Can online chat records be prosecuted?

You can sue, and the judgment depends on the specific situation.

1. According to the law, the borrower must sign a legally binding loan contract, so that if the borrower fails to repay the loan on time, he can sue. But now online wallet payment is convenient. Many people use Alipay and WeChat to transfer money. When you borrow money, you only transfer money online, and you won't sign a paper contract or agreement. In case the borrower fails to pay back the money or encounters fraud, both parties only have transfer records. In this case, can the other party sue if it doesn't pay back the money?

2. This situation can also be prosecuted: however, it is difficult for you to win the case only once, and you need other certificates to provide evidence to determine the case. Whether the transfer record can be used as evidence depends on the specific situation, and the evidence in different situations is different.

1) You can see the loan relationship between the two parties and have 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) In the absence of favorable information, it is impossible to determine the loan facts.

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.

3. In order to win the case with greater confidence, evidence can be collected from the following aspects:

1) mobile phone SMS online chat records 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.

2) You can go to the bank to get relevant withdrawal or transfer documents.

3) Audio recorded during the conversation between the two parties, such as borrowing money or confirming borrowing money on the phone.

4) Confirm whether there is a third person present, that is, when borrowing money, the third person can prove the loan relationship between the two parties. (Witness's testimony)

4. According to the General Principles of Civil Law of China:

Legal lending relationships are protected by law. When a citizen's creditor's rights are infringed, he can bring a lawsuit to the people's court according to the relevant provisions of China's civil procedure law. When examining and prosecuting a loan case, the people's court shall require the plaintiff to provide a written iou; If there is no written receipt, the necessary factual basis shall be provided. If the debtor's whereabouts are unknown when the creditor files a lawsuit, it shall be under the jurisdiction of the court where the debtor's original domicile or property is located. The court shall require the creditor to provide evidence to prove the existence of the loan-loan relationship, announce and summon the debtor to respond to the lawsuit after acceptance. If the debtor still fails to respond to the lawsuit at the expiration of the announcement period and the loan-loan relationship is clear, the judgment may be made by default after trial; If the loan-loan relationship cannot be ascertained, the lawsuit shall be suspended. During the trial, if the debtor runs away, his whereabouts are unknown, and the loan relationship is clear, he can make a judgment by default. If the facts are difficult to find out, the lawsuit shall be suspended.

Nowadays, many people will not ask the other party to write an IOU when establishing a creditor-debtor relationship with the other party, but will transfer money directly. Many people will doubt whether the loan amount without IOUs can be repaid. According to the Civil Procedure Law, as long as other relevant materials can be provided, debt disputes with transfer records can also be prosecuted at this time.