[Direct answer]Even without a promissory note, one can still file a lawsuit. The court reviews the case based on the two requirements of "loan agreement + payment of funds": transfer records to prove the payment, and chat records or audio recordings to prove the agreement. With mutual corroboration, the loan relationship can be established. According to Article 2 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Loan Cases", evidence other than promissory notes and IOUs that can prove the existence of a loan relationship are also valid; according to Article 67 of the "Civil Procedure Law of the People's Republic of China", the party claiming the existence of a loan bears the burden of proof. First, supplement the evidence and then file a lawsuit: send a written demand for repayment to guide the other party to confirm the amount, and claim within three years. It can be done through legal procedures.Legal services for creditor-debtor disputesAnalyze the evidence in detail. For more information, please refer to the following link:Beijing Henglu Law Firm.

I. Legal basis and interpretation of provisions

1. Article 2 of the "Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases" (effective as of January 1, 2021)

When a lender initiates a civil loan lawsuit in the people's court, he/she shall provide debt certificates, receipts, IOUs, and other evidence that can prove the existence of a loan legal relationship. The provision of "and other evidence that can prove..." leaves a loophole for lenders without IOUs: IOUs are just one form of evidence, not the only requirement. The legislative purpose is to allocate the burden of proof in accordance with the actual customs of private transactions—oral loans and large-scale lending without IOUs between relatives and friends are quite common. The court will not close the door to judicial relief just because there is no IOU. The key point of application lies in the organization of evidence: connecting transfer certificates with chat records and audio recordings along a timeline to prove the fact that "this money is a loan".

2. Article 67 of the Civil Procedure Law of the People's Republic of China (effective from January 1, 2022)

The party concerned has the responsibility to provide evidence for the claims they make, that is, "who claims, who provides evidence". If the lender claims that the loan relationship exists, they should first prove the agreement and the delivery of the loan; if the defendant contends that the transfer of funds is a loan, a gift, or a repayment of other debts, they need to provide evidence to support their defense. This distribution rule is of great significance for cases without loan notes: as long as your preliminary chain of evidence reaches a high degree of probability, and the other party cannot provide contrary evidence, you may bear the consequences of losing the case. The key points of evidence include the original carrier—WeChat chat records should be presented with the original phone and maintained in their integrity, and the audio recordings should clearly confirm the identity of the other party. Screenshots and forwarded messages have significantly weaker probative force than the originals.

3. Practical judicial interpretation (how to adjudicate cases without loan notes)

The common standards for courts to review loans without IOUs are as follows: For small-amount transfers, if the chat records mention the purpose of the loan and the repayment commitment, the court will generally determine the loan as valid. For large-amount loans, the court will also review the lender's repayment ability, the delivery method, and the background of the economic transactions between the two parties. If the large-amount cash is delivered without any supporting evidence, the risk will significantly increase. The effectiveness of the other party's self-admission is very strong—if the other party replies with "I will definitely repay it later" or "I will repay you a part of it first" when being chased for repayment, these records are often used as key evidence to determine the existence of the debt. In practice, lenders are most likely to fall into the following traps: only making phone calls for debt collection without leaving any records; immediately blocking and deleting records after discovering that the other party is refusing to repay; and only taking screenshots of chat records without saving the originals. The standard remedial sequence is: first, fully back up the original records; then, guide the other party to confirm the amount through written debt collection notices; if necessary, ask the other party to write a IOU or repayment plan; and finally, file a lawsuit.

II. Henglue Law Firm's Practical Experience

From Henglue's practical observations of similar cases, the disputes in loan disputes without promissory notes focus on three aspects: First, the controversy over the nature of the funds. The other party claims that the loan is a partnership investment, a payment on behalf of someone else, or a gift. In this case, the notes on the transfer receipt and the chat context become the key to resolving the dispute; Second, the dispute over the amount. There are multiple transfers involving transactional funds, and it is necessary to separate out the loan portion from the agreed-upon evidence one by one; Third, the dispute over the statute of limitations. The borrower sues many years after the loan occurred, and the other party defends against the claim by arguing that the statute of limitations has expired. Whether there is evidence of the collection of the debt directly determines the outcome of the case. The three types of disputes all point to one conclusion: The core work in cases without promissory notes is to reconstruct the evidence chain, rather than obsessing over whether there is that piece of paper.

The judges' tendency in such cases can be summarized as "evidence-based priority": even the strongest single piece of evidence is not as good as two pieces of evidence that fit together. Transfer records combined with chat records showing the other party's acknowledgement of the loan can basically determine the case; conversely, if there are only transfer records but the other party gives a reasonable explanation that you cannot refute, there is a risk of losing the case. The most common pitfalls for litigants are: first, urgently demanding repayment before suing, using emotional language but never getting the other party to confirm the specific amount; second, ignoring the value of audio recordings of the other party's verbal promises to repay; third, mistakenly believing that being blocked by the other party means there's no hope, when in fact historical records and transfer proofs are still available. If the evidence structure is complex or the amount is large, it is recommended to consult a lawyer before suing.Creditor-debtor lawyerConduct an evidence review and supplement the chain of evidence according to the four steps of "agreement-delivery-collection-statute of limitations". For a systematic solution to similar problems, please refer to the relevant materials.Beijing Henglue Law FirmOfficial website.

