Joke Collection Website - Public benefit messages - What should I do if I lend money to others without an IOU?
What should I do if I lend money to others without an IOU?
1. Oral evidence: If others testify that the money was lent to another party, it can be used as oral evidence. However, oral evidence is not reliable because it is difficult to prove and its validity is insufficient.
2. SMS records, chat records, etc. If both parties have written evidence such as text messages and chat records during the process of borrowing money, it can be used as a basis to prove the fact of borrowing money. However, the authenticity of the evidence may be questioned, so it needs careful consideration;
3. Other evidence: If there is any other evidence that can prove the fact of the loan, it can be submitted. For example, transaction records, bank transfer records, etc.
If you lend money to others without an iou, you can collect relevant materials from the following aspects:
1. Collect written evidence: If both parties have written evidence such as text messages and chat records during the lending process, it can be used as a basis to prove the fact of lending. In addition, if someone else is present at the time of borrowing, you can ask him to issue a certificate to prove the fact of borrowing;
2. Collection of payment vouchers: If both parties make payment during the loan process, they can collect relevant payment vouchers, such as transfer records, receipts and invoices. To prove the fact of borrowing;
3. Collect other relevant evidence: If there is any other evidence that can prove the fact of the loan, it can also be collected. For example, SMS, e-mail and telephone records related to loans;
4. Ask the witness to testify: If anyone knows the fact of the loan, you can ask his testimony. For example, ask friends, family members and colleagues who eat together to testify to prove the fact of borrowing money.
To sum up, if you lend money to others without an iou, it is difficult to prove the fact of borrowing. Therefore, when borrowing money, we should try our best to ask the other party to sign the loan slip, so as to have more sufficient evidence to prove the fact of borrowing money when there is a dispute.
Legal basis:
Article 667 of the Civil Code of People's Republic of China (PRC)
A loan contract is a contract in which the borrower borrows money from the lender, repays the loan at maturity and pays interest.
Article 668
A loan contract shall be in written form, unless otherwise agreed between natural persons. The contents of a loan contract generally include terms such as loan type, currency, purpose, amount, interest rate, term and repayment method.
Article 669
When concluding a loan contract, the borrower shall provide true information about the business activities and financial situation related to the loan according to the requirements of the lender.
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