Can WeChat transfer be used as evidence in civil litigation?

Wechat transfer records can be used as evidence, but the premise is to ensure that WeChat belongs to the real-name registration system, and the evidence is true and valid, which can be used as the legal basis for the judgment. As long as the evidence is complete, you can safeguard your rights and interests.

1. Can the WeChat transfer record be used as evidence?

WeChat transfer can be used as evidence, but WeChat must be authenticated by real name, and the evidence content must be true and comprehensive. If it is impossible to prove whether the transfer is used for loan or other contractual relationship, it shall not be adopted. If it is a lawsuit, it is recommended to prepare as much evidence as possible to form a complete chain of evidence. In the case of only the transfer record, the creditor can confirm the loan relationship between the two parties by telephone recording, and then provide the transfer record.

Article 116 of the Supreme People's Court's Interpretation on the Application of the Civil Procedure Law of People's Republic of China (PRC): Audio-visual materials include audio-visual materials and video materials. Electronic data refers to information formed or stored in electronic media by means of e-mail, electronic data exchange, online chat records, blogs, Weibo, SMS, electronic signature and domain name. Audio and video materials stored in electronic media shall comply with the provisions of electronic data.

Second, what is the process of taking the debt to sue?

1, put on record for acceptance

When bringing a lawsuit to the court, the plaintiff shall submit a complaint and relevant evidence materials, and submit a copy of the complaint and evidence according to the number of defendants. Upon examination, if it meets the acceptance conditions, it shall be accepted immediately and the relevant filing procedures shall be handled. If the conditions for acceptance are not met, the written decision of rejection shall be served on the plaintiff within seven days from the date of receipt of the complaint.

2. Pre-trial preparation

Within five days after the court accepts the case, the defendant shall be served with a copy of the complaint, a notice of responding to the lawsuit, a notice of litigation rights and obligations, a notice of proof, and a court summons. After responding to the lawsuit, the defendant served a court summons on the plaintiff. When summoning both parties in accordance with the law, the court should make all kinds of preparations for the hearing, such as informing the parties that they must participate in the proceedings, investigating the necessary evidence, informing the members of the collegial panel of the parties, and presiding over the exchange of evidence before the hearing. For the parties, first of all, when you or your unit is sued, you or your unit should respond to the lawsuit in accordance with the law in order to safeguard their legitimate rights and interests, and submit the defense and copy to the people's court within 15 days after receiving the complaint, and submit relevant evidence within the time limit specified by the court. Secondly, we should make all kinds of preparations to attend the proceedings in court and attend the trial on time according to the summons of the people's court.

Step 3: hold a court session

At the hearing, the clerk first announced the court discipline, and the judge found out the appearance of the parties and asked whether the parties applied for withdrawal. Trial is divided into court investigation, court debate, court mediation or judgment. The court investigation is mainly to find out the facts of the case under the guidance of the judge, and the parties should fully prove and cross-examine at this stage. After the court investigation, the judge summarized the focus of the case according to the case, and the trial turned to the debate stage. In the debate stage, the parties can elaborate their views around the focus of the case and fully exercise their right to defense. After the court debate, the parties may voluntarily reach a mediation agreement under the auspices of the judge. If a mediation agreement cannot be reached, the judge will generally pronounce the sentence in court. If the case is too complicated to be pronounced in court, the verdict will be announced regularly.

Step 4 call for

If a party refuses to accept the judgment or ruling of the people's court of first instance, he may appeal to the people's court at the next higher level within the statutory time limit. The appeal period for a party who refuses to accept a civil or administrative judgment is fifteen days, and the ruling is ten days; The appeal period against the criminal judgment is ten days and the ruling is five days.

5. Apply for retrial and appeal

If the parties, their legal representatives or interested parties think that there are errors in the legally effective civil or administrative judgments, rulings or conciliation statements of the people's courts, they may apply for a retrial. An application for retrial shall be filed within two years after the judgment or ruling becomes legally effective. If the parties concerned, their legal representatives or close relatives believe that there is indeed an error in the legally effective criminal judgment or ruling, they may appeal to the people's court. The appeal period is from the effective date of the judgment to two years after the end of the defendant's penalty. An application for retrial or appeal shall be submitted to the people's court that has made an effective judgment. To apply for retrial or appeal, an application for retrial or appeal shall be submitted together with the original judgment document and new evidence. According to the law, the application for retrial or appeal does not affect the execution of the effective judgment or ruling.

6. Apply for execution

After the written judgment, ruling, conciliation statement and payment order become legally effective, if the debtor fails to perform his debts within the period specified in the above-mentioned documents, the creditor may apply to the people's court for compulsory execution. The time limit for applying for execution is one year if both parties or one party is a citizen, and six months if both parties are legal persons or other organizations. If one party fails to perform the award of the arbitration institution, the legally effective creditor's rights document of the impartial organ or the decision of the administrative organ on handling and punishment, the other party may apply to the people's court for compulsory execution.

To sum up, if you want to protect your creditor's rights, you must have enough evidence to sue. As for the transfer record, whether you transfer money from a bank or WeChat, as long as you can prove that the record belongs to a loan, you can protect your legitimate rights and interests. Therefore, the judgment of the case must also have a legal basis.