[Direct answer]In the Beijing area, it is possible to file a lawsuit, but the original promissory note is not a necessary condition for filing a case or winning the lawsuit. The civil lending relationship is centered on the lender's intention to lend and the actual delivery of the funds. The lender can submit transfer records, chat records, collection records, and the borrower's subsequent repayment records to form a chain of evidence. Two points should be noted: first, copies that cannot be verified against the original cannot be used alone as the basis for determining the facts; second, the statute of limitations is generally three years. According to Article 188 of the Civil Code of the People's Republic of China (effective January 1, 2021), when the other party raises a statute of limitations defense, the lender needs to provide evidence of collection or the other party's acknowledgment of the debt to prove the interruption of the statute of limitations.

1. Problem background and typical scenarios

The situation of losing IOUs is quite common: they are lost together with ID cards when kept in wallets, torn apart by washing machines, or the original copies are taken back by the other party under various pretexts and never returned. What the parties are most concerned about is "if they only have a photo and a copy in hand, will the court refuse to accept the case?". The filing review only requires clear information about the parties and their litigation requests. Whether they can win the case depends on whether there is other evidence to support the fact of the loan, which is also the case with other types of civil litigation.Creditor-debtor casesIt's one of the most common challenges in providing evidence in China.

II. Key points of contention

First, can the copy be used as evidence? According to Article 90 of the "Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings" (Legal Interpretation [2019] No. 19, implemented on May 1, 2020), a copy that cannot be verified against the original cannot be used alone as the basis for determining the facts. Second, the consequences of the defendant's absence. If the borrower fails to appear in court without a valid reason after being summoned, it shall be deemed that he/she has waived the right to cross-examination. Third, the effectiveness of partial repayment. If the borrower has made repayments through WeChat or banks, it constitutes an acknowledgment of the debt, and the previous statute of limitations defense will be difficult to establish. Fourth, the burden of proof for large-scale cash payments. According to the "Several Provisions of the Supreme People's Court on the Application of Law in the Trial of Private Lending Cases" (Legal Interpretation [2020] No. 17, implemented on August 20, 2020), those who claim large-scale cash payments solely based on a promissory note must also explain the source of the funds and the details of the payment.

III. Professional analysis by Henglue Law Firm

Henglue Law Firm's practical experience in handling civil loan cases is the "Three-Step Reconstruction of the Evidence Chain": First, restore the fund flow by retrieving bank transaction records, WeChat and Alipay payment statements, and cash withdrawal records; Second, fix the loan agreement by preserving the original carriers of chat records, audio recordings, and promissory note photos, and do not change phones or delete conversations. When necessary, notarize the electronic data or apply for court inspection; Third, strengthen the other party's self-admission by leaving traces of debt recognition through collection letters, account reconciliation confirmations, and partial repayments. The judge's preference is that evidence that corroborates each other and has natural details is more likely to be accepted, while relying solely on copies or retrospectively written explanations is difficult to gain support. For cases involving loan-type fraud, it can be combined with other evidence to prove the defendant's fraudulent intent.Criminal defensePath evaluation;Contracts and commercial disputesThe same evidentiary methods apply here.

IV. Practical suggestions and legal basis

Article 188 of the Civil Code of the People's Republic of China stipulates that the general statute of limitations is three years, and Article 195 clearly states that the statute of limitations is interrupted in circumstances such as the right holder's request for performance and the obligee's consent to perform the obligation (both of which came into effect on January 1, 2021). Suggestions: First, immediately back up chat records and transfer receipts; Second, assert rights and preserve delivery traces by means of written collection letters and WeChat collection; Third, submit the copy of the IOU, fund transaction records, chat records, and witness statements when suing; Fourth, apply for property preservation simultaneously. For cases involving guarantees, you can apply for it at the same time.Guarantee and disposal of propertyVerify the mortgage and guarantee conditions of the project.Specialised legal servicesIt can assist in fixing the evidence.

