Tiếng ViệtLending money to a friend but not making loan documents, giving cash, and when the appointment comes, you turn around and say you didn’t borrow or pay back, what should I do?
✍️ Many of you are facing and wondering about this question, let’s read the article below with Minh Law:
⛳️ According to the provisions of Article 463 of the 2015 Civil Code, a property loan contract is an agreement between the parties, according to which the lender transfers the property to the borrower.
⛳️ However, according to the provisions of Article 119 of the 2015 Civil Code on the form of civil transactions, a property loan contract can be established orally, in writing or by specific actions.
Can I claim debt if I lend money without documents?
Can I claim debt if I lend money without documents?
⚖️ According to Article 117 of the 2015 Civil Code, the conditions for the validity of civil transactions must meet all the prescribed conditions.
⛳️ In case the borrower intentionally does not cooperate, the lender will file a lawsuit in court, according to Article 186 of the 2015 Civil Procedure Code, which stipulates the right to file a lawsuit. In addition, if the borrower absconds and does not repay the debt, this person can be denounced for the crime of abuse of trust and appropriation of property according to Clause 35, Article 1 of the Law amending the 2017 Penal Code.
✍️ The settlement of civil matters in criminal cases will be carried out together with the settlement of criminal cases, according to Article 30 of the 2015 Criminal Procedure Code.
👉🏻 Thus, when you lend money without any documents and cannot collect the debt, you can file a lawsuit in court. To file a lawsuit, you need to prove that the loan was expressed verbally in a recording or with confirmation from the borrower via email, text message, other electronic means… this will be an important basis for the Court to make a decision.
⚖️ Many cases of resolving disputes related to lending money without proof of documents encounter many difficulties. Therefore, the lender should establish a loan contract in writing to have evidence to prove and ensure debt collection later.
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