1. Can I sue if I borrow money without an IOU?
1. For those who do not repay the debt, you can choose to sue, provided that there is evidence and it is within the statute of limitations.
2. The evidence includes IOUs, audio recordings, payment vouchers, etc., and the IOUs should be original and cannot be altered or photocopied in any way.
3. If the date of repayment is indicated, the statute of limitations shall be within 3 years from the date of expiration of the IOU; If there is no repayment date, you can request repayment at any time, within 3 years from the date of the first recovery.
4. After the court makes a judgment, if the other party cannot apply to the court for compulsory enforcement, the debtor can also be detained if he maliciously defaults. In the event of the death of the debtor, it may be paid off from his estate.
2. How to sue if you owe money
1. Payment of litigation fees.
The litigation fees shall be paid in advance by the plaintiff at the time of filing the lawsuit, and the issue of bearing the litigation fees shall be determined according to the circumstances of the case after the conclusion of the case. If the defendant loses the lawsuit, the defendant shall bear all the legal costs; If both parties win, the costs are to be shared between the parties or to be determined by the court.
2. In general, the following materials should be submitted when filing a lawsuit.
1) An original copy of the complaint, with copies according to the number of defendants;
2) Proof of the qualifications of the parties (including plaintiffs, defendants, third parties, etc.);
3) Evidence of the Court's jurisdiction;
4) Other evidence.
3. Evidence to be submitted for private lending disputes.
1) Loan agreement or IOU;
2) If there is a guarantor in the loan relationship, evidence of the guarantee;
3) Proof of delivery and receipt of money by both borrowers and borrowers;
4) Proof of the purpose of the debtor's borrowing;
5) Proof that the debtor should pay interest;
6) If the creditor requires the debtor to repay the overdue interest, or the unscheduled interest-free loan is not repaid after being recalled, and the creditor requests the repayment of the interest after the reminder, there shall be evidence that it is not repaid when due or after being reminded;
7) If the debtor's whereabouts are unknown, there shall be relevant evidence to prove the authenticity of the creditor's rights certificate and the repayment of debts;
8) Proof of payment and interest.
Cited legal 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.
2] Article 63 of the Civil Procedure Law of the People's Republic of China.
3] Article 121 of the Civil Procedure Law of the People's Republic of China.
4] Article 119 of the Civil Procedure Law of the People's Republic of China.
5] Article 188 of the Civil Code of the People's Republic of China.
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