Legal analysis: If the amount of the IOU is greater than the actual loan, you can submit relevant evidence to the court, and the court will make a judgment. Generally, the repayment amount can be reduced. Relevant evidence can provide actual transfer records, or telephone recordings, video materials, etc. for legal processing.
Legal basis: "Regulations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases"
Article 2 When the lender files a lawsuit with the People's Court, it shall provide IOUs, receipts, Credit certificates such as IOUs and other evidence that can prove the existence of a legal relationship between lending and borrowing. If the creditor's rights certificates such as IOUs, receipts, and IOUs held by the parties do not indicate the creditor, and the party holding the creditor's rights certificates files a private loan lawsuit, the People's Court shall accept it. The defendant raised a fact-based defense against the plaintiff's creditor qualifications. After trial, the People's Court held that the plaintiff did not have creditor qualifications and ruled to dismiss the lawsuit.
Article 16 The plaintiff only files a private loan lawsuit based on IOUs, receipts, IOUs and other credit documents. The defendant defends that the loan has been repaid, and the defendant should provide evidence to prove its claim. After the defendant provides corresponding evidence to prove its claim, the plaintiff should still bear the burden of proving the establishment of the lending relationship. If the defendant pleads that the borrowing has not actually occurred and can give a reasonable explanation, the people's court shall combine the loan amount, payment of funds, the financial capabilities of the parties, local or party transaction methods, trading habits, changes in the parties' property, and witness testimony and other facts and Factors, comprehensive judgment to verify whether the loan occurred.