Lending money among relatives often occurs without a written IOU due to face value, merely through oral agreements. Once the borrower fails to repay on time or denies the loan, many people worry: without a written IOU, can the money still be recovered?

  The answer is: it is not absolute that the money cannot be recovered; the key lies in whether it is possible to prove the two core facts of “loan agreement” and “funds delivery.” A written IOU is not the only evidence to recognize a civil loan relationship. As long as there are other evidence to support each other, forming a complete evidence chain, the court can also recognize the establishment of the loan relationship.

  In judicial practice, evidence that can be used as supporting evidence includes: WeChat and SMS chat records (which can reflect the loan amount, purpose of the loan, repayment time, etc.); call recordings (where the borrower explicitly acknowledges the loan); bank statements, WeChat or Alipay transfer records (to prove the actual delivery of funds); as well as witness testimony from individuals without a direct interest. The core is to prove that this money is a “loan,” rather than a gift, living expenses, or social interactions.

  In reality, the greatest risk is: not noting the transfer, not mentioning the loan in chats, and only having an oral agreement. Once the borrower disputes that it is a gift or other funds, and the lender cannot prove the loan agreement, there is a high probability of losing the lawsuit. Therefore, even if a formal IOU is not written, it should be noted “loan” when making a transfer, clearly stating the loan amount and repayment time in the chat, and retaining simple written records.

  If there is no IOU, it is also possible to provide evidence after the fact: through WeChat communication, actively mentioning the loan amount, reminding the borrower, and guiding the borrower to confirm the loan fact and retaining the reply; systematically organizing transfer records, chat records, recordings, and witness testimony to form an evidence chain, and then you can sue the court for rights protection.

  It should be especially noted: there is a limitation period for claiming a debt, generally three years after the expiration of the repayment period; during this period, reminders can interrupt the limitation period, but it is necessary to keep records of reminders.

  Family loans require clear accounting. Face value is face value, and rules are rules. Keeping records in advance can preserve family ties and avoid future litigation. If there is a default on the loan, with sufficient evidence, the law will protect the legitimate rights and interests of the lender in accordance with the law.