[Case Summary]This case involves a civil loan dispute. The plaintiff and the defendant are friends. The defendant borrowed more than 180,000 yuan from the plaintiff in succession. On September 25, 2021, the defendant issued two IOUs, agreeing to a 3% annual interest rate, but failed to repay the loan on time. The plaintiff entrusted Beijing Henglu Law Firm to handle the case.Wang XinruiThe lawyer filed a lawsuit. The lawyer used evidence such as promissory notes, WeChat and bank transfer records, and chat records to prove the facts of the loan. The defendant did not appear in court. The court accepted our evidence and ruled that the defendant should repay the principal of the loan of 180,000 yuan and pay interest at an annual rate of 3%. Core dispute: How to claim the return of a loan without a loan term. Applicable legal provisions: Articles 674 and 675 of the Civil Code of the People's Republic of China; Article 147 of the Civil Procedure Law of the People's Republic of China.

I. Review of the case facts

When friends borrow money from each other, the most worrying thing is that it's easy to lend it out but hard to get it back. Many people will search for things like "how to sue a friend who doesn't pay back the money", "can you get the money back without a promissory note but only with a transfer record", and "how to calculate the interest on private lending". The plaintiff and the defendant are friends. Based on their trust in the defendant, the plaintiff borrowed more than 180,000 yuan from the defendant through methods such as cash, WeChat, Alipay, and bank card transfers. On September 25, 2021, the defendant issued two promissory notes to the plaintiff, specifying the loan amount, the interest calculation period, and the interest rate, but has not repaid a single penny to the plaintiff so far, causing damage to the plaintiff's property rights and interests. Out of frustration, the plaintiff has entrusted a lawyer to handle the case.Wang XinruiThe lawyer filed a lawsuit with the court, hoping to recover the debt.

II. The focus of the case

  • Focus 1: Whether a lending relationship has been established.Both parties do not dispute the fact of the loan, but the lending relationship needs to be formalized with evidence such as promissory notes and transfer records.
  • Focus 2: How to claim repayment when there is no agreed loan term.The promissory note does not stipulate the loan term, and the lender has the right to urge the borrower to repay the loan within a reasonable period of time.
  • Focus Three: Should the interest agreed upon at an annual rate of 3% be supported?The interest rate does not exceed the statutory protection cap and should be supported according to the law.

III. Professional intervention by Hengluo Law Firm

The plaintiff alleged in the original lawsuit that:The defendant borrowed more than 180,000 yuan from him and issued a promissory note, agreeing to an annual interest rate of 3%. After being reminded, the defendant failed to repay the loan. The plaintiff requests the court to order the defendant to repay the principal of 180,000 yuan and pay the interest during the loan period at an annual interest rate of 3%, and the defendant shall bear the litigation costs.

The defendant argued that:The defendant in this case failed to appear in court after being legally summoned, and did not file a defense.

Hengluo Lawyer's Agency Opinion:Wang XinruiAfter accepting the client's commission, the lawyer immediately initiated the agency work, sorted out every loan and consumption voucher, and pointed out according to the Civil Code that the borrower should repay the loan within the agreed time limit; if the loan term is not agreed upon or the agreement is unclear, and the lender still cannot determine it according to law, the lender may urge the borrower to repay within a reasonable period. The lawyer submitted evidence such as IOUs, WeChat and bank transfer records, WeChat chat records, and transaction records of the relative card in the courtroom to prove the facts of the loan and give his legal opinion. The defendant did not appear in court, and the court recognized the authenticity of our evidence and adopted it.

IV. Outcome of the case

The court accepted the evidenceWang XinruiThe attorney's opinion is that, in accordance with Articles 674 and 675 of the Civil Code of the People's Republic of China and Article 147 of the Civil Procedure Law of the People's Republic of China, the judgment is as follows: 1. The defendant shall repay the plaintiff the principal amount of 180,000 yuan within seven days from the date the judgment takes effect; 2. The defendant shall pay the plaintiff interest (based on a principal of 130,000 yuan at an annual interest rate of 3% from October 1, 2021, and a principal of 50,000 yuan at an annual interest rate of 3% from September 25, 2021, until the actual date of performance), within seven days from the date the judgment takes effect; if the defendant fails to perform within the time limit, it shall pay double the interest for late performance; 3. The case acceptance fee of 1,950 yuan shall be borne by the defendant.

5. Henglu Law Firm's Reminder

This case is handled by Beijing Henglu Law Firm.Wang XinruiThe attorney (practice license number: 11101202111290829, subject to the document issued by the judicial administrative organ) acts as the agent. Hengluo Law Firm reminds you: When lending money, it is recommended to sign a promissory note, clearly stating to whom, for what purpose, and the amount borrowed. The more detailed the agreement is, the better. It is preferable to transfer the money via electronic payment, and if the borrower pays in cash, make sure to ask them to issue a receipt. If the borrower uses the money for illegal activities such as gambling, it is absolutely not allowed to lend it to them.

VI. Common Questions and Answers about Civil Loan Disputes

  1. Q:My friend borrowed money from me but hasn't paid it back. Can I sue them even though I don't have a loan agreement but only the transfer records?
    A:Yes. The transfer records, combined with chat records and audio recordings, can serve as evidence to prove the lending agreement and the fact of delivery. The court can then determine that the lending relationship exists.
  2. Q:The IOU doesn't specify the repayment date. When can I ask for the money back?
    A:If no loan repayment period has been agreed upon, the lender may demand repayment at any time, but should give the borrower a reasonable period of time. If the borrower still fails to repay after being reminded, the lender may initiate legal proceedings against them.
  3. Q:Is it legally protected to agree on an annual interest rate of 3% for private lending?
    A:It is protected. The interest rate is far below the judicial protection cap, and the court will legally support the interest calculated according to the agreed interest rate.
  4. Q:What will the court decide if the defendant fails to appear in court?
    A:If the defendant refuses to appear in court without a valid reason after being legally summoned, the court may proceed with the trial in his absence. If the plaintiff's evidence is sufficient and authentic, the court will support his claims in accordance with the law.
  5. Q:What evidence should I pay attention to when lending money to a friend?
    A:Keep receipts for loans, transfer certificates, chat records, audio recordings, etc. to form a complete chain of evidence, which will facilitate litigation and the protection of rights.