Current location - Loan Platform Complete Network - Loan intermediary - Is it possible to sue for unjust enrichment after losing the private lending case? My case is like this: A private loan of 3.68 million yuan was lost because there was no IOU, but the other party did
Is it possible to sue for unjust enrichment after losing the private lending case? My case is like this: A private loan of 3.68 million yuan was lost because there was no IOU, but the other party did
Is it possible to sue for unjust enrichment after losing the private lending case? My case is like this: A private loan of 3.68 million yuan was lost because there was no IOU, but the other party did not

It should be no problem, you can sue. Eighty percent of the reason why debt lawsuits are lost is because the loan relationship cannot be determined. Read the judgment carefully and see if the fact that you transferred 3.68 million to them is recognized in the fact finding section. If so, it will be easy to handle. If not, there is no problem. big. If you sue for unjust enrichment, your evidence is sufficient and the bank can give you sufficient proof.

Mediation recordings can be used as evidence, but they have no effect. Because additional concessions are allowed during mediation. For example, in some lawsuits, the defendant may find it troublesome and take the initiative to offer compensation during mediation. This does not mean that the other party acknowledges the plaintiff's claims. However, if in this recording the other party admits the fact that he borrowed money from you, it will be more effective. If you want more recording evidence, you can also call and record again. Be careful to ask if it is XX at the beginning to fix the identity of the other party, otherwise the judge will not know who answered the call.

The disadvantage of suing for unjust enrichment is that you cannot get the original interest on the loan. Although the mainstream view is that interest must be paid when unjust gains are returned, this interest is calculated based on bank interest, which is much lower than ordinary private loans. For related cases, you can search on Baidu and find a report on the China Rule of Law Network.

The last thing I want to say is, this is 3.68 million, how can you not issue an IOU? How trustworthy is this? And if there is a problem, don’t ask it in a place like Baidu. This The case is completely worth consulting with a full-time lawyer.