[Direct answer]It's possible to recover the debt even without a promissory note: The core of the lending relationship is "consent + delivery". WeChat chat records, call recordings, and collection dialogues can prove the lending consent, and bank, Alipay, and WeChat transfer receipts can prove the delivery of funds. The two pieces of evidence can corroborate each other and be used as the basis for suing. According to Article 679 of the Civil Code, the loan contract between natural persons is established when the lender provides the loan. The transfer record itself is a strong piece of evidence. According to Article 2 of the Judicial Interpretation of Private Lending, "other evidence that can prove the existence of a lending legal relationship" besides the promissory note can be submitted. The statute of limitations for litigation is three years. It is recommended to immediately export the original chat and transfer records, urge the other party to acknowledge the debt, and, if necessary, sue and apply for property preservation. For more details, please refer to the following link:Legal services for the enforcement of creditor-debtor casesAndBeijing 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 Civil Loan Cases" (effective on January 1, 2021)

When a lender files a civil loan lawsuit with the people's court, he/she shall provide loan receipts, invoices, IOUs, and other creditor's vouchers as well as other evidence that can prove the existence of the loan legal relationship. It can be seen that the IOU is not the only voucher. The phrase "other evidence that can prove the existence of the loan relationship" leaves room for relief for lenders who do not have IOUs: transfer records, chat records, collection recordings, and witness testimonies can all be submitted as evidence. The key is whether the various pieces of evidence can corroborate each other and form a complete chain, rather than insisting on the necessity of a written IOU.

2. Article 679 of the Civil Code of the People's Republic of China (effective January 1, 2021)

A loan contract between natural persons is established when the lender provides the loan. This means that as long as the actual transfer of funds takes place, the loan contract is deemed to be established. If the other party claims that the funds are a "gift", "payment on behalf of another", or "merchandise payment", they need to provide additional evidence to support their claim. Even without a written promissory note, the court can determine the existence of a lending relationship based on the transfer receipt combined with the intention to borrow expressed in the chat. However, for cash payments that leave no trace, additional evidence such as deposit receipts, daily cash withdrawal records, and witness statements are required, which increases the difficulty of providing evidence accordingly.

3. Practical adjudication guidelines (standards of proof for cases without loan notes)

The court determines that loans without IOUs are usually reviewed comprehensively based on the standard of high probability: multiple small-amount transfers combined with chat records such as "borrow money for temporary use and repay you next month" are often regarded as loans; if there is only one large-amount transfer without any trace of agreement, and the other party disputes that it is a payment for goods or other payments, the lender needs to provide further evidence. In practice, the most common pitfalls are deleting chat records, not having any proof of cash delivery, and exceeding the three-year statute of limitations. If you notice signs of the other party refusing to pay, the most effective two steps to preserve evidence are to export the chat and transfer records from the original phone and to issue a written reminder to the other party to acknowledge the debt as soon as possible.

II. Henglue Law Firm's Real Cases (Detailed Review)

Review of the case:Liu * and Li * are friends. Since 2022, Li * has borrowed money from Liu * multiple times on the grounds of opening a pet store and paying rent, etc. Liu * has lent a total of 662,000 yuan to Li * through bank transfers, Alipay, and WeChat. During this period, Liu * did not issue loan notes for each loan. On November 3, 2024, the two parties signed a loan agreement, stipulating that Li * should repay all the arrears before January 1, 2025, and voluntarily bear the litigation fees, attorney's fees, and other losses if the repayment is overdue. On November 26, 2024, Li * explicitly stated that he was unable to repay the loan on the due date, and the negotiations failed after that. Liu * entrusted Beijing Henglu Law Firm to handle the case.Tian JiayanThe lawyer protects the client's rights and interests.

The focus of the controversy:First, in the absence of a detailed loan note, how can the lending relationship and the amount of the debt be identified? Second, can the breach of contract liability and the recovery of losses such as attorney's fees be claimed together? Third, after the judgment, the enforcement period is long and it's difficult to find clues to the debtor's assets. What is the best way to close the case to ensure the recovery of the debt?

Our position and the position of the other party are as follows:Liu * requested to repay 662,000 yuan in accordance with the agreement and bear the overdue interest, attorney's fees, and other costs to recover the losses; Li * admitted the fact of the loan, but said that he was unable to repay the loan in full when it was due, and hoped to extend the repayment period and make repayments in installments.

Attorney's Strategy and Legal Opinion:After taking on the case, Attorney Tian Jiaoyan pointed out that there were no detailed receipts for many of the transfers, and it was necessary to strengthen the loan agreement and the records of debt collection. The lawyer comprehensively sorted out the transaction records from banks, Alipay, and WeChat, and checked them against the loan agreement one by one to confirm that the loan relationship was legal and effective. According to the Civil Code, Li *'s overdue payment constitutes a breach of contract, and he should bear responsibilities such as the principal, overdue interest, and the agreed attorney's fees. Considering the long enforcement period and difficulty in finding property clues after the judgment, after communicating with Liu *, the lawyer agreed to extend the time limit appropriately, but insisted on setting strict breach of contract clauses to safeguard the bottom line of creditor's rights realization.

