If you lend a credit card to someone else without an IOU, the party concerned can recover the loan by providing other evidence that can prove the existence of a legal relationship between the loan and the loan, such as receipts, IOUs and other debt certificates, as well as transfer records, chat records, and witnesses. Testimony and other evidence. The parties may use negotiation, litigation, etc. to safeguard their claims.

Legal Basis

Article 2 of the "Regulations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases"

The lender files a private loan application with the People's Court During litigation, IOUs, receipts, IOUs and other evidence of creditor's rights and other evidence that can prove the existence of a legal relationship between loans and debits should be provided.

If the creditor's rights certificates such as IOUs, receipts, and IOUs held by the parties do not indicate the creditor, and the party holding the creditor's rights certificates files a private loan lawsuit, the People's Court shall accept it. The defendant raised a fact-based defense against the plaintiff's creditor qualifications. After review, the People's Court held that the plaintiff did not have creditor qualifications and ruled to dismiss the lawsuit.

Article 63 of the "Civil Procedure Law of the People's Republic of China"

Evidence includes:

(1) Statements of the parties;

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(2) Documentary evidence;

(3) Physical evidence;

(4) Audio-visual materials;

(5) Electronic data;

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(6) Witness testimonies;

(7) Expert opinions;

(8) Inspection records.

Evidence must be verified to be true before it can be used as a basis for determining facts.

Article 64

The parties concerned are responsible for providing evidence for their claims.