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What to do if you owe money, not yet, but only transfer records

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Source: Legal Chart Compilation · 2024.03.02 · 26140 people have seen it
Introduction: If the debtor owes money but does not have an IOU but has a transfer record, other evidence can be collected to sue the court. The transfer record can only prove that the party transferred the money to the debtor, not that the debtor did not pay back the money. Therefore, effective materials such as chat records, recording evidence, witness testimony, etc. should be kept.
What to do if you owe money, not yet, but only transfer records

I Non payment of money owed No, IOU What if there are only transfer records?

No money owed, no IOU, only transfer records can be sued to the court. In addition to transfer records, chat records should also be collected witness Testimony, etc evidence 。

The People's Republic of China civil procedure law 》Article 63

（1） Statement of the parties;

（2） Documentary evidence;

（3） Physical evidence;

（4） Audio-visual materials;

（5） Electronic data;

（6） Witness testimony;

（7） Appraisal opinions;

（8） Record of inspection.

Evidence must be verified before it can be used as the basis for ascertaining facts.

2、 What conditions should be met for judicial detention of the old Lai who still owes money ?

1. It is necessary to refuse to perform obligations. This is the precondition for the executor to make a detention ruling. If the detainee does not refuse to perform his obligations, he cannot be detained, which is clearly stipulated in the Civil Procedure Law.

2. It shall be approved by the president. As a compulsory measure to restrict personal freedom, judicial detention is a major matter in the execution work, which should be discussed by more than three executors and reported to the President of the Court for approval.

3. Non local detention shall meet the requirements. According to the provisions of the Supreme People's Court, for detainees who are not in their own jurisdiction, the people's court that made the decision on detention shall send someone to the court where the detainee resides to ask the court to assist in the execution.

4. Inform the detainee of his legal rights.

3、 What are the legal consequences of Lao Lai's refusal to implement the court's judgment?

Article 102 of the Civil Procedure Law of the People's Republic of China stipulates that: litigation If a participant or any other person commits any of the following acts, the people's court may, according to the seriousness of the case, impose a fine or detain him; If a crime is constituted, criminal responsibility shall be investigated according to law:

（1） Forging or destroying important evidence to impede the trial of a case by a people's court;

（2） Preventing witnesses from giving testimony by means of violence, threat or bribery, or instigating, bribing or coercing others to commit perjury;

（3） Hiding, transferring, selling or destroying the property that has been sealed up or distrained, or the property that has been counted and ordered to be kept, or transferring the frozen property;

（4） Insult, slander, frame up or beat judicial staff, litigation participants, witnesses, interpreters, expert witnesses, inspectors or persons assisting in execution

（5） Obstructing judicial personnel from performing their duties by violence, threat or other means;

（6） Refusing to perform a legally effective judgment or order of a people's court.

If creditor I really don't know anything else Debt collection skills You should always know that if someone else infringes on your property rights, you should sue the people's court to safeguard your rights. For those who have nothing legal knowledge For creditors who do not know how to preserve and collect evidence, they can Find a lawyer handle.

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