To deal with the situation that there is no loan contract, the parties need to provide other evidence to prove the legal facts of the loan according to law, and deal with it through negotiation and litigation. The parties may collect electronic data, witness testimony and other types of evidence according to law.

legal ground

Article 63 of the Civil Procedure Law of People's Republic of China (PRC)

Evidence includes:

(a) Statements of the parties;

(2) Documentary evidence;

(3) Physical evidence;

(4) Audio-visual materials;

(5) Electronic data;

(6) Testimony of witnesses;

(7) Appraisal opinions;

(8) Records of the inquest.

Evidence must be verified before it can be used as a basis for ascertaining facts.

Article 2 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases.

When the lender brings a private lending lawsuit to the people's court, it shall provide debt vouchers such as IOUs, receipts and IOUs that can prove the existence of the legal relationship between lending and borrowing.

If the creditor's rights certificate such as IOUs, receipts and IOUs held by the parties does not specify the creditor, and the party holding the creditor's rights certificate brings a private lending lawsuit, the people's court shall accept it. The defendant raised a factual defense against the plaintiff's creditor qualification, and the people's court ruled that the plaintiff did not have the creditor qualification after examination and dismissed the prosecution.