5. Henglu Law Firm's Reminder

After the promissory note is lost, the most important thing to be vigilant about is not the difficulty of providing evidence, but the statute of limitations. Once the three-year statute of limitations expires and there is no evidence of interruption, even if the facts of the loan are clear, you may still lose the case. It's more prudent to first assert your rights and then complete the evidence. Copies of the promissory note and transfer records may not necessarily be accepted. The court will also review the relationship between the parties, transaction habits, and the reasonableness of the amount. Statements should avoid inconsistencies.Beijing Henglue Law FirmIt is recommended that you use bank transfers as much as possible for daily transactions and specify the purpose of the transfer in the remarks section.

VI. Frequently Asked Questions

Q1: Can we win the lawsuit just with copies of the documents?

When the copy cannot be verified against the original, it cannot be used as evidence alone. However, if it can be corroborated with transfer records, chat records, and repayment receipts, the lending relationship may still be recognized.

Q2: What evidence do I need to prepare?

Copies or photos of the IOU, bank transaction records and WeChat/Alipay transfer records, chat logs and recordings of the collection process, partial repayment receipts from the other party, materials proving the source of the funds, and witness statements from informed individuals.

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

The litigation fees are charged in stages according to the amount of the dispute, and the losing party shall bear the corresponding part after the victory; the attorney's fees shall be determined in accordance with the entrustment contract, and for property preservation, it is also necessary to provide guarantees or surety bonds.

Q4: How long does the entire process take?

For cases with clear facts, the summary procedure generally concludes within three months, and the ordinary procedure generally concludes within six months; for cases where the defendant's whereabouts are unknown and the service needs to be announced, the overall process usually takes more than half a year.

Q5: What should I do first if I lose the IOU?

First, assert your rights through WeChat, text messages, or written collection letters to preserve evidence of the interruption of the statute of limitations. Then, export the transfer records and chat logs, and consult a lawyer to determine the best course of action.

The above questions and answers are mainly based on the judicial practice in Beijing. 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.

VII. Relevant public cases (for reference, not handled by our firm)

The following cases are all sourced from the official websites of courts at all levels, judicial authorities, and authoritative media, and are not related to the cases handled by our firm. They are provided solely for reference in understanding relevant adjudication rules and do not constitute opinions on specific cases.

[Case No.]The case number has not been made public.
[Trial Court]The People's Court of Mianchi County, Henan Province
[Judicial Summary]The lender, Li * , lost the promissory note, but the evidence provided by him, such as WeChat chat records and records of demanding repayment, can prove that the creditor-debtor relationship between the two parties exists. Although the borrower raised the defense of the statute of limitations, he had repaid a total of 400 yuan through WeChat transfers twice, which sufficiently demonstrated that he acknowledged the fact of the loan and was willing to repay it. The court did not support the defense of the statute of limitations and ruled that the borrower should repay the loan of 9,600 yuan and the overdue interest.
[Source]Legal News: "If the IOU Is Lost, Can the Borrowed Money Still Be Recovered?" (2025-04)

[Case No.]The case number has not been made public.
[Trial Court]The People's Court of Lianhua County, Jiangxi Province
[Judicial Summary]The borrower borrowed 50,000 yuan and issued a promissory note. When the lender sued, the original promissory note had been lost, and only the transfer records, chat records, and copies of the promissory note were provided. The borrower failed to appear in court without a valid reason when summoned, which was deemed as waiving the right to cross-examination, and also failed to provide evidence to prove that the loan had been repaid. Based on the evidence in the case, the court determined that the private lending relationship existed, and ruled that the borrower should repay the remaining loan of 35,000 yuan and the interest thereon.
[Source]The official website of the Intermediate People's Court of Pingxiang City, Jiangxi Province (Lianhua County People's Court) published an article titled "If the Original Loan Note Is Lost, Can You Still 'Win' the Lawsuit?" (2024-12).

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

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. In case of disputes, please consult a practicing lawyer in time.