What can relatives do by borrowing money?
1. Finding a witness to prove the time and place of the debtor's borrowing money mainly depends on whether it can prove the true situation of the case;
2. Recording, SMS and chat records for evidence collection. The records shall include the identities of both parties, the time and amount of the loan, the agreed repayment period and the recording time. As long as it is not a recording that infringes on the privacy of others, the court will also recognize it;
3. The fact that you can borrow and repay by bank transfer with remittance voucher and bank running water is objective, that is, the legal relationship between the two parties' private lending is established.
According to relevant laws and regulations, for debt disputes without IOUs, creditors should take evidence collection or fixed work before taking the means of prosecution or arbitration to ensure that their claims can be confirmed by the court or arbitration commission in case of breach of contract.
If there is no way to get it back, you can also apply to the court for a payment order through public relief. If the other party does not raise a written objection to the court within 15 days, it may apply to the court for enforcement. According to the law of our country, after the court accepts enforcement, it will inquire about the property, vehicles, securities and deposits under the debtor's name according to law. If there is no property under his name to be executed and he refuses to perform the effective judgment of the court, he will be classified as the person who has lost his trust. If there is no IOU, try to obtain other evidence of the loan relationship between the two parties, and then go to court for prosecution. IOU is a very important creditor's right certificate, but IOU is not the only evidence to prove the loan relationship. In the absence of any IOUs, the court will generally not file a case. To write an indictment, there must be facts and reasons, and there must be evidence before the court files a case. In short, you don't have to have an iou to borrow money, but you have to have evidence to prove that you remitted the money to others. This part of the law needs to be proved. The following is evidence that can be collected by a party who can sue in addition to IOUs:
1. Evidence of borrowing money, providing evidence of lending money to the other party at that time, such as bank vouchers for transferring money to the other party; If the payment is made in cash, the cash receipt of the bank or the person who can prove it on site should be printed.
2. Claim the evidence of creditor's rights and collect the evidence of asking the borrower for money, which can be the repayment plan of the other party in written form, or it can be in the form of audio and video recording to prove that you have asked the other party for money many times.
3. The other party's property information. After the lender applied to the court for enforcement, the other party said that it was unable to pay back the money. Lenders can try to understand each other's property information, mainly houses, cars, companies, etc., to provide effective clues for the court. To sum up, if relatives borrow money and don't pay it back, there will be no IOUs. First of all, we should fix the creditor-debtor relationship between the two parties, and then handle the appeal according to legal procedures. Legal basis:
People's Republic of China (PRC) Civil Procedure Law
Article 119 A prosecution must meet the following conditions: (1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case; (2) Having a clear defendant; (3) Having specific requests, facts and reasons; (4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.
Article 123 The people's court shall guarantee the right of prosecution enjoyed by the parties according to law. A lawsuit that conforms to Article 119 of this Law must be accepted. Those who meet the conditions for prosecution shall file a case within seven days and notify the parties concerned; If it does not meet the conditions for prosecution, it shall make a ruling within seven days and refuse to accept it; If the plaintiff refuses to accept the ruling, he can appeal.