If the debt is not yet outstanding, the creditor may collect other evidence that can prove the fact of the debt and sue to recover the debt.
According to Article 2 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases, when a lender brings a lawsuit to the people's court, it shall provide evidence of creditor's rights such as receipt of loan, receipt, IOU, and other evidence that can prove the existence of the legal relationship between lending and borrowing.
[Legal Basis]
Article 2 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases, when the lender files a private lending lawsuit with the people's court;
Creditor's right certificates such as IOUs, receipts, IOUs, and other evidences that can prove the existence of the legal relationship between lending and borrowing shall be provided.
The people's court shall accept a civil loan lawsuit filed by the party holding the creditor's right certificate if the creditor's right certificate, such as the receipt, receipt and IOU, does not specify the creditor.
If the defendant raises a factual defense against the plaintiff's creditor qualification, and the people's court considers that the plaintiff does not have the creditor qualification after examination, it shall rule to dismiss the lawsuit.
