[Direct answer]You can file a lawsuit. A promissory note is not a necessary condition for suing. Bank, WeChat, or Alipay transfer receipts can also be used as evidence for initiating civil loan litigation. According to Article 16 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Loan Cases" (amended on December 29, 2020), if the plaintiff sues solely based on transfer receipts, and the defendant contends that the funds are used to repay previous loans, payments, or gifts, etc., the defendant shall provide evidence first; if the defendant cannot prove it, the court may determine that a loan relationship exists. At the same time, attention should be paid to the three-year statute of limitations stipulated in Article 188 of the Civil Code of the People's Republic of China (effective on January 1, 2021). It is recommended to immediately fix the transfer records, chat records, and evidence of debt collection, file a lawsuit as soon as possible, and evaluate property preservation. For more details, please refer to the following link:Legal services for creditor-debtor relations and enforcement casesYou can also consultBeijing Henglu Law Firm.

I. Legal basis and interpretation of provisions

1. Article 16 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Loan Cases" (amended on December 29, 2020)

This article addresses the allocation of the burden of proof when there are only transfer records: the plaintiff completes the initial burden of proof by suing with transfer certificates; if the defendant claims that the funds are repayments of old debts, loans, gifts, or other legal relationships, the defendant must provide evidence to support their defense; after the defendant provides evidence, the plaintiff should still provide additional evidence of the loan agreement. The legislative purpose is to balance the parties' ability to provide evidence - payment certificates are in the hands of the payer, and if the recipient claims that the funds have other reasons, it is reasonable for them to explain the source. In practice, WeChat chat records and call recordings in which the other party admits the loan can effectively strengthen the loan agreement and significantly increase the probability of winning the case.

2. Article 67 of the Civil Procedure Law of the People's Republic of China (amended on September 1, 2023)

The party concerned has the responsibility to provide evidence for the claims they have made. Transfer records and WeChat records are electronic data, which can be admitted in court according to law; before suing, the original carriers should be exported and preserved, and if necessary, notarization or the use of trusted time stamps should be carried out to fix the evidence. The unfavorable consequences of failing to provide evidence shall be borne by the party with the obligation to provide evidence, which is the greatest source of pressure for the defendant in cases involving only transfer records, and it is also the main line of evidence organization by the plaintiff.

3. Practical adjudication guidelines

The court applies different standards of review to small-amount transfers and large-amount loans: For transfers of more than tens of thousands of yuan, if the defendant only verbally claims "gift" or "joint consumption" and cannot provide evidence, it is usually difficult to refute the determination of a loan; if the defendant presents previous IOUs, repayment records, or proof of business transactions between the two parties, the plaintiff needs to provide additional evidence of the loan agreement. The most common pitfalls include: deleting WeChat conversations, using others' accounts for transfers, only making cash payments, failing to obtain the other party's acknowledgment of the loan when collecting debts, and suing after the statute of limitations has passed for more than three years while the other party raises the statute of limitations defense. Any of these situations may put an otherwise winnable case at a disadvantage.

II. Henglue Law Firm's Practical Experience

The observations of Henglue Lawyers in handling private lending cases show that the key to the success or failure of "no promissory note" cases lies in strengthening the lending agreement: first, sort out the expressions such as "when to repay" and "how to calculate interest" in WeChat and text messages, and notarize the electronic evidence when necessary; second, let the other party confirm the amount of the loan through call recording; third, sign a loan agreement or repayment plan to convert the oral loan into written evidence. Common disputes focus on the defendant's defense that the funds involved are sales proceeds, gambling debts, gifts, or payments on behalf of others. The court will comprehensively judge based on the integrity of the transfer amount, the transfer time, and the relationship between the parties. The most common pitfalls for litigants are missing the statute of limitations and only discovering after suing that the defendant has no enforceable assets. Therefore, before suing, the litigant should assess the defendant's repayment ability, apply for property preservation simultaneously, and plan the enforcement path in advance. For reference, please refer to the following materials:Private lending and professional services for enforcement casesFor transactions involving operational funds, it can also be combined with other relevant information.Enterprise contract dispute resolution solutionsReview the evidence related to the transaction background.

