Joke Collection Website - Blessing messages - Hello, I want to ask if I can repay the loan. I have bank receipts and text messages. Can I sue him? Hello, I want to ask if I can repay the loan. I have a small bank.
Hello, I want to ask if I can repay the loan. I have bank receipts and text messages. Can I sue him? Hello, I want to ask if I can repay the loan. I have a small bank.
Only the bank's transfer records can have evidence to prosecute, and legal and reasonable demands will be supported by the court. If conditions permit, you can ask the other party to make up an IOU. If the other party refuses, you can also confirm the existence of the arrears to the other party by SMS or telephone, and then go to court for prosecution.
Article 2 of the Supreme People's Court's Provisions on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases stipulates that when a lender files a lawsuit in a people's court, it shall provide creditor's rights certificates such as IOUs, receipts, IOUs and other evidence that can prove the existence of the lending relationship.
Article 17 stipulates that the plaintiff only brings a private lending lawsuit based on the transfer certificate of the financial structure, and the defendant claims that the transfer is to repay the previous loans or other debts of both parties, and the defendant shall prove his claim with evidence. After the defendant provides the corresponding evidence, the plaintiff shall bear the burden of proof for the establishment of the loan relationship.
From the legal point of view, IOUs and receipts are the most direct proof of creditor's rights, and only these evidences can show the existence of loan relationship. Without these, there will be a lot of unnecessary trouble.
According to Article 63 of the Civil Procedure Law, WeChat transfer, QQ and SMS chat can all be used as evidence, and you can apply for notarization at the notary office as evidence.
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