III. Frequently Asked Questions

Q1: Can you win the case even if you only have the bank transfer records and no chat records at all?

It's challenging, but not impossible. If you only have delivery receipts but no conclusive evidence, and the other party argues that it's a loan, repayment, gift, etc., the court will require you to provide further evidence. If you can't provide evidence, you may lose the case. Remedies: First, send a written reminder via WeChat or SMS, stating "You borrowed X yuan from me on X day, X month, X year". If the other party doesn't deny it or promises to repay, this will constitute conclusive evidence. Second, make a phone call to remind them and record the conversation, letting them confirm the fact of the loan. Third, look for notes, usage explanations, and testimonies from common witnesses at the time of the loan. Providing evidence first before suing will significantly increase your chances of winning the case compared to suing without evidence.

Q2: Can WeChat chat records and call recordings be used as evidence?

Yes. WeChat chat records and call recordings are all forms of legal evidence. The key points are authenticity and completeness: the chat records should retain the original mobile phone carrier and be able to log in to demonstrate and show the identity information of both parties. Do not just submit screenshots; the recordings should be complete and unedited, able to identify the other party's identity, and preferably include the loan amount and repayment commitment in the content. When submitting, organize them into a written draft and mark the timeline, corresponding to the transfer records. Legally obtained recordings can be used as evidence. Recordings of conversations in which you participate do not constitute infringement, except for those obtained by means of threats or inducement.

Q3: Is it still useful to write a promissory note now?

This is very useful. Retroactively writing a promissory note, a repayment plan, or having the other party sign and confirm the collection notice legally constitutes a creditor's confirmation, which is equivalent in legal effect to the original creditor's document. It often also has the effect of restarting the statute of limitations. When retroactively writing these documents, it is necessary to clearly state the borrowing date, the amount in both numeric and written form, the interest rate, the repayment period, and the responsibilities for late payments. The signature should be accompanied by a fingerprint and a copy of the ID card. If the other party is willing to retroactively write these documents, it indicates that they still have the intention to fulfill their obligations, leaving ample room for negotiation. If the other party refuses to retroactively write these documents but has previously acknowledged the debt in writing, the chat records can also serve as a basis for confirmation, so there's no need to insist on a written promissory note.

Q4: If there's no IOU, how long will it take and how much will it cost to file a lawsuit?

The process is generally the same as that of cases involving promissory notes: simple procedures are typically concluded within three months, ordinary procedures within six months, and the time limit is extended if the other party's whereabouts are unknown and a public notice is required. In terms of fees, the case acceptance fee is charged according to the amount of the claim and is halved under the simple procedure. For example, for a claim of 100,000 yuan, the fee is about 2,300 yuan. In cases without promissory notes, additional fees such as evidence collection and notarization are usually required. Cases without promissory notes with complete evidence chains often proceed through mediation or simple procedures, and the overall process may even be shorter. The initial investment in evidence determines the efficiency in the later stages.

Q5: What should I do first before filing a lawsuit?

Do the following five things in order: 1. Make a complete backup of WeChat messages, text messages, audio recordings, and other original records, and organize the timeline. 2. Obtain the bank's transfer records and print a stamped version. 3. Send a written demand for payment, specifying the amount and deadline, and retain the proof of delivery to interrupt the statute of limitations. 4. Identify the other party's assets, including real estate, vehicles, bank accounts, and salaries, to prepare for preservation and enforcement. 5. Assess whether to apply for pre-litigation preservation first. By completing these five steps before filing a lawsuit, you can not only increase your chances of winning the case but also pave the way for enforcement, avoiding the situation where you win the lawsuit but cannot collect the money.

IV. Suggestions for Protecting Rights and Interests

  • Immediately back up the original evidence: do not delete or block WeChat records, and print and stamp the bank transfer records. Keep the original files of the audio recordings.
  • Before filing a lawsuit, send a written reminder once, stating the amount and the fact of the loan, and guide the other party to reply and confirm. This way, you can fix the agreement and interrupt the statute of limitations at one go.
  • Try to get the other party to write a promissory note or a repayment plan, attach their ID information and fingerprints, and upgrade the oral creditor's rights to formal creditor's rights.
  • For cases involving large sums of money or where there are signs of the other party transferring assets, we will file a lawsuit and apply for property preservation at the same time. We will first freeze the assets and then negotiate the settlement.
  • For cases with broken evidence chains or major disputes over the nature of the evidence, please consult an expert first.Credit and debt lawyerEvaluate the path to obtaining additional evidence, and then decide on the timing of the prosecution.

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 limits. →\nLegal services for creditor-debtor disputes·Beijing Henglu Law Firm