Can WeChat transfer borrowed money? (Lawyer mailbox)
Hello! Last year, my friend bought a house, I sent WeChat and said that the capital is not open, I have to borrow 380,000 yuan with me. Because the relationship is good, I use WeChat three times directly to give her, no note is "loan", and there is no write loan. I was said that I gave me in March this year, and the result was no news. I asked questions about time on WeChat, she only replied as soon as possible, I have not repayed it now. Excuse me, can I return to the money on WeChat?
Hangzhou Reader & NBSP; & NBSP; Ms. Xin
Hello! In real life, it is common from the WeChat transfer from WeChat transfer to others. To better maintain your legitimate rights and interests, it is recommended that you collect and reinforce evidence under professionals and promptly go to the people's court to file a lawsuit. We need to analyze according to specific situations.
Whether WeChat transfer can constitute a loan
Article 469 of the Civil Code stipulates: "The parties can use the contract, which can be used in writing, verbal form or other form. Written form is the contract, letters, telegraph, electrical, fax, etc. can be tangible. The content of the content. With electronic data exchange, email, etc. can be tangible, and can be tuned at any time, which is considered in a written form. "Article 667 stipulates:" Borrowing Contract It is the contract that the borrower loans to the lender, the expiration of the borrowing and pays interest. "
The borrowing between the natural people belongs to the private lending case, whether the two parties established a lending legal relationship is one of the core issues. Contemporary people communicate through WeChat and transfer have belong to a very ordinary communication method, but the Evidence chain of WeChat communication and communication is particularly important. WeChat transfer is not necessarily equal to borrowing, whether there is borrowing relationship between the two sides to see the true meaning of both parties. If you can see the borrowing and borrowing payment before and after WeChat transfer, or both parties have confirmed the legal facts through other communication methods, generally identified as borrowing.
As you mentioned, your WeChat transfer The other party clearly defines the borrowing to you, you will also supervise the timely repayment according to the agreement, and basically form a relatively complete evidence chain, the borrowing relationship is established.
Who will bear the responsibility of private lending cases?
Article 17 stipulates that Article 17 of the Supreme People's Court's Regulations on Several Issues Concerning the Applicable Law of Private Borrowing Cases: "The plaintiff filed only private lending lawsuits according to financial institutions, and the defendant defense translation was repaid before borrowing or other debts. It should provide evidence proven to the claim. The defendant provides corresponding evidence to prove its claim, the plaintiff should still bear the burden of the borrowing relationship. "
Briefly, if both parties have only transferred records without lending, the plaintiff should provide basic evidence on the transfer of the transfer, otherwise it will undertake the legal consequences of the proof. If you simply turn a payment through WeChat, you don't have to get a legal fact that is borrowed from the other party.
As you mentioned, you need to provide two aspects of basic evidence when you file a litigation to the people's court: First, you need to prove that the owner and user of the receiving square micro signal are the borrower. It can be proved by WeChat real-name registration information, or through both parties usually chat records, such as voice, pictures, etc., to prove the other person's identity information, these evidence should be taken to keep intact, if necessary, the notarization evidence is required. Second, it is necessary to prove the purpose of the transfer is the loan. Because people have a normal thing between people, especially those who are familiar with, they are very normal, and this needs to clearly see that both parties have formed borrowings in the chat record, and can record according to relevant WeChat chat. The form of evidence chain is formed to form a evidence chain with the bank card of the WeChat platform.
Why should we pass the people's court to maintain legal rights
In private lending cases, the borrower maliciously arrears money or the rejection of rejection is very common. As a lending person, it should be in time to sue the people's court to maintain legitimate rights and interests, and the advantages have mainly 3 points:
1. Avoid expiration of the prosecution due to expiration of the litigation. According to the provisions of Article 188 of the Civil Code, the prosecution of private lending contracts is three years. The calculation point is: (1) There is an agreement to perform the deadline, starting from the date of the deadline; (2) There is no agreed to perform the performance period. From the time of claim, it is necessary to give the other party's necessary preparation time, start calculation from the date of the preparation time period.
2. Force relative aspects through litigation to resolve. Many borrowers in life actually have a repayment capability, but because there is a lucky psychology and avoiding evasion, the litigation of the people's court can force the borrower to face the debt that you should pay, in order to avoid the expansion of the loss or honor, there are many borrows in judicial practice. People tell, the borrower will soon pay the debt situation.
3. Take timely adoption measures to ensure legal rights can be achieved. After the judicial practice, there is no launch of the applying for property preservation, forcing the borrower to raise funds to pay attention to the debt.
Friends and friends, borrowing funds are more common phenomena in life. With the gradual popularity of electronicization, through bank transfer, WeChat transfer, etc., becomes mainstream, if you are embarrassed to make the other party, you must promptly in the bank Transfer Remarks Column indicates "XX loan", or records the smart mark through WeChat chat, avoiding the restriction of rights, legitimate rights and interests suffer unnecessary losses.
(Beijing Lei Jie Showa Law Firm, senior partner, lawyer Yin Hongzhi)