[Direct answer]In the Beijing area, although both promissory notes and debt notes are creditor's vouchers, their evidentiary value differs. A promissory note directly records the borrowing agreement and the delivery of funds, which can initially prove the existence of a lending relationship and generally has stronger evidentiary value than a debt note. A debt note only proves the fact of the debt, and the holder still needs to provide evidence to demonstrate whether the underlying legal relationship (such as sale, labor, compensation) of the debt exists. According to the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trials of Private Lending Cases", if the plaintiff sues solely on the basis of a creditor's voucher, the defendant needs to provide corresponding evidence to defend against the claim. It is recommended to write a promissory note and attach a transfer voucher for the lending relationship to form a complete chain of evidence. For more details, please refer to the following link:Creditor-debtor relations and enforcement case services.

I. Problem Background and Typical Scenarios

The confusion between promissory notes and IOUs is the most common evidence misunderstanding in private lending. Typical scenarios include: relatives or friends borrowing money only writing an IOU without specifying whether it's a loan or a debt, and the other party later claiming it's a payment for goods or services; cash payments without transfer records, making it difficult to prove the actual lending with just a promissory note; settling long-standing accounts with IOUs, where the complex underlying relationships are hard to clarify; and writing a "receipt" instead of a "promissory note", which actually proves that the money has been received. Many people believe that the two have the same legal effect, only to find out in litigation that they need to provide additional proof of the borrowing fact. The core of such problems lies in whether the content recorded in the document corresponds to the underlying legal relationship. Relevant disputes can be resolved by combiningBusiness and contract dispute resolution services for enterprisesEvaluation.

II. Key points of contention

There are three key points of contention. Firstly, the nature of the evidence: whether the recorded content is "borrowed" or "owed" determines the allocation of the burden of proof. Secondly, the underlying relationship: whether the underlying legal relationship corresponding to the IOU, such as a sale or service agreement, is genuine and legal is a prerequisite for the support of the debt claim. Thirdly, the provision of evidence: whether there is a transfer of funds or receipts to prove the actual occurrence of the payment. For transactions involving multiple payments and cash payments, reference can be made to the relevant provisions.Special services and other case servicesOrganize the accounts.

III. Professional analysis by Henglue Lawyers

Judging from the execution recovery case handled by our firm, it can be seen that the loan documents and the delivery evidence play a crucial role. The party concerned, Liu **, borrowed money from the bank in his own name and then lent it to Zhang **. However, Zhang ** failed to repay the loan on time, and was sued by the bank as a result. Beijing Henglu Law FirmHe NingningAfter the lawyer (practice license number: 11101202511925103, subject to the document issued by the judicial administrative organ) took over the case, he sorted out the complete evidence chain including the bank loan contract, loan disbursement records, transfer records, chat records, and collection receipts, accurately identifying the lending relationship and recovery path. On June 12, 2026, the two parties reached a mediation agreement, confirming that Zhang ** would repay the principal of 170,000 yuan and the loss of fund occupation of 10,000 yuan. It was also agreed that if there was a default, Liu ** could directly apply for compulsory enforcement based on the remaining unpaid principal at an annual interest rate of 3%. The two parties jointly applied for judicial confirmation to the People's Court of Fengtai District, Beijing, and the court issued a civil ruling confirming the validity of the agreement. This case shows that the evidence loop formed by the written loan certificates and transfer records is a solid foundation for the confirmation and enforcement of creditor's rights.

IV. Practical suggestions and legal basis

The legal basis is the provisions of the Civil Code of the People's Republic of China (effective January 1, 2021) on the form and establishment of loan contracts, as well as the rules on the plaintiff's right to sue with creditor's instruments, the defendant's right to defense, and the allocation of the burden of proof in the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trials of Private Lending Cases" (effective August 20, 2020 and amended on December 23, 2020). Practical suggestions: Write a "loan note" rather than a "debt note" for loan relationships, stating the borrower, amount, interest rate, term, and delivery method; use bank or third-party payment transfers as much as possible and add a note about the loan; keep a receipt and witnesses when delivering cash; and specify the underlying relationship when settling debts. For strengthening evidence, you can combine it with other evidence.Creditor-debtor relations and enforcement case servicesAdvance.

