[Direct answer]If a friend refuses to repay the money, here are three steps to take: 1. Send a written reminder via WeChat, text message, or a collection letter, clearly stating the amount and deadline. This not only preserves evidence but also interrupts the statute of limitations. 2. If the reminder fails, initiate legal action. Use promissory notes, transfer records, and chat logs to prove the loan agreement and payment. According to Article 675 of the Civil Code of the People's Republic of China, the borrower must repay the loan within the agreed timeframe, and the statute of limitations is three years. 3. After winning the lawsuit, if the other party still refuses to repay, promptly apply for forced execution to seize, freeze, or deduct their assets. Avoid delaying out of face-saving concerns, as losing the statute of limitations or losing evidence will result in the greatest losses.Legal services for creditor-debtor disputesFor a detailed analysis of the evidence and solutions, please refer to the following document.Beijing Henglu Law Firm.

I. Legal basis and interpretation of provisions

1. Article 675 of the Civil Code of the People's Republic of China (effective from January 1, 2021)

The borrower shall repay the loan in accordance with the agreed timeframe; where there is no agreement on the loan term or the agreement is unclear, and it is still impossible to determine the loan term in accordance with Article 501 of this Law, the borrower may repay the loan at any time, and the lender may urge the borrower to repay within a reasonable timeframe. This article establishes the basic rule of "repayment upon maturity": where there is an agreement, the parties shall abide by the agreement; where there is no agreement, the borrower shall repay the loan upon being urged and given a reasonable timeframe. For the lender, the act of urging the borrower to repay has important procedural significance—it not only triggers the "reasonable timeframe" but also serves as evidence of the interruption of the statute of limitations. The prerequisite for applying this rule are to prove the establishment of the lending relationship, that is, the two elements of lending agreement and payment of the funds, which is precisely the focus of evidence preparation.

2. Article 188 of the Civil Code of the People's Republic of China (effective as of January 1, 2021)

The statute of limitations for civil rights protection in the People's Court is three years, calculated from the date when the right holder knows or should have known that his rights have been infringed and the date when the obligee becomes aware of the infringement. Where a repayment date has been agreed upon, the statute of limitations begins to run from the day following the due date; where no repayment period has been agreed upon, the statute of limitations begins to run from the date when the reasonable period for notice expires. The statute of limitations does not mean that the creditor's rights will be extinguished after three years, but that the other party will acquire the right to raise the defense of statute of limitations, and the right to win the lawsuit may be lost. Each written demand for repayment, the other party's promise to repay or partial repayment constitutes an interruption of the statute of limitations and a restart of the calculation. Therefore, continuous collection with evidence preservation is not only a means of collecting debts but also a way to protect rights.

3. Practical adjudication guidelines (the dual requirements of agreement and delivery)

When courts handle civil loan disputes, they generally adhere to the review of two essential elements: "loan agreement + payment of funds". If there are only transfer records but no loan notes or chat records to corroborate the agreement, and the defendant claims that the funds are loans, repayments, or gifts, the lender needs to provide further evidence. If there are only loan notes but no proof of large-scale cash payments, the court will review the lender's repayment ability and the details of the payment. In practice, records showing that the other party admits the amount of the debt and promises to repay within a certain timeframe in WeChat chats have strong probative value and often become key evidence for adjudication. The most common pitfalls that parties fall into include: only making phone calls to collect debts without leaving records, blocking and deleting chat records, and lending cash without any proof, which leaves them in a passive position when providing evidence later. Standard practices include: making transfers as much as possible when lending, keeping records of all collection efforts, and regularly confirming the amount of the debt in writing.

II. Practical experience of Henglue Law Firm

Based on Henglue's practical observations of similar cases, there are three common forms of disputes in loan disputes between friends: First, there are only transfer records, and the other party argues that it is a partnership investment, joint consumption, or the repayment of previous debts; Second, the promissory note is not standardized, only writing "I owe XX money" without the amount in large characters, repayment date, interest agreement, or even just a sentence on WeChat, "I will pay you back next month"; Third, the collection is delayed for a long time. Out of face, they only verbally urge repayment for many years, and both the statute of limitations and evidence are lost. These three situations determine that the success or failure of the case often does not depend on trial skills, but on the structure of evidence in the early stage.

The judges' inclinations in such cases are relatively clear: if the agreement and delivery can corroborate each other, there are generally no obstacles to determining the establishment of the loan; for cases with only a single piece of evidence, the court will make a comprehensive judgment based on the amount of the payment, the payment method, the relationship between the parties, and the content of the collection. The most common pitfalls that parties are likely to fall into include: trusting the promise of "I will definitely repay it later" and missing the three-year statute of limitations; complaining loudly in the collection recordings and chats but never confirming the amount of the debt, resulting in the lack of key evidence; and only discovering that the other party has already transferred its assets when suing. If the collection has reached a stalemate, it is recommended to seek legal help as soon as possible.\nLegal services for creditor-debtor disputesEvaluate the evidence and property clues, and consider pre-litigation preservation when necessary to avoid winning the lawsuit but not being able to collect the money; for more similar issues, please refer toBeijing Henglue Law FirmOfficial website special feature.

