Can I only sue for transfer records in 2023?
Published in 2022. 12. 10, accessed 36 times.
Lawyer Zhao Xiaoming.
Zhao Xiaoming lawyer author
Practice for 2 years and create 8 1 article.
1. Can I just sue the transfer record?
We can sue only the transfer record, but it is difficult for you to win the case with only one record. You need other certificates to provide evidence to ensure success.
Whether the transfer record can be used as evidence depends on the specific situation, and the evidence in different situations is different.
1. It can be seen that the loan relationship between the two parties has clear information about the transfer.
If there is not only a transfer record between the two parties, but also a chat record of the transfer exchange between the two parties, the existence of the loan relationship can be clearly defined from the chat record. There is no doubt that the transfer record at this time is a strong evidence for the debtor to repay the debt.
2. Without favorable information, it is impossible to determine the fact of borrowing.
If the online chat record does not explicitly mention the loan relationship between the two parties, or even only the transfer record, then the evidence of the transfer record is weak. At this time, the judge is not sure whether the transfer is due to the loan relationship, which may be other reasons. In this case, the transfer record cannot identify the debtor. On this issue, the debtor can say that this is the money given to him by the creditor.
2. What evidence does the debt problem need to provide only for the transfer record?
1. SMS online chat records are used for evidence collection. For example, the content of the short message includes the mention of repayment, and whether the other party has acknowledged the loan.
You can go to the bank to get some withdrawal or transfer documents.
3. There is audio that can be recorded by both parties, such as withdrawing money on the phone or confirming borrowing money.
4. Confirm whether there is a third person present, that is, when borrowing money, the third person can prove that both parties borrowed money.
Third, how to entrust a lawyer to handle the loan?
1. If a law firm thinks that it can accept the employment, it shall sign a contract for the employment of lawyers with the parties, go through the entrustment formalities, clarify the rights and obligations of the parties and the law firm, specify the names of lawyers entrusted by the law firm, and be signed and sealed by the parties and the law firm, indicating the date of conclusion of the contract.
2. If a law firm accepts the entrustment of others, it shall submit the documents of attorney before accepting the entrustment.
3. The legal services of lawyers who pay agency fees are paid services. Therefore, when the parties engage a lawyer, they must pay a certain amount of lawyer fees, and charge the parties a handling fee within the prescribed scope according to the actual situation such as the complexity of undertaking business, the length of time required and the number of litigation objects.
Whether the transfer record can be used as evidence depends on the specific situation, and the evidence in different situations is different. If there is not only a transfer record between the two parties, but also a chat record of the transfer exchange between the two parties, the existence of the loan relationship can be clearly defined from the chat record. The above is "Can only transfer records be prosecuted?" .
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