Joke Collection Website - Public benefit messages - I want to sue love rat for owing money. No one can be found yet, but there is no identity information of the other party. I only have chat records and transfer records?
I want to sue love rat for owing money. No one can be found yet, but there is no identity information of the other party. I only have chat records and transfer records?
Wechat chat records belong to electronic data, and China's Civil Procedure Law clearly stipulates that electronic data is a legal type of evidence. Judicial interpretation further clarifies that electronic data refers to information formed or stored in electronic media by means of e-mail, electronic data exchange, online chat records, blogs, Weibo, short messages, electronic signatures and domain names.
Therefore, from a legal point of view, WeChat chat records can be used as evidence of owing money.
Second, we need to know: What conditions do WeChat chat records need to meet in order to be effective 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.
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