III. Frequently Asked Questions

Q1: Can I sue someone without a promissory note but only with WeChat transfer records?

You can file a lawsuit. The transfer records can prove the delivery of the funds, but the other party may argue that it is a loan, a gift, or other economic transactions. Therefore, it is necessary to supplement the evidence of the loan agreement, such as the records mentioning "borrow" and "repay" in the WeChat chat, call recordings, and the other party's reply acknowledging the debt when being chased for payment. After filing the lawsuit, you can apply to the court to retrieve the transfer records and combine them with the chat content to form a chain of evidence. If there is only one transfer without any traces of an agreement, there is a risk of losing the lawsuit. It is recommended to guide the other party to confirm the amount of the debt through written reminders before filing the lawsuit.

Q2: When does the three-year statute of limitations for litigation begin to count from?

If the IOU or agreement specifies a repayment date, the statute of limitations starts from the day following the due date; if no repayment date is specified, you can demand repayment at any time, and the statute of limitations starts from the expiration of the reasonable period determined by your demand for repayment. Each written demand for repayment, the other party's promise to repay, or the return of part of the payment will interrupt the statute of limitations and restart the three-year period. It should be noted that the evidence of the statute of limitations must be verifiable. WeChat messages, text messages, and receipts of mailed demand letters can all serve as evidence; oral demands for repayment are difficult to prove and are easily denied by the other party, which is why "it is necessary to leave a record when demanding repayment".

Q3: Approximately how much does it cost and how long does it take to file a lawsuit?

The litigation fees are charged according to a tiered scale based on the amount of the claim. For example, for cases involving amounts below 10,000 yuan, the fee is 50 yuan per case; for cases involving amounts of around 100,000 yuan, the fee is approximately 2,300 yuan, with the fee for summary proceedings being reduced by half. For applications for preservation of evidence, additional fees for preservation of evidence and guarantees must be paid. In terms of trial duration, summary proceedings are generally concluded within three months, and ordinary proceedings within six months. Adding possible announcements, appeals, and enforcement procedures, the overall recovery period often lasts more than half a year to a year. If the facts are clear and the evidence is complete, consider shortening the period through mediation or payment orders, etc. The specific approach should be chosen based on the other party's repayment ability.

Q4: What should I do if the other party says they don't have the money and refuses to pay back the debt?

Don't give up too quickly. Before suing, you can apply for property preservation to freeze their bank accounts, WeChat and Alipay accounts, and real estate and vehicles to prevent them from transferring assets. After the judgment comes into effect and the other party fails to perform the obligation, you can immediately apply for compulsory enforcement. The court may seize and freeze the debtor's property, add them to the list of dishonest people, and restrict their high-consumption activities. Those who refuse to perform the obligation may be held accountable for refusing to execute the judgment. Whether the other party is "broke" or not shall be determined based on the results of the court's investigation and control. It is a legal obligation to truthfully declare one's property during the enforcement process, and evading enforcement will only aggravate the consequences.

Q5: What evidence materials should be prepared before filing a lawsuit?

The core elements include four groups: 1. Creditor's claims: promissory notes, loan agreements, and IOUs. 2. Delivery receipts: bank transaction records, WeChat/Alipay transfer records, and cash loan withdrawal records with delivery notes. 3. Evidence of agreement and debt collection: chat records, phone call recordings, and debt collection letters, with emphasis on capturing the parts where the other party acknowledges the loan and promises to repay. 4. Party information: the other party's ID number or household registration information, address, and contact details. To initiate a lawsuit, you need to submit a civil complaint, a list of evidence, and their copies to the court in the defendant's residence or the place where the contract was performed. Completing all required materials can significantly expedite the filing and trial process.

IV. Suggestions for Protecting Rights

  • All collection requests must be documented in writing: specify the amount and deadline in WeChat or text messages. For important collections, send collection letters by EMS and keep the receipt, which not only fixes the evidence but also interrupts the statute of limitations.
  • When lending money, it's best to use bank transfers or WeChat transfers and specify the purpose as "loan". For cash loans, write a receipt on the spot to avoid disputes over the payment in the future.
  • If you notice that the other party is starting to avoid you, go missing, or show signs of transferring assets, you should sue them as soon as possible and apply for pre-litigation preservation of evidence. First, freeze the assets and then negotiate with them.
  • Don't let face get in the way and extend the statute of limitations beyond three years. Each time you request repayment, the statute of limitations will be reset. Regularly confirming the debt in writing is the most cost-effective way to protect your rights.
  • If the evidence is disorganized or the other party is prepared to raise objections, please ask them to present their case first.Credit and debt lawyerConduct an evidence-gathering examination and then decide on the prosecution strategy.

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