In private lending disputes, if there is no transfer certificate, the possibility of winning the lawsuit may be affected to a certain extent, but it is not absolute. To determine whether the case can be successful, it is necessary to comprehensively consider other evidence and specific circumstances.
The transfer voucher is one of the important evidences to prove that the loan relationship actually occurred, but it is not the only evidence. Here are some of the factors that may help win a case:
1.Loan contract or IOU: If there is a written loan contract or IOU that clearly states key information such as the amount of the loan, the information of the borrower and the lender, and the time of the loan, this can be used as strong evidence.
2.Witness or witness testimony: If a third-party witness can prove the existence of a loan relationship, or someone else can provide testimony to support your claim, this can also increase the likelihood of winning the case.
3.Communication records or chat records: If there are relevant communication records during the loan process, such as text messages, WeChat chat records, etc., which can prove that the two parties have negotiated and confirmed the loan matters, this can also be used as evidence.
4.Repayment or admission of borrowing: This can also be used as evidence if the borrower has made repayments or has otherwise admitted the fact of borrowing.
5.Other relevant evidence: In addition to the above evidence, other evidence related to the loan relationship can also be considered, such as call recordings, emails, etc.
However, the absence of proof of transfer may make it more difficult to prove the loan relationship, as the court needs sufficient evidence to be convinced of the existence of the loan. If the other party denies the loan or raises a defense, further investigation and evidence may be required.
When facing private lending disputes, it is recommended to consult professional legal advice in a timely manner to understand the specific legal procedures and evidence requirements. Lawyers can assess the sufficiency of evidence on a case-by-case basis and provide advice and guidance accordingly to improve the chances of winning the case. At the same time, when carrying out lending activities, try to use written form and keep relevant documents to avoid potential disputes and risks.