[Direct answer]In the Beijing area, the core of the defense is to clarify the authenticity of the loan relationship with evidence. When the court hears civil loan cases, it will strictly review the facts such as the reason, time, place of the loan, the source of the funds, the method of delivery, the flow of funds, and the relationship and economic status of the two parties, and comprehensively judge whether it belongs to a false lawsuit. Therefore, the lender should organize evidence from three aspects. First, the loan agreement. Notes of the loan, loan agreements, and communication records about the loan amount, term, and interest in WeChat or SMS can all prove that the two parties have reached a loan agreement. Second, the delivery of funds. Bank transfer certificates, Alipay and WeChat payment records, and withdrawal records and witnessing situations of cash delivery can prove that the funds have actually been delivered. Third, the source and use of funds. The transaction records of the lender's fund account and communication records about the purpose of the loan can be used to explain the reasonableness and authenticity of the fund transactions. According to the provisions of the Civil Procedure Law of the People's Republic of China (amended in 2023) on false litigation, if the parties collude maliciously and attempt to infringe upon the legitimate rights and interests of others through litigation, mediation, etc., the people's court shall reject their requests and impose fines or detention according to the seriousness of the circumstances; if it constitutes a crime, criminal responsibility shall be investigated according to law; according to Article 307 of the Criminal Law of the People's Republic of China, if a person fabricates facts to initiate a civil lawsuit, interferes with the judicial order, or seriously infringes upon the legitimate rights and interests of others, he/she shall be guilty of the crime of false litigation.Creditor's rights and debts, and enforcement casesYou can view similar questions in this column.

I. Problem Background and Typical Scenarios

When the parties encounter this situation, there are usually several corresponding circumstances: First, in civil lending litigation, the defendant claims that the two parties are relatives or related parties, and challenges the authenticity of the loan and the fact of delivery; Second, there are only transfer records, no promissory notes, or the content of the promissory notes is simple. The defendant defends on the grounds that the nature of the funds is investment, gift, or repayment; Third, the loan occurred a long time ago, and the evidence is not well preserved. The defendant also claims that the statute of limitations has passed; Fourth, there are multiple fund transactions and mutual offsets, and it is difficult to match the accounts; Fifth, the defendant claims that the plaintiff colluded with others and infringed the interests of third parties through litigation. When handling such cases in Beijing, the court usually focuses on reviewing whether the transfer amount and the amount of the promissory note are consistent, whether the funds ultimately flow back, and whether the economic capacity of both parties supports the loan. To enforce the creditor's rights, it is also necessary to consider the feasibility of subsequent enforcement. When it involves property investigation and control and the addition of liable parties, it can be referred to at the same timeBusiness and contract disputes in enterprisesColumn.

II. Key points of contention

Focus One: Whether the loan agreement is valid, and the allocation of the burden of proof regarding the nature of the loan when there are only transfer records. Focus Two: The authenticity of the payment, with stricter review standards for large-scale cash payments. Focus Three: Whether the source and flow of funds are reasonable, and whether there are abnormal signs such as fund recycling and circular transfers. Focus Four: The relationship and economic status of the parties involved, with more cautious reviews of loans between relatives or related parties. Focus Five: Whether the statute of limitations has expired, and whether collection records can interrupt the statute of limitations. Focus Six: Whether there are instances of false litigation, and the legal consequences of malicious collusion and fabrication of facts. Focus Seven: When the defendant alleges false litigation, how is the burden of proof allocated and addressed. Specific determinations shall be based on the currently effective laws, regulations, and judicial rulings.

