As the saying goes, it's natural to pay off debts. But some people just don't keep their promises, and when they borrow money, they swear by their promises, snap their chest, turn around and don't recognize their accounts. What should you do to such people? No, Xiao Fang met such a dishonest friend.
Xiao Fang and Xiao Hu usually have a good relationship. They often get together and are good friends. One evening, Xiao Fang and Xiao Hu chatted through micro-mail. Xiao Hu suddenly said that his credit card debt was due, and he was still more than 10,000 yuan short of it. He wanted to borrow 10,000 yuan from Xiao Fang. After two months, he would return the year-end prize to Xiao Fang. Xiao Fang was not a rich man either, but he thought that he was a friend after all, and the gang still had to help, so he agreed. Subsequently, according to Xiaohu's request, 10,000 yuan was transferred to Xiaohu's bank account. But two months later, every time we met, Xiaohu never mentioned the matter of repaying the money, as if it had never happened at all. No way, Xiao Fang had to open his mouth. Never thought, Xiao Fang never borrowed money from Xiao Fang at all. Yes, how can we prove that Xiaofang lent Xiaohu 10,000 yuan without a loan agreement and a loan slip? Xiao Fang can't claim debts, so he has to bring a lawsuit to the court. The evidence he provides is nothing more than the chat record of Weichat and the bank transfer record. So, can the court judge Xiao Hu's repayment by these two evidences?
Electronic data is a new form of evidence in the Internet era. Article 63 of the Civil Procedure Law amended in 2012 stipulates that evidence includes the statements of the parties, documentary evidence, material evidence, audio-visual materials, electronic data, witness testimony, expert opinions and transcripts of investigation. Among them, electronic data is a new form of evidence in the Internet era. Article 116 of the judicial interpretation of the Civil Procedure Law promulgated and implemented on February 4, 2015 clearly states that electronic data refers to information formed or stored in electronic media through e-mail, electronic data exchange, network chat record, blog, micro-blog, mobile phone short message, electronic signature, domain name, etc. It can be seen that the chat record and bank transfer record provided by the small party are the legal evidence form of electronic data evidence.
However, in the trial, Xiao Hu argued that he had lent Xiao Fang 10,000 yuan. The bank transfer certificate showed that Xiao Direction Xiao Hu's account was transferred 10,000 yuan, which Xiao Fang was repaying. As for the content of Weichat, Xiaohu also said that although Weichat account is his own, others also know his Weichat password and deny the content of their Weichat.
The court held that although Xiao Fang and Xiao Hu had no direct evidence of the traditional relationship of debit and receipt, because Xiao Hu acknowledged the authenticity of Weixin account, the chat content of Weixin confirmed Xiao Hu's intention to borrow 10,000 yuan from Xiao Fang, and the bank account and account number issued by Xiao Hu Weixin account were consistent with the bank account and account number that Xiao Fang actually transferred. The court finally decided that Xiaohu should repay Xiaofang's loan of 10,000 yuan.
In our country, most of the private lending relations occur between relatives and friends. Because of the situation, many people are embarrassed to let the other party write debit notes and receive receipts, which easily leads to the passive situation that there is no way to prove evidence and complain. In the context of the Internet era, diversified electronic data evidences such as e-mail, micro-blog, mobile payment and so on have increasingly changed the traditional evidence model, bringing great convenience for proof and increasing the probability of winning a lawsuit. However, electronic data also has its drawbacks, which are easy to be deleted, lost and damaged, and its authenticity is often questioned. Therefore, lawyers suggest that the collection of electronic data is best carried out under the notarization of notaries and the preservation of evidence is conducive to enhancing the credibility of evidence and improving the efficiency of court cases. In addition, we are good at using the "collection" function of Wechat to save the original data in time, so as to avoid the loss of chat content caused by inadvertently deleting the chat records of Wechat when cleaning up the memory of mobile phones. When preserving and collecting, we should pay attention to the coherence and integrity of the chat content, and do not delete it without authorization. Finally, we should collect as much other evidence as possible as possible to support the electronic data, so as not to bear adverse consequences in litigation.
