the other party takes the initiative to return it;

Second, there is other evidence to prove that the transferred money is a loan, the creditor sues, and the debtor has the ability to repay.

Even if there is a receipt at the bank counter or ATM, it is not necessary to come back if the personal reputation is not good, even if there is no flat note, if the personal reputation is good, you can come back.

Take the transfer slip with your transfer card number on it This can be used as evidence If not, log in to the online banking There are card transaction details in it It is also possible to print it out It is best that the card you transferred in the past and the birth certificate of the person who borrowed your money are corresponding (the card is required to apply for an ID card).

The transfer slip is also a very important piece of evidence, because it should be all there.

This should be no problem, as if you are transferring money at an ATM device you will be asked to print your credentials. If it's a counter, you'll get a receipt. (There will be the other party's transfer account number on the receipt).

Tip: If you're really worried about this, think about whether it's worth lending your money to the other person.

Is the borrower willing to make an IOU? It's better to make up the IOU! Everyone is at ease. There will be a way to do it then, but it will make everyone unhappy at that time.

A lawsuit can be filed in court to apply for repayment from the borrower.

In a word, if the person who borrowed your money has credit. No IOU will be given to you as well. If it's a scoundrel, it's not trustworthy. Even if you have an IOU, I won't change you. If you go to court to sue you, it won't pay you back.

There are only bank transfer records, and if the borrower denies the fact of borrowing, it is estimated that it will be difficult to get back the money borrowed.

Article 17 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases stipulates that: If the plaintiff files a private lending lawsuit solely on the basis of the transfer voucher of a financial institution, and the defendant argues that the transfer is to repay the previous loans or other debts of both parties, the defendant shall provide evidence to prove its claim. After the defendant provides relevant evidence to prove its claim, the plaintiff shall still bear the burden of proof for the establishment of the loan relationship.