Problems that should be paid attention to when suing for borrowing money without IOUs;
1. Collect evidence of borrowing money
If there is no debt, you can use other evidence, such as bank transfer records, telephone recordings, witness testimony, etc. As long as you can prove the fact and amount of debt. Therefore, it is necessary to provide evidence of lending money to the other party at that time, such as a bank receipt for transferring money to the other party, and if the money is given in cash, a receipt for withdrawing cash from the bank should be printed.
2. Collect evidence of claiming creditor's rights
That is, collecting evidence of asking him for money. This is mainly to prevent the limitation of creditor's rights from exceeding two years. Formally, it can be a "repayment plan" written by the other party, or it can be a form of audio and video recording to prove that the other party has asked for money many times.
3. Collect each other's property information
The purpose of collecting the other party's property information is to make money, mainly including the other party's household registration, house, car, company equity and so on.
Legal basis: People's Republic of China (PRC) Civil Procedure Law.
Article 119 A prosecution must meet the following conditions:
(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case;
(2) Having a clear defendant;
(3) Having specific requests, facts and reasons;
(4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.
Article 120 A complaint shall be submitted to the people's court, and copies shall be submitted according to the number of defendants.
If it is really difficult to write a complaint, it can be made orally, which will be recorded by the people's court and the other party will be informed.
Article 121 A complaint shall contain the following items:
(1) The name, sex, age, nationality, occupation, work unit, domicile and contact information of the plaintiff, the name and domicile of the legal person or other organization, and the name, position and contact information of the legal representative or principal responsible person;
(2) Information such as the name, gender, work unit and domicile of the defendant, and information such as the name and domicile of the legal person or other organization;
(3) the request and the facts and reasons on which it is based;
(4) Evidence and its sources, names and residences of witnesses.
Article 122 Where a civil dispute brought by a party to a people's court is suitable for mediation, it shall be mediated first, unless the party refuses to mediate.