First, if you don't have an iou, you can call a witness.
Plaintiff Zhang claimed that Defendant Wang borrowed money from him 1500 yuan. Considering that he is an acquaintance, Zhang did not let Wang borrow money because of his feelings. Two months later, the borrower Wang did not repay the loan on time as agreed, and did not give any explanation. After a long time, when Zhang saw that Wang had not paid back the money, he found Wang to urge him to borrow money, but Wang shirked it on the grounds that he had no money at hand. After that, Zhang repeatedly urged this paragraph, but Wang delayed it with various excuses. After the prosecution, Wang argued: I only owe the plaintiff 400 yuan money, and I have returned it to him. Now I don't owe the plaintiff money.
In court, the plaintiff Zhang provided Liao's testimony as evidence of his claim. The defendant Wang objected to the evidence. During the trial, in order to find out the facts of the case, the court summoned the witness Liao to appear in court, made a statement in court, and both parties testified. In the end, Suizhong County Court ruled that the defendant Wang fulfilled his repayment obligation and assumed corresponding civil liability. Our court ruled that Wang paid a loan of 1 100 yuan to Zhang after the judgment came into effect.
Lawyers believe that although there is no written loan contract between the original defendant and the defendant, the testimony of a third party with no interest is enough to prove the existence of the loan facts and the loan amount, so the loan relationship between the original defendant and the defendant is established. The defendant shall fulfill the repayment obligation and bear the corresponding civil liability. IOUs and witness testimony can be used as evidence, and its effectiveness mainly depends on whether it can prove the true situation of the case. In judicial practice, if a witness can testify and it is true, it can be used as evidence.
Second, you can secretly record without an iou.
She doesn't remember. It doesn't matter. I have a recording here. Hearing her daughter-in-law tell the judge that she had never borrowed money, her mother-in-law Lu immediately took out a prepared telephone recording and showed it to the court, exposing the lie that her daughter-in-law owed money. Lu Popo said that before she married her son in August last year, her daughter-in-law Shen had borrowed 30,000 yuan from her, but at that time, considering that she was about to get married, she had no intention of asking her future daughter-in-law to issue a loan. After the marriage, Lu repeatedly hinted to his daughter-in-law Shen that she owed money, and her daughter-in-law pretended not to know. During the trial, daughter-in-law Shen argued that she had never borrowed money from her mother-in-law Lu. Hearing her daughter-in-law deny it as usual, her mother-in-law Lu immediately provided the court with the phone number, phone list, text message and witness testimony of total recall, and the court made a judgment accordingly. Daughter-in-law Shen returned her mother-in-law Lu 30,000 yuan within 15 days after the judgment came into effect.
Second, what evidence can prove the loan relationship?
In the process of debt collection, the relevant debt collection materials, that is, debt collection evidence, are particularly important, because in order to have more debt collection evidence in law, the relevant IOUs and debt information become a basis for the success of debt collection, and there are still many debts without IOUs and written evidence in many debt collection cases. Although this debt dispute is tricky, creditors can collect other evidence that can prove the fact of debt collection. Specifically, the evidence includes:
1, IOUs, receipts, contracts and other evidential materials that can prove the creditor-debtor relationship between the plaintiff and the defendant.
2. The plaintiff shall provide the defendant with the time, place and evidence of delivery of the subject matter.
3, debt guarantee or joint liability, should provide the name, gender, work unit, position, home address, and evidence of responsibility.
4. For creditor's rights with collateral, a collateral receipt shall be provided, indicating the type, quantity and value of collateral.
5. Provide evidence of the debtor's breach of civil contract such as overdue performance of debts.
6. Provide evidence to prove that the defendant is solvent.
7. If a return is required, the certificate of the quantity, quality and storage place of the goods shall be provided.
8. The debtor can provide evidence to prove that the creditor's rights relationship has changed or disappeared.
9. Provide evidence related to this case. The above-mentioned evidential materials provided by the parties can be in the form of documentary evidence, physical evidence, audio-visual materials, witness testimony, etc.
Third, how should I write the IOU?
1, with written evidence, pay attention to safekeeping.
According to Article 4 of the Supreme People's Court's Opinions on the Trial of Loan Cases by People's Courts, the people's courts shall require the plaintiff to provide written evidence when trying loan cases; If there is no written evidence, the necessary factual evidence shall be provided. A lawsuit that does not meet the above conditions shall be ruled inadmissible. It can be seen that it is necessary for both borrowers and lenders to write relevant written evidence. It is ok to borrow well. Once a dispute arises, there may be no way to defend rights.
Although evidence is not limited to written evidence, it is often difficult to find other evidence without written evidence.
2. The format should be standardized and clear.
It is suggested to use the standard format of IOUs, IOUs and receipts. A complete IOU mainly includes four elements: creditor, debtor, debt content and return time, of course, signature and time; The receipt should include five elements: payer, consignee, delivery content and delivery time. Formal written evidence (available in stores) can generally reflect the above contents, which is clear at a glance and the rights and obligations of both parties are very clear.
3. Matters needing attention in the form
When writing written evidence, there should be no blank lines between the lines, otherwise it is easy for the holder to add other contents; Don't write with ink that fades and discolors easily. It is best to use black ink or blue-black ink for pens, and black ink is also acceptable. If you write with a pencil, ballpoint pen or other easily faded ink, the handwriting will become blurred without being properly soaked or soaked in water, and it may also create opportunities for people with ulterior motives to alter it with chemicals.
When dealing with debt disputes, several key steps must be followed. First, make sure to collect all relevant evidence, including loan agreements, IOUs and any relevant written or oral communication records. Secondly, try to actively communicate with creditors and seek solutions, such as installment repayment or renegotiation of debt terms. If no agreement can be reached, we can consider seeking the help of a third-party mediation or arbitration institution. If it still can't be solved, you may need to seek legal aid and bring a lawsuit to the court. Finally, no matter what action is taken, it is recommended to consult professional legal advice to ensure that your rights and interests are fully protected. Remember, every debt dispute has its own unique situation, so it is very important to ensure that corresponding actions are taken according to the specific situation.
Legal basis:
Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases;
Article 7 The basic facts of disputes over private lending must be based on the trial results of criminal cases. If the criminal cases have not been concluded, the people's court shall make a ruling to suspend the proceedings.