What if the loan is torn by the other party?

Rights protection methods of tearing up IOUs

Nowadays, the phenomenon of private lending is becoming more and more common, and the economic disputes caused by it are also increasing year by year. Then, how can we defend our rights after the private lending loan is torn up? Below, I sorted out the rights protection methods of torn IOUs for your reference.

A case of tearing up the rights protection method by borrowing money.

primary facts

At the beginning of last year, Zhang Fu, Zhang Chuan and Yu Kun (both pseudonyms) from Dianjiang County jointly built a house in a town in Dianjiang County, but this seriously affected the lighting and sunshine of the neighbor Lao Wang's house. On February 20th last year, the two sides decided through consultation that Zhang Fu and others should compensate Lao Wang for 32,000 yuan, which will be paid on February 3rd1day of the same year. They also wrote an IOU to Lao Wang. Later, he defaulted on his debt, and after defrauding it, he tore it up and discarded it on the spot. When Lao Wang was in debt, he went to the police. As it was a civil dispute, after investigation, the police asked Lao Wang to recover the debt through legal channels. However, Zhang Chuan and others refused to acknowledge the copy.

court decision

The investigating judge said that although the debt owed by Lao Wang is a copy, combined with Zhang Fu's statement in the public security organ and the receipt issued by the police, these two materials are enough to prove that the debt is objective and true. Therefore, the court rejected the defendant's defense that "this iou is a copy and an orphan's card".

Lawyer's view

In recent years, disputes over private lending have increased day by day. In such disputes, IOUs are often the most direct and powerful evidence for the court to determine the facts. However, due to the weak legal awareness of the parties and insufficient understanding of the importance of IOUs, it is easy to lead to the dilemma of obtaining evidence. Therefore, as a private lender, when borrowing money, the lender should ask the borrower to issue an IOU in time, and indicate the basic information such as the loan amount, repayment period and interest on the IOU. At the same time, in the process of repaying the loan principal and interest, the borrower should ask the lender to issue a receipt in time, or indicate the repayment situation on the loan slip and sign it by the lender to prevent unnecessary disputes in the future. On the other hand, in order to improve the understanding of the importance of IOUs, it is necessary to properly keep IOUs and IOUs to prevent them from being lost or damaged, and not to give them to others at will, so as to prevent the IOUs from being torn up by the parties and causing difficulties in proof. After obtaining the IOU, the parties concerned should copy and take photos to keep the evidence, so as to avoid the loss of the original and the inability to file a lawsuit with valid evidence. When remittance is made through a bank account, because the debit note is not written on the spot, it can be recorded before and after the remittance to let the other party admit that it is a loan, or an debit note can be typed to prove that the remittance is actually a loan.

Extended reading

Conditions for offset of creditor's rights and debts

1. The debts and creditor's rights between the offsetting party and the offset party are mutually liable.

Mutual creditor's rights and mutual debts are the preconditions for both parties to exercise offset. In addition, the two creditor-debtor relationships between the parties must both exist legally. Any of these debts is illegal and it is not allowed to claim set-off.

Two, offset debt must be the same payment.

If the subject matter of mutual debts is different, if offset is allowed, it will inevitably make it difficult for one or both parties to achieve their goals. Usually the same currency or fifteen currencies to offset. If the products are of the same kind but of different quality, it should be allowed if they are offset by products with higher quality and products with poor quality, and there is no harm to the offset. If the subject matter of one or both parties' creditor's rights is a specific subject matter, in principle, offset is not allowed, especially when the creditor's rights of a specific subject matter are offset by a certain kind of creditor's rights.

Three. The debts of both parties must be paid off.

Offset has the function of mutual repayment, and can only be offset when the debts of both parties reach the repayment period. Because the debt has not reached the repayment deadline, the creditor can't demand performance, so it can't be offset by its own creditor's rights, otherwise it is tantamount to forcing the debtor to pay off before the repayment deadline.

In principle, if the repayment period interest is designed for the debtor, the debtor must pay off in advance. At this time, the debtor claims to offset his debts with the debts due from the other party. It can be considered that he has given up the regular interest and should be allowed to offset.

Four, the two sides apply offset debt is offset debt.

The debts that cannot be used for offset are roughly as follows:

1, which cannot be offset in nature. For example, the debt of inaction, the debt of providing services, and the debt that is inseparable from the person, such as pension, pension, alimony, etc.

2, the law shall not be offset. Such as: debts that are forbidden to be enforced (keeping the necessities of life of the executed person); If the debts incurred due to intentional infringement are allowed to be offset, it will violate public order and good customs; Debt agreed to be paid to a third party.