III. Professional analysis by Henglue Law Firm

Taking the civil loan dispute represented by Attorney Tian Jiayan of our firm as an example, we can see the methods of constructing the evidence chain and selecting the litigation path. The plaintiff, Liu * and the defendant, Li *, were friends. Since the beginning of 2022, Li * borrowed money from Liu * multiple times on the grounds of opening a pet store and paying rent. Liu * lent the money through bank transfers, Alipay, and WeChat, with a total amount of 662,000 yuan. On November 3, 2024, the two parties signed a loan agreement, stipulating that Li * would repay all the money by January 1, 2025, and voluntarily bear the litigation fees, attorney's fees, transportation fees, and preservation guarantee fees if the repayment was overdue. On November 26, 2024, Li * explicitly stated that he would be unable to repay the loan on the due date, and the negotiations failed thereafter. After taking on the case, Attorney Tian Jiayan verified Liu *'s needs and pointed out that it was necessary to supplement the loan agreement corresponding to the WeChat transfer and complete the collection records. Subsequently, she comprehensively organized the bank, Alipay, and WeChat transfer records and the loan agreement, checking each item to confirm the legality and validity of the loan relationship. At the same time, in accordance with the provisions of the Civil Code on breach of contract liability, she clarified that Li * should bear the principal and overdue interest. After assessing that the enforcement period after the judgment would be long and the property clues difficult to find, mediation would be more conducive to quickly securing the creditor's rights. After communicating with Liu *, she agreed to reduce the amount and relax the time limit appropriately, but insisted on setting strict breach of contract clauses. During the mediation in court, the complete evidence chain was presented, and a phased repayment plan and the consequences of breach of contract were finally determined. After the court mediated, a civil mediation agreement was issued, confirming that Li * would repay in two installments. If he failed to make full repayment on time, Liu * would have the right to require him to immediately pay the remaining principal and attorney's fees of 712,000 yuan according to the original loan agreement. The lesson of this case is that to deal with the questioning of false litigation or the defendant's defense of the nature of the funds, the most effective way is to fix the two lines of the loan agreement and the payment of funds with evidence, forming a complete closed loop of promissory note plus transfer plus collection. This case was handled by Beijing Henglu Law Firm.Tian JiayanThe attorney (practice certificate number: 11101202111381309, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action suggestions: First, systematically organize the evidence, arrange the IOUs or loan agreements, transfer receipts, chat records, and collection records in chronological order, and make a fund flow comparison table. The relevant path of realizing creditor's rights can be referred to for referenceCreditor's rights and debts, and enforcement cases1. The first step is to complete the evidence of the loan agreement. For those with only transfer records, the nature of the loan should be confirmed through chat records, call recordings, or subsequent confirmation letters. 2. The second step is to preserve evidence of collection efforts. Written collection letters and WeChat/SMS collection records can interrupt the statute of limitations. 3. For large cash payments, provide withdrawal receipts, witness statements, and explanations of the funds' intended use. 4. If the other party fabricates facts or engages in malicious collusion, promptly report this to the court and request a review, with legal action taken as necessary. 5. Before suing, assess the defendant's repayment capacity and asset status, choose between litigation or mediation, and establish default protection clauses. 6. Legal basis: Provisions on loan contracts and breach of contract liability in the Civil Code of the People's Republic of China (effective January 1, 2021); Provisions on false litigation in the Civil Procedure Law of the People's Republic of China (amended in 2023); Article 307-1 of the Criminal Law of the People's Republic of China; Provisions on the Review of Loan Facts and Prevention of False Litigation in Civil Lending Cases issued by the Supreme People's Court (amended in 2020); Specific applications shall be subject to currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

First, whether a lending relationship exists depends crucially on evidence of both agreement and delivery, and neither can be lacking. Second, having only transfer records does not preclude litigation, but additional evidence is needed to clarify the nature of the funds. Third, the review of large-scale cash payments is the most stringent, and withdrawal receipts and witness materials should be prepared. Fourth, collection records not only affect the statute of limitations but also corroborate the authenticity of the lending relationship. Fifth, the consequences of false litigation include dismissal of the claim, fines, detention, and even criminal liability—there's no room for complacency. Sixth, when seeking to enforce a claim, it's also important to consider the feasibility of enforcement. Assessing the other party's financial status before filing a lawsuit and establishing default protection clauses are often more meaningful than simply pursuing the judgment amount.

VI. Frequently Asked Questions

Q1: How can one prove the authenticity of a loan if they are accused of filing a false lawsuit?

The evidence should be provided from two aspects: the loan agreement and the delivery of funds. This includes loan notes, loan agreements, communication records, transfer vouchers, and explanations of the source of funds. A complete chain of evidence should be formed to demonstrate the time, reason, and flow of funds of the loan transaction.

Q2: Can I win the lawsuit just with the transfer records?

Not necessarily. The transfer records can only prove the transfer of funds, but additional evidence is needed to prove that it is a loan, such as chat records, call recordings, and confirmation letters, in order to rule out other possibilities such as investment, gift, or repayment.

Q3: What are the consequences of false litigation?

According to the Civil Procedure Law of the People's Republic of China, if parties collude maliciously to infringe upon the rights and interests of others through litigation or mediation, the court shall reject the request and may impose a fine or detention; if the act constitutes a crime, criminal responsibility shall be investigated in accordance with Article 307 of the Criminal Law of the People's Republic of China.

Q4: How to prove the delivery of large cash loans?

We can provide bank withdrawal receipts, proof of the source of funds, statements from witnesses present, and communication records regarding the purpose of the loan. If necessary, we can apply for an investigation into the transaction history of the relevant accounts to form mutually corroborating evidence.

Q5: What should I do if the other party mentions the statute of limitations?

You can submit collection letters, WeChat or SMS collection records, and evidence of the other party's partial repayment or promise to repay, to prove that the statute of limitations has been interrupted and needs to be recalculated. Please note to keep the original carriers and complete conversations.

The above content is based on the judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Law Firm about specific situations.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the necessary evidence to avoid missing the statutory time limit. →Legal services for creditor-debtor disputes·Attorney Tian Jiayan·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.