It is a fact that relatives and friends borrow money, and it is often embarrassing to ask the other party to issue a debit note. In the event of a dispute, there may only be the only evidence of bank transfer documents. Can I get the loan back only by the transfer record? According to Article 17 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases, the plaintiff filed a private lending lawsuit only on the basis of the transfer certificate of financial institutions, and the defendant argued that the transfer was to repay the previous loans or other debts of both parties, and the defendant should prove his claim with evidence. After the defendant provides corresponding evidence to prove his claim, the plaintiff should still bear the burden of proof for the establishment of the loan relationship. It can be seen that if the other party can't prove that both parties have other debts before, they can get back the loan with the transfer record.
There is no such provision in the law, but the private lending contract is a practical contract, and it can only be established if the money is actually lent to the outside world, so the judge will generally verify how it is lent out, such as cash or bank transfer, and if it is bank transfer, a voucher must be provided!
Without this rule, if you borrow cash, you can't have a transfer voucher, but the more information you can provide, the better it will be for you at the trial. The law stresses evidence. If you borrow money from others, you must ask others to give you an iou. There is no such provision, but in order to protect the interests of both parties, it is best to have a voucher for the payment of funds, so that both parties can't figure out the dispute. The person who gives cash must have a receipt. It is recommended to use bank transfer, and the transfer record itself can be used as a voucher.