Ten years ago, I returned the money to the other party without getting back the IOU. Now the other party is suing me with the IOU. What should I do?
[Lawyer's reply] This situation is really troublesome, but don't worry too much. Based on my experience in handling cases, I suggest you take the following steps: first, try to recall the specific situation of repayment at that time. Such as repayment time, place, amount, whether there is a witness, etc. If you can find the transfer records, receipts, SMS or social software chat records and other evidence at that time, it will be very beneficial to you. Secondly, according to Article 16 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases, the court will comprehensively review whether the lending facts actually occurred. Even if the other party holds the IOU, you can also claim the defense that the debt has been paid off. It is recommended that you immediately: 1. Sort out all evidences that can prove repayment 2. Contact the witness at that time (if any) 3. If there is no written evidence to prepare the response materials, do not panic. In the trial, the repayment process can be stated in detail, and the judge will determine the facts according to the statements and evidence provided by both parties. Sometimes, if the statement of the other party is contradictory, it may also become a breakthrough. It should be reminded that the key to such cases is to provide evidence. It is recommended that you collect relevant evidence as soon as possible, and consult professional lawyers to formulate response strategies when necessary.
