NEWS INFORMATION
In private lending disputes, various materials can be used as evidence to support claims or defenses. These may include: 1. **Loan Agreements**: Written contracts outlining the terms of the loan, including amounts, interest rates, repayment schedules, and any collateral involved. 2. **Payment Records**: Documentation of payments made, including bank statements, receipts, or transaction records that show the flow of funds. 3. **Correspondence**: Emails, letters, or text messages between the lender and borrower that discuss the loan terms, payment reminders, or any agreements made. 4. **Promissory Notes**: Documents where the borrower formally acknowledges the debt and agrees to repay it under specified terms. 5. **Witness Statements**: Testimonies from individuals who were present during discussions or transactions related to the loan. 6. **Financial Statements**: Documents that provide insight into the borrower's financial status, which may be relevant to the ability to repay the loan. 7. **Legal Notices**: Any formal notices sent regarding defaults, demands for payment, or other legal communications. 8. **Credit Reports**: Information about the borrower's credit history that may impact the dispute. 9. **Collateral Documentation**: Evidence of any assets pledged as security for the loan, including appraisals or ownership documents. 10. **Court Filings**: Any legal documents filed in relation to the dispute, including complaints, motions, or judgments.
Affiliated Classification: Legal Information
Affiliated Classification: Law Firm Announcement
2018-03-22
Private lending often occurs among acquaintances and friends. Everyone's legal awareness is weak and the transaction legal procedures are imperfect, which is easy to produce disputes. When a dispute arises, the key is to retain the evidence. What materials can be retained as evidence? Let's look at the details below! The legal consciousness of private lending subjects is weak, the transaction legal procedures are incomplete, and the lending behavior is secretive, which is easy to cause legal disputes. Xiaobian reminds that both lenders and borrowers must keep good evidence.
1. What is the importance of keeping good evidence?
According to Article 16 of the provisions on private lending: the plaintiff brings a private lending lawsuit only based on the promissory note, receipt, IOU and other creditor's rights documents. The defendant defends that the loan has been repaid, and the defendant shall provide evidence to prove his claim.
After the defendant provides corresponding evidence to prove its claim, the plaintiff shall still bear the burden of proof for the establishment of the loan relationship. If the defendant defends that the loan has not actually occurred and can make a reasonable explanation, the people's court shall comprehensively judge and verify whether the loan has occurred in combination with the loan amount, payment, the economic capacity of the parties, the local or inter party transaction mode, transaction habits, changes in the parties' property, witness testimony and other facts and factors.
In reality, the plaintiff often brings a lawsuit only based on the creditor's right certificate such as the receipt of loan or the transfer certificate of financial institution as the evidence to prove that the loan relationship has occurred. If the defendant defends that the loan has been repaid, or the defendant defends that the transfer is to repay the previous loan or other debts of both parties, in this case, there is a problem of bearing the burden of proof, not just based on the receipt of loan Receipts, IOUs, etc., simply identify the occurrence of the loan relationship and the content of the loan relationship that has occurred.
2. What materials can be used as evidence?
1. Traditional evidence
(1) Debit note
(2) Loan contract, etc.
2. Electronic data evidence
(1) Loan record: used to prove that the creditor has actually transferred a certain amount of loan to the debtor through the designated account. In addition, the loan certificate sealed by the third-party payment company can also be used to prove that the creditor has delivered the loan to the debtor through the third-party payment company.
(2) SMS and telephone collection records: it can prove that the creditor has repeatedly urged the debtor to repay in various ways and extended the limitation of action.
(3) Payment service agreement and power of attorney: it can prove that the creditor has made relevant payment through the third-party payment platform.
(4) Notice of assignment of creditor's rights: it can be used to prove that the creditor has obtained the creditor's rights through assignment, and sent the notice of assignment of creditor's rights to the debtor in accordance with the law.
(5) Background records of the intermediary: to prove the repayment of the debtor and the amount of outstanding principal.
(6) Other contracts or records: to prove other relevant matters.
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