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Can WeChat chat be used as evidence of owing money?
The types of evidence in civil litigation also include audio-visual materials, videos and even chat records, so WeChat chat records belong to the category of civil litigation evidence. The court will try the case according to the specific circumstances and support the legitimate demands of creditors. IOUs are not the only evidence that can prove the relationship between loans and loans.
Wechat chat records belong to electronic data, and the judicial interpretation is further clarified. Electronic data refers to information formed or stored in electronic media through e-mail, electronic data exchange, online chat records, blogs, Weibo, short messages, electronic signatures, domain names, etc.
Therefore, from a legal point of view, WeChat chat records can be used as evidence of owing money.
However, WeChat chat records need to meet the following conditions to be valid evidence, that is, the evidential force of WeChat chat records.
1. It is necessary to clarify the true identities of both parties to WeChat chat.
To put it bluntly, it is necessary to make it clear that the person you are chatting with is the borrower and borrows money from you, not the third party.
At present, there are four main ways in judicial practice: recognition by the other party; Identification of WeChat avatar or WeChat photo album; Network real-name authentication materials or owner identity authentication; Tencent, a third-party organization, assisted in the investigation.
2. Wechat evidence should be complete, that is, there is a complete expression of borrowing money.
Wechat chat records should truly reflect the whole process of borrowing money, and should not be taken out of context, only using transfer records as evidence.
To sum up, WeChat chat records can be used as evidence in civil disputes over loans, but in judicial practice, if they have corresponding probative force, they need to have the conditions, that is, they must be able to clarify the true identities of both borrowers and borrowers, and also have a complete representation of the meaning of loans.
Legal basis:
Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases
second
When the lender brings a private lending lawsuit to the people's court, it shall provide debt vouchers such as IOUs, receipts and IOUs that can prove the existence of the legal relationship between lending and borrowing.
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