The court's reasoning and the outcome of the case:Under the mediation of the court, the two parties voluntarily reached an agreement: Li * would repay the loan in two installments, paying 400,000 yuan before December 10, 2025 and 80,000 yuan before February 10, 2026; if the repayment was not made in full and on time, Liu * would be entitled to immediately claim all the remaining principal and attorney's fees totaling 712,000 yuan according to the original loan agreement, and the court would issue a "Civil Mediation Letter" to confirm this. This case shows that even if there is no standardized promissory note at the outset, the evidence chain constructed by the transfer records, subsequent agreements, and collection records can still help identify the creditor and obtain protection for forced enforcement.

This case is handled by Beijing Henglu Law FirmTian JiayanThe attorney (practice certificate number: 11101202111381309, subject to the certificate issued by the judicial administrative organ) acts as the agent.

III. Frequently Asked Questions

Q1: If there's no IOU but only WeChat transfer records, can I still file a lawsuit?

Yes. According to Article 2 of the Judicial Interpretation of Private Lending, "other evidence that can prove the lending relationship" besides the creditor's voucher can be submitted. WeChat transfer records are a strong proof of delivery, and combined with the intention of "borrowing" and "repaying" expressed in the chat, the lending relationship can be identified. It is recommended to simultaneously export the chat records and collection dialogues with the other party, and keep the original mobile phone carrier for future reference. If necessary, it can be notarized and fixed. However, if there is only a single transfer record without any trace of agreement, the difficulty of providing evidence will increase, and it should be strengthened as soon as possible.

Q2: If the other party says it's a gift or a loan, what should I do?

The burden of proof will shift to the other party. According to Article 679 of the Civil Code, the transfer of funds constitutes the formation of a loan contract. If the other party claims that the funds are a gift, a loan, or of another nature, they should provide evidence to support their claim. You should provide chat records, call recordings, explanations of the transaction background, and other evidence to substantiate the loan agreement. If the two parties have no previous business transactions, the defense of the loan will generally be difficult to establish, and the court will make a comprehensive determination based on a high standard of plausibility. Don't give up your claim just because of the other party's words. First, secure your own evidence and then evaluate it.

Q3: If I lend out cash without a loan note, can I still get it back?

It's more difficult than transferring money, but there are still solutions. Possible remedies include: asking the other party to rewrite the IOU or debt note; urging repayment via WeChat or phone and recording the conversation to make the other party acknowledge the amount and purpose of the loan; finding witnesses who were present; retrieving one's own cash withdrawal records to corroborate the source of funds, forming a closed loop of delivery. If the other party admits the debt during the collection process, this record will become crucial evidence. In cash-related cases, delaying action is the worst thing to do. The earlier you secure evidence, the more advantageous it will be. If you wait too long, the other party is likely to deny everything.

Q4: For debts without a promissory note, how is the statute of limitations calculated for litigation?

The three-year statute of limitations also applies: if a repayment period has been agreed upon, it shall be calculated from the expiration of the period; if no repayment time has been agreed upon, the creditor may demand repayment at any time, and the statute of limitations shall be calculated from the expiration of a reasonable period set by the creditor. Each time the creditor demands repayment and the debtor promises to repay each time, the statute of limitations is interrupted and starts anew for three years. In cases without promissory notes, it is even more important to keep records of the debt collection process — WeChat collection records are not only evidence of the interruption of the statute of limitations, but also supplementary evidence of the loan agreement, achieving two goals at once. Never avoid collecting debts or asking for repayment for the sake of "preserving face" for too long.

Q5: If the other party admits the debt in the chat but refuses to repay it, can I directly apply for enforcement?

It cannot be executed directly. It is necessary to obtain an effective legal document first. You can file a lawsuit with the court with chat records and transfer receipts, and if you meet the conditions, you can also apply for a payment order. If the other party still fails to perform after the mediation or judgment takes effect, you can then apply for compulsory enforcement. If you are worried about the long cycle and difficulty of enforcement, you can strive for mediation in the litigation and set a breach of contract accelerated maturity clause. For example, in this case, the mediation agreement stipulates that if there is a breach of contract in one installment, you can claim all the remaining principal and attorney's fees, which takes into account both the speed of repayment and the level of protection.

IV. Suggestions for Protecting Rights and Interests

  • Back up the evidence immediately: export and retain the original carriers of all transfer receipts, chat records, and call recordings. Do not delete any records, and you can have major payments notarized.
  • As soon as possible, send a written reminder to the other party and guide them to acknowledge the amount of the debt. Either through WeChat conversations or by signing a promissory note, this can greatly reduce the difficulty of providing evidence and at the same time interrupt the statute of limitations.
  • For cash payments, organize the withdrawal records and the witnesses present to form a closed-loop evidence of the source of funds and the actual delivery.
  • When negotiating installment payments, include provisions on accelerated maturity in the event of default and the responsibility for legal fees, adding an extra layer of protection for future enforcement actions.
  • If the debt has been overdue for more than two or three years, or if there are signs that the other party is transferring assets, it is necessary to sue and apply for property preservation as soon as possible, and do not wait until the three-year statute of limitations has passed.

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