Joke Collection Website - Public benefit messages - Don't you still have transfer records and chat records? Can you sue him?
Don't you still have transfer records and chat records? Can you sue him?
Legal analysis
It can be identified as a loan relationship through creditor's rights and bank transfer records. Of course, it would be better if you could provide IOUs. Suggest prosecution. Bank transfer records can be used as evidence to prove the fact and amount of arrears. The effective elements of a loan contract between natural persons: the borrower pays the loan in cash, bank transfer, online electronic remittance or online loan platform when receiving the loan, the money is delivered by bill when it reaches the borrower's account, the lender authorizes the borrower when the borrower obtains the bill right according to law, and the borrower provides the loan in other ways agreed with the borrower when it obtains the actual control of the account and actually performs it. The defendant should provide evidence to prove his claim. After the defendant provides the corresponding evidence, the plaintiff should still bear the burden of proof for the establishment of the loan relationship. You can sue according to the transfer voucher. If you can't provide evidence to prove that the transfer record between the two parties is a previous debt dispute, then determine the legal relationship of lending.
legal ground
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.
- Previous article:Forms and methods of New Year greetings
- Next article:Good morning, crouching blessing.
- Related articles
- What number should I add before sending a text message to Russia?
- How to open Thunder members through SMS?
- How did the card become the original file when oppo SMS was sent?
- Does Glory 9x have earthquake warning function?
- Talk about the circle of friends on the first day of returning home during the holiday.
- Teacher's Day SMS Blessing
- Why do you receive thousands of melon data messages?
- 10086 service password reset
- The line cannot receive messages. If you want to open it, the message will come down.
- What is Internet SMS?