What if you owe money and don't mortgage things, and the other party agrees not to leave evidence?

In view of this lack of evidence, we can negotiate with the borrower to confirm the existence of the creditor-debtor relationship by recording or other recording methods, or urge the other party to sign in writing for confirmation. In addition, it should be noted that this kind of creditor's rights must pay attention to the statute of limitations. If the limitation of action exceeds three years, the creditor loses the right to win the case if the other party pleads once.

Other materials that can reflect the loan situation. According to the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases, when a lender files a private lawsuit, it needs to bear the burden of proof for the establishment of the lending relationship. For those who don't pay their debts, they can bring a lawsuit to the court, but in order to get the support of the court's judgment, besides the borrower's admission, they must also provide sufficient evidence, otherwise they will face the risk of losing the case, which will be unfavorable to themselves. The IOU is just a kind of evidence. Even if there is no debt, if there is other evidence to prove your claim, you can recover the debt.

In the absence of IOUs, you can support your claim by providing evidence such as witness testimony, recording, short messages, chat records, payment vouchers, etc. In view of this lack of evidence, we can negotiate with the borrower to confirm the existence of the creditor-debtor relationship by recording or other recording methods, or urge the other party to sign in writing for confirmation. In addition, it should be noted that this kind of creditor's rights must pay attention to the statute of limitations. If the limitation of action exceeds three years, the creditor loses the right to win the case if the other party pleads once.

Second, the law stipulates that

Article 2 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases stipulates that when a lender files a lawsuit in a people's court, it shall provide creditor's rights certificates such as IOUs, receipts and IOUs, as well as 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. If the people's court considers that the plaintiff is not qualified as a creditor after trial, it shall rule to dismiss the prosecution.

Article 9 stipulates that under any of the following circumstances, it can be considered as having the valid elements of a loan contract between natural persons as stipulated in Article 210 of the Contract Law:

(1) Pay in cash from the date when the borrower receives the loan;

(2) If the payment is made by bank transfer, online electronic remittance or online loan platform, it shall start from the date when the funds reach the borrower's account;

(3) If the bill is delivered, it shall be from the date when the borrower obtains the bill right according to law;

(4) When the lender authorizes the borrower to control a specific fund account, the borrower obtains actual control over the account;

(5) The lender provides the loan in other ways agreed with the borrower and actually performs it.

When establishing a loan relationship, both the borrower and the lender need to issue IOUs in accordance with the procedures prescribed by law, and keep relevant evidence. In case of repayment conflicts and disputes in the later period, it is necessary to produce relevant evidence to sue the judicial organs. In specific cases, the court will make a judgment according to law.