Joke Collection Website - Blessing messages - Someone borrowed 50 thousand from me, and there was no debit note. I only have his short messages, chats and telephone recordings. Excuse me, what should I do?
Someone borrowed 50 thousand from me, and there was no debit note. I only have his short messages, chats and telephone recordings. Excuse me, what should I do?
I legal and factual issues
1, you claim that the other party wants you to borrow 50,000 yuan, and you have to prove the fact that the other party owes money;
2. IOUs are not the only evidence to prove that both parties have borrowed money. The text messages and telephone recordings you mentioned can be used as evidence. Short message is weak, but recording is better.
3. If you only have these evidences, the possibility of winning the case is also there, but there are certain risks, especially if it is cash delivery;
4. In addition to audio recordings and short message records, you should be able to collect other evidence, such as bank remittance vouchers. If you were there, if you were not a bank remittance, there would be other evidence to prove the source and destination of the money, which would also help win the support of the judge.
Second, judicial practice.
China's current laws have broad provisions on private lending, and the discretion scales in the practice of local courts are also inconsistent. Therefore, according to the different discretion habits of the relevant judges in your province and city, the results may be different. Courts in Beijing, Shanghai, Zhejiang, Nanjing and other places have their own unified standards of adjudication on this issue.
Three. Deal with suggestions
Because such cases seem simple, there are actually many professional operations and precautions, and the judgment standards of local courts are slightly different. I suggest that you bring all the materials to the local law firm or other legal service agencies for face-to-face detailed consultation, so that the relatively professional lawyers in this field can answer your next handling methods, notes for recording evidence and further evidence collection in detail.
If you have any questions, you can ask them. If you are satisfied, please adopt them. Thank you!
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