III. Frequently Asked Questions

Q1: If there's no promissory note but only transfer records, can I win the lawsuit?

There's a good chance of success. According to Article 16 of the Judicial Interpretation of Civil Lending, after the plaintiff submits the transfer receipt, the defendant must first provide evidence to refute claims such as "repayment, loan, gift"; if the defendant fails to provide such evidence, the court may determine that a lending relationship exists. If there are chat records or call recordings to confirm the lending agreement, the chances of winning the case will be higher; conversely, if the defendant holds a valid promissory note or business transaction receipt, the plaintiff will need to provide additional evidence. The outcome of the case depends on the completeness of the evidence. It is recommended that the lawyer evaluate the evidence chain and the defendant's defense space before filing the lawsuit.

Q2: What evidence materials do I need to prepare?

The four core categories are: 1. Transfer receipts, including bank statements, WeChat or Alipay transaction records. Print and retain the original documents. 2. Evidence of loan agreements, such as chat records, call recordings, and witness statements. 3. Collection records, including collection letters, WeChat collection notifications, and the other party's responses. 4. Basic information of the other party, such as their ID number or household registration information. This information can be obtained through a lawyer-issued investigation order. For electronic evidence, it is recommended to have them notarized and preserved simultaneously to prevent them from being lost after the other party changes their phone or deletes their account.

Q3: How much does it cost to file a lawsuit?

In property cases, the litigation fees are calculated based on the amount in dispute: for cases involving an amount of no more than 10,000 yuan, a fee of 50 yuan per case shall be paid; for cases involving an amount between 10,000 yuan and 100,000 yuan, a fee of 2.5% of the amount shall be paid (Article 13, "Measures for the Payment of Litigation Fees", implemented on April 1, 2007). Fees can be reduced by half in cases involving mediation, withdrawal of the lawsuit, or the application of simplified procedures. Lawyer's fees are generally paid by the client, unless otherwise stipulated in the contract. Preservation fees are calculated based on the amount preserved. After winning the lawsuit, the litigation fees shall be borne by the losing party, which can be used to estimate the overall cost of protecting one's rights.

Q4: How long will it take to get my money back?

The time limit for summary procedures is three months, six months for ordinary procedures, and three months for second-instance trials. If the other party fails to perform after the judgment takes effect, they can apply for compulsory enforcement. It usually takes one to three months for the court to search and control the other party's bank accounts, real estate, and vehicles through online channels. If the other party truly has no assets, the enforcement procedure may be terminated, and the enforcement will be resumed after the discovery of asset clues. The overall period is as short as half a year and as long as one to two years. Applying for preservation measures simultaneously during the litigation process can significantly shorten the actual time required to recover the money owed.

Q5: What should I do if the other party says the money is a payment for goods or a gift?

According to Article 16, the defendant shall provide evidence to support their defense: they need to provide evidence such as the sales contract, the delivery note, or the previous expression of intent to donate. Mere verbal denial is not enough to overturn the preliminary validity of the transfer receipt. If the other party presents certain evidence, the plaintiff shall provide additional explanations about the background of the loan and submit evidence of agreement such as chat records. The court will determine whether the loan exists based on the amount, transaction practices, and common sense in daily life. Therefore, it is more advantageous to prepare reinforcing evidence as early as possible.

IV. Suggestions for Protecting Rights and Interests

  • Immediately export and back up the transfer records and chat logs. Do not flash the original phone or delete the conversations, and if necessary, arrange for notarization.
  • When collecting the debt, use text or recordings to make the other party confirm the amount of the loan and the repayment time, thus forming corroborating evidence.
  • Please note the three-year statute of limitations. Each time you request repayment, you should keep written records to interrupt the statute of limitations and restart the calculation of the time limit.
  • When filing a lawsuit, apply for property preservation at the same time, freeze the other party's account or seize the property to prevent the transfer of assets.
  • If the other party's account is idle or their whereabouts are unknown, apply for enforcement promptly and you can entrust a lawyer to handle the matter on your behalf.\nCreditor-debtor enforcement lawyerFollow up on the investigation and control, and resume the execution of the judgment.

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·Beijing Henglu Law Firm