Some WeChat friends will encounter situations where their friends borrow money from them through WeChat. However, when talking about borrowing money on WeChat, they do not ask their friends to write an IOU or write a note. If they meet a boss and owe money, If you don’t pay it back, what should you do? So, can WeChat chat records be used as evidence for borrowing money? Let’s take a look at today’s WeChat tutorial!

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In recent years, judicial practice has revealed that more and more private lending dispute cases involve the use of online chat records as evidence, which is the best example.

As a kind of electronic evidence, online chat records have the characteristics of data, diversity, easy duplication, and destructibility. In private lending cases, the use of online chat records as evidence should meet the following three conditions:

1. Online chat records must be authentic when used as evidence in private lending cases.

The authenticity of online chat records includes two aspects. On the one hand, it is the authenticity of the subject, that is, the online chat records are records of chats between real lenders and borrowers. In practice, the online chat records submitted to the court by parties are mostly QQ and WeChat chat records. The chat subjects displayed on the QQ chat record and WeChat chat record interfaces all have specific nicknames. The person responsible for producing evidence needs to provide evidence to prove that the nickname represents The person and the borrower or lender are the same person, which can be proved by going to the corresponding service provider that provides chat software services to retrieve the identity information of the QQ and WeChat number registrants.

On the other hand, the authenticity of online chat records is reflected in the authenticity of the content. Since online chat records are supported by computer data technology, they are easy to copy and destructive. During the data extraction process, they can be copied, modified and deleted through specific computer technology. Therefore, in the process of extracting online chat records, It is crucial to ensure the authenticity of chat records. In practice, the person responsible for proof can hire technical personnel from a service provider that provides chat software to extract information or bring the extracted chat records to a notary office for notarization, or seek qualified witnesses to testify and conduct chat records under the supervision of witnesses. Extraction, these methods can ensure the authenticity of chat records. The way to save chat records can be to take pictures or screenshots of the chat interface on a mobile phone or computer and then print it. It can also be to extract the chat records through specific technology and then print or store them in a specific device or medium. The device or media is submitted to the court.

The authenticity of chat records can be achieved in judicial practice in the following ways:

One is through self-recognition, that is, the chat records recognized by both parties can be recognized as authentic chat records;

Second, online chat records that have been authenticated by professionally qualified institutions or individuals or notarized by a notary department can be used as evidence to determine the facts of the case in private lending cases;

Third, qualified witnesses can prove that the online chat records are authentic by testifying or valid witness testimony, which can be used as evidence.

2. When online chat records are used as evidence in private lending cases, they must be complete and relevant.

Integrity means that online chat records used as evidence in private lending cases must be complete in form, including that online chat records must be presented in a legal and complete form, that is, online chat records must be legally recognized evidence. Presented in various forms, including text chat records and videos Chat records, voice chat records, etc.; on the other hand, the content must be complete, that is, when the person with the burden of proof submits the online chat record as evidence, he must submit the entire online chat record in full, and cannot only submit the part that is beneficial to him/herself , and the parts that are unfavorable to you will be deleted or not submitted.

The relevance of online chat records means that the content of online chat records used as evidence in private lending cases must be related to the lending facts of the private lending case, including that the chat records have a substantial connection and legal connection with the facts to be proved. For example, the chat record mentions the amount of the loan, the delivery method of the loan, the purpose of the loan, the agreement on loan interest, the time of loan and repayment, etc. These are all important facts and facts that need to be ascertained in private loan cases. Legal definitions are of great significance.

3. Online chat records are used as evidence in private lending cases and need to form an evidence chain with other evidence.

The main evidence in private lending cases is the IOU or loan agreement, and the loan payment voucher. When there is an IOU or a loan agreement that clearly stipulates the borrower's information, the amount of the loan, the purpose of the loan, the payment method of the loan, and the calculation method of the loan interest, and is supported by the loan payment voucher, the online chat record serves as a Supporting evidence supports the facts of the loan. In this case, online chat records serve as auxiliary evidence and naturally form a chain of evidence with the IOU or loan agreement.

However, in judicial practice, some borrowers do not issue an IOU or sign a loan agreement to the lender, but propose a loan to the lender through online chat. After the lender pays the loan to the borrower, it is difficult to recover it, causing disputes. In this case, the online chat records containing the discussion between the lender and the borrower about the loan have become key evidence. However, it is still difficult to determine the facts of the case based on the online chat records alone.

Therefore, if there is no IOU or loan agreement, but there is evidence such as bank transfer vouchers, mobile banking transfer records, and lender’s call recordings to collect the loan, then the online chat records can form a complete evidence chain together with these evidences to prove The existence of the fact of lending between the lender and the borrower, and the online chat records can be regarded as evidence with evidentiary effect.