Keep evidence for borrowing and repaying loans; lack of evidence makes defense difficult.

Compiled from: Laiyang City People's Court

Case Review

Xiao Yang and Xiao Zheng had been in a relationship for many years. During that time, they planned to buy a car. Because they did not have enough money for the purchase, they agreed that Xiao Yang would borrow from relatives and friends to cover the shortfall. Xiao Yang then borrowed 40,000 yuan from a close friend, Xiao Yu, who agreed and delivered the funds to Xiao Yang. The purchased vehicle was registered under the name of Xiao Zheng’s mother. Later, problems arose in Xiao Yang and Xiao Zheng’s relationship, and the two ultimately did not marry and broke up. Regarding the purchased vehicle, Xiao Yang demanded repayment of the 40,000 yuan borrowed for the car from Xiao Zheng’s mother. Xiao Zheng’s mother claimed that her daughter, Xiao Zheng, had already repaid the money to Xiao Yu and that Xiao Zheng had informed Xiao Yang of this via WeChat, so no further repayment should be made to Xiao Yang.

Xiao Zheng's mother submitted to the court the WeChat chat records between Xiao Zheng and Xiao Yang. The chat records showed that Xiao Zheng asked Xiao Yang whether he was at home and said: “I'm going back to give Xiao Yu the money. Is cash okay?” Xiao Yang replied: “Sure.” Xiao Zheng then sent Xiao Yang a photo of 50,000 yuan in cash and said: “Give Xiao Yu 40,000.” Xiao Yang did not reply.

Can a "cash photo" prove repayment? Wang Jingjing, deputy chief judge of the Chengxiang People's Tribunal of Laiyang City People's Court, stated that in this case, the "cash photo" could only prove that Xiao Zheng once held the 40,000 yuan in cash and claimed that he intended to return it to Yu, but whether the repayment was actually made was not confirmed by Xiao Yang, nor did Xiao Yu acknowledge the repayment or was there any other evidence to corroborate the alleged fact of repayment. Therefore, the submission of this evidence failed to meet the statutory "standard of proof" and did not produce the effect of "excluding reasonable doubt." In the end, the court did not admit the probative content of this evidence.

Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China

Article 90

The parties concerned shall provide evidence to prove the facts on which their claims are based or the facts on which they rebut the other party's claims, unless otherwise provided by law.

If a party fails to provide evidence or the evidence is insufficient to prove its factual claims before a judgment is made, the party bearing the burden of proof shall bear the adverse consequences.

[4] Author's Opinion

When preserving chat evidence, one should promptly confirm whether the other party has received the chat content or obtained their acknowledgment. Especially in cases involving cash transactions, it is even more important to retain direct payment evidence confirmed with the counterparty, including receipts, WeChat confirmations, audio recordings, etc., so as to form a complete chain of evidence that is interlinked and mutually corroborative, thereby better supporting one's own arguments and proving objective facts.