Is it legally effective to promise to pay back the money by SMS?

Yes In the Supreme People's Court's judicial interpretation of the application of the Civil Procedure Law of People's Republic of China (PRC), the "filing and registration system" is written into civil litigation, and it is clear that SMS, e-mail, online chat records and Weibo can be used as evidence of civil cases.

First, does the SMS promise have legal effect?

Yes In the Supreme People's Court's judicial interpretation of the application of the Civil Procedure Law of People's Republic of China (PRC), the "filing and registration system" is written into civil litigation, and it is clear that SMS, e-mail, online chat records and Weibo can be used as evidence of civil cases.

The mobile phone short message shall be presented in court, and relevant information such as the content of the short message, sender (receiver), sender (receiver) time, storage place and so on shall be extracted in written form as part of the trial record. The evidential party may also voluntarily apply for short message notarization and present notarized documents as evidence.

(It is suggested that the evidence of SMS preservation be notarized, and the notary will take photos or videos of the content of SMS and the equipment for storing SMS, so that the court can objectively adopt the facts. )

Those who meet the requirements of "three characteristics" of evidence after examination and verification by the court can be used as the basis for finalizing the case. However, due to the characteristics of deletion and modification of mobile phone short messages, it is generally not suitable to be used as the basis for determining the facts of a case alone, but should be supplemented by other evidence.

(1) Review the sender and recipient (name and mobile phone number) and the sending and receiving time; The relationship between the sender, the recipient and the parties to the case;

(2) Check whether the location of the short message has changed and whether the sent (received) information is still in the send (received) box;

(3) Check whether the content of the short message is complete, whether it contradicts other evidence, and whether it is related to the facts to be proved;

(4) If necessary, you can apply to the telecom operator for certification or investigation.

Second, what are the requirements of litigation evidence?

1. The subject of the evidence is legal. The subject of evidence refers to the individual or unit that constitutes the content of evidence. The subject of evidence is legal, which means that the subject of evidence must meet the requirements of the law.

2. The form of evidence is legal. The legitimacy of the form of evidence means that as evidence, not only the content is true, but also the form meets the requirements of the law.

3. The method of obtaining evidence is legal. Whether the evidence materials collected by the parties can be used as evidence for the court to determine the facts of the case depends on whether the acquisition method of the evidence materials conforms to the legal provisions.

4. The evidence procedure is legal. Evidence materials will eventually go through certain litigation procedures. Without the procedures prescribed by law, the evidence still cannot be used as the basis for finalizing the case.