WeChat borrowing must have continuous chat records as evidence, "Tuesday's Tuesday" answers the problem of civil lending problems

What should I do if I meet someone who is not paying money? Don't panic! From 9:30 to 10:30 on July 12, Yuan Yongjun, the president of the two courts of the Caidian District Court of Wuhan City, was a live broadcast room of the Yangtze River Daily "Tuesday" to answer the problem of civil lending.

Question: What evidence should be prepared for the borrower?

Answer: The lender sued the court to provide creditor's rights vouchers, such as debit, receipt, arrears, etc. The key also required evidence that confirmed the establishment of the loan contract, such as bank transfer vouchers, WeChat transfer vouchers, Alipay transfer vouchers, and payment of payment vouchers. In addition, the telephone recording, WeChat chat records, and SMS records of the two parties can be submitted as auxiliary evidence.

Question: It is very common to provide loans with WeChat. How to prove evidence?

Answer: WeChat chat records can be submitted to the court as evidence, but pay attention to the preservation of the records in the original carrier. You cannot only provide the printing version, text version, etc. for interception. The chat history needs to be complete and continuous. The court needs to review the content of the original carrier, that is, the parties need to carry a mobile phone with the original chat history. At the same time, the judge will review the subject of the chat history. For the parties, etc.

Question: What elements need to be read for borrowing vouchers?

Answer: The main contents of the borrower, lenders, borrowing time, borrowing method, loan method, borrowing use, loan amount, interest, repayment time and other main contents. In order to prevent the borrower from evading debts, the court's delivery is difficult and the time to defend rights, it is recommended to remember the identity information, contact telephone number and delivery address of the parties in the loan credentials.

Question: Only the debit, can folk borrowing without bank flow be supported by the court?

Answer: Article 679 of the "People's Republic of China" stipulates that "borrowing between natural people, when natural persons provide borrowing."

The debit generally states that the borrower's meaning of the borrowing of the borrower has only been debit, and there is no evidence to prove that the borrower actually provides a loan, that is, the borrowing contract cannot be confirmed, and the court does not support the unprecedented contract.

Question: What should I do if the amount of the loan is inconsistent with the actual borrowing funds?

Answer: Evidences such as the debit, arrears and other evidence provided by the lender can only prove the intention of the two parties to have the intention of borrowing. It still needs to provide evidence to prove that the borrowing is actually delivered. Let's determine the borrowing principal.

Question: Others or companies sign or stamp with creditor's rights such as receivables, receipts, and arrears, but they have not expressed their willingness to bear guarantee responsibility or as a guarantor?

Answer: Article 20 of the "Supreme People's Court on the Application of Laws on the Application of Laws of a Civil Loan Case" stipulates that "others signed or stamped on the creditor's rights vouchers such as lending, receipts, arrears, etc., but did not indicate their guarantor identity identity Or bear the guarantee of responsibility, or if it cannot be pressed through other facts as a guarantor, if the lender requests it to bear the guarantee responsibility, the people's court will not support it. "

In other words, the signature and seal did not indicate the identity of the guarantor, or it could not be determined by other facts that it was not responsible for the guarantor.

Question: The highest interest rate of borrowing between natural persons supported by law?

Answer: In 2020, the Supreme People's Court has revised the "Regulations on Several Issues of Application Laws for Civil Loan Cases" for the second time the Supreme People's Court. According to the new provisions, after the loan contract was established on August 2020, the interest rate cannot exceed one when the contract was established. Four times the annual loan market quotation interest rate (LPR).

Before the loan contract was established before August 20, 2020, the court supported the interest rate on the date of establishment of the contract to August 19, 2020 according to the standard of judicial interpretation at the time. Four times the one -year loan market quotation interest rate (LPR).

(Changjiang Daily reporter Chen Yong correspondent Li Jinxing Liu Hui)

【Edit: Zheng Xiaoxiao】

- END -