Joke Collection Website - Public benefit messages - If you owe money, you still find him blacklisted. What should I do? Is it useful to sue?
If you owe money, you still find him blacklisted. What should I do? Is it useful to sue?
Legal analysis
Take IOUs as an example. As long as IOUs have legal effect and no statute of limitations, IOUs can be prosecuted. Moreover, the probability of successful litigation is relatively high, and a lawsuit can be filed without a white note. However, in order to realize the litigation purpose of claiming creditor's rights, the creditor should collect enough evidence to prove that it enjoys legal creditor's rights to the debtor when the debtor did not issue an IOU or IOU to the creditor at the beginning. Apply to the people's court with jurisdiction to issue a payment order or bring a lawsuit directly. Although the debtor has not issued an IOU or IOU to the creditor, the record of the debt including the amount, currency, loan period and repayment period is also one of the legal and effective evidences to prove the creditor's rights. Screenshots in chat records and records acknowledging the difference in money can be used as evidence. It is best to collect some other evidence, such as telephone recordings, mobile phone text messages, witness testimony and other evidence related to the loan relationship.
legal ground
According to Article 64 of the Civil Procedure Law of People's Republic of China (PRC), the parties have the responsibility to provide evidence for their claims. The people's court shall investigate and collect evidence that the parties and their agents ad litem cannot collect on their own due to objective reasons, or evidence that the people's court considers necessary for hearing a case. The people's court shall comprehensively and objectively examine and verify the evidence in accordance with legal procedures.
Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases Article 2 When a lender brings a private lending lawsuit to 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 legal relationship between lending and borrowing. If the creditor's rights certificate such as IOUs, receipts and IOUs held by the parties does not specify the creditor, and the party holding the creditor's rights certificate brings a private lending lawsuit, the people's court shall accept it. The defendant raised a factual defense against the plaintiff's creditor qualification, and the people's court ruled that the plaintiff did not have the creditor qualification after examination and dismissed the prosecution.
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