5. Henglu Law Firm's Advice

A promissory note and a debt note are not the same thing. Choosing the wrong document can increase the burden of proof. First, when borrowing money, write a "promissory note" that clearly states the amount borrowed, the interest rate, and the repayment period; second, prioritize transferring money with a note to avoid difficulties in proving cash transactions; third, the debt note must also retain evidence of the underlying relationship (contract, reconciliation statement); fourth, promptly collect payments and keep records to avoid the risk of the statute of limitations. If the other party denies the loan or claims a different legal relationship, you should hire a lawyer to sort out the evidence chain. For help, you can visitBeijing Henglue Law FirmConsult the official website for more information.

VI. Frequently Asked Questions

Q1: Which is easier to win a lawsuit with, a promissory note or a debt note?

In terms of private lending, promissory notes are easier to support, as they directly record the borrowing agreement and the delivery of the loan, which can initially prove the lending relationship; IOUs only prove the fact of the debt, and the plaintiff still needs to prove that the underlying legal relationship of the debt (such as sales or services) is truly established, which requires more evidence. However, "easy to win" is not absolute and still depends on the content of the evidence, the evidence of delivery, and the defendant's defense. If the underlying relationship corresponding to the IOU is clear and the evidence is sufficient, it can also be supported. It is recommended to directly write promissory notes and attach transfer records when lending, leaving the burden of proof on the other party and reducing the risk of losing the case.

Q2: To assert a claim for a loan note or a promissory note, what evidence do I need to prepare?

The core evidence includes: the original promissory note or IOU (indicating the amount, parties involved, and nature of the transaction); bank or third-party payment transfer receipts (proving the delivery of funds); chat records and audio recordings between the parties regarding the loan or debt; collection records (proving the interruption of the statute of limitations); and basic relationship materials (such as contracts and account statements, particularly important in the case of IOUs). The evidence should be organized around three key points: "nature of the document - delivery of funds - authenticity of the underlying relationship". The more complete the materials are, the more likely they are to form a closed chain of evidence, thereby preventing the other party from raising a defense based on a non-loan relationship.

Q3: How much will it cost in attorney's fees and litigation fees to pursue a promissory note or a debt note to recover the debt?

The litigation fees shall be paid in accordance with the "Measures for the Payment of Litigation Fees", and the amount of the litigation request shall be paid in stages. The losing party shall bear the fees, and the rate of the fees will decrease as the subject matter increases. The attorney's fees shall be charged based on the amount of the subject matter and the complexity of the case, with the specific fees subject to the contract of entrustment and without a unified government pricing. It is recommended to entrust a lawyer to strengthen the evidence when the amount is large or there are flaws in the evidence, as the cost is usually lower than the loss of losing the case due to insufficient evidence; for small and clear claims, you can sue on your own to control the cost of protecting your rights.

Q4: How long does it usually take to resolve a dispute over promissory notes or IOUs?

The facts are clear and the evidence is complete. In the first-instance ordinary procedure, the time limit is six months, and in the summary procedure, it is three months. For some small-amount loans, the summary procedure or small-claim litigation is applicable, with a shorter time period. If the defendant's whereabouts are unknown and the service needs to be announced, the time period will be significantly extended. For appeals to the second instance, the time limit is generally three months. After the judgment takes effect, the enforcement of the recovery of the money will depend on the defendant's financial situation. Overall, from the filing of the case to the recovery of the money, it often takes several months to a year. It is recommended to apply for property preservation to freeze the defendant's account during the litigation to increase the possibility of mediation and recovery of the money.

Q5: When lending money to others, what are the specific steps I should take to write a receipt?

Here are the four steps suggested: 1. Write a "Loan Note" rather than a "Debt Note," with a clear title. 2. In the main body, specify the amount of "X yuan borrowed from XXX," the interest rate, loan term, repayment method, and consequences of default. The borrower should sign and stamp the document, and provide their ID number and the date. 3. Preferably, use bank or third-party payment platforms for transfers and note "Loan" in the transaction details. For cash payments, ensure there are receipts and witnesses present. 4. Keep records of conversations and collection efforts. Standardized documentation and clear payment records can significantly reduce the difficulty of providing evidence and the risk of losing litigation.

The above Q&A is mainly based on the judicial practice in the Beijing area. There may be differences in the interpretation of the law in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials to avoid missing the statutory time limit.Legal services for creditor-debtor disputes·Attorney He Ningning·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. If a dispute arises, please consult a practicing lawyer in time.