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Pushing financial services, especially loans, has become the latest “big thing” for internet and tech giants as they look to leverage their huge customer base to generate more revenue and profit as growth in their core businesses slows.
When there is a dispute over private lending, such as borrowing money but not paying it back, we all want to solve it through consultation, sometimes it cannot be completely solved through consultation
How to prove the case if the loan is not repaid
Since September 1, 2015, the provisions of the Supreme People’s Court on Several Issues concerning the application of law in the trial of private lending cases have been implemented, which stipulates the burden of proof for private lending behaviors:
- When suing, the lender shall provide evidence of creditor's rights such as receipt, receipt, and debit note, as well as other evidences that can prove the existence of legal relationship of loan.
- If the debtor claims to repay the debt only according to the evidence, receipt, debt note and other credit documents, and claims to have repaid the loan, the debtor shall provide evidence of corresponding repayment.
- The plaintiff who bears the burden of proof refuses to appear in court without proper reasons, and the main facts of the case, such as the act of lending, the amount of lending, and the way of payment, cannot be confirmed after reviewing the existing evidence.
Solutions Consultants' expertise contributed to the superb quality and high standards. Our requirements are satisfactorily met and we are impressed by their dedicated, helpful, and proactive attitude.
Wang Lei
