民间借贷纠纷中保留证据是关键，哪些材料可作为证据?

It is the key to retain evidence in private lending disputes. What materials can be used as evidence?

　　民间借贷多发生于熟人朋友间，大家的法律意识薄弱，交易法律手续不完善，很容易产生纠纷。当纠纷产生，保留好证据是关键，哪些材料可以作为证据保留呢?我们一起看下文的详细介绍!　　民间借贷主体的法律意识淡薄，交易法律手续不完备，借贷行为隐秘性强，容易引起法律纠纷。小编在此提醒，借贷双方一定要保留好证据。

　　一、保留好证据的重要性有哪些?

　　根据《民间借贷规定》第十六条规定：原告仅依据借据、收据、欠条等债权凭证提起民间借贷诉讼，被告抗辩已经偿还借款，被告应当对其主张提供证据证明。

　　被告提供相应证据证明其主张后，原告仍应就借贷关系的成立承担举证证明责任。被告抗辩借贷行为尚未实际发生并能作出合理说明，人民法院应当结合借贷金额、款项交付、当事人的经济能力、当地或者当事人之间的交易方式、交易习惯、当事人财产变动情况以及证人证言等事实和因素，综合判断查证借贷事实是否发生。

　　现实中，原告提起诉讼往往仅依据借据等债权凭证或者仅依据金融机构转账凭证作为证明借贷关系已经发生的证据，如果被告抗辩已经偿还借款，或者被告抗辩转账系偿还双方之前借款或其他债务，在此情况下，就存在着证明责任的承担问题，而不能仅仅依据借据、收据、欠条等，简单地认定借贷关系已经发生以及已经发生的借贷关系的内容。

　　二、哪些材料可作为证据?

　　1、传统证据

　　(1)借条

　　(2)借款合同等

　　2、电子数据证据

　　(1)放款记录：用于证明债权人通过指定账户向债务人实际划付了一定数额的借款。此外，第三方支付公司盖章的放款凭证也可以用来证明债权人通过第三方支付公司将借款交付给了债务人。

　　(2)短信及电话催收记录：可以证明债权人曾多次以各种方式催告债务人还款，延长诉讼时效。

　　(3)代付服务协议和委托书：可以证明债权人通过第三方支付平台进行了相关代付事宜。

　　(4)债权转让通知：可用于证明债权人通过转让的方式获得了债权，并依照法律规定向债务人发送了债权转让通知。

　　(5)居间方后台记录：证明债务人的还款情况及尚未偿付的本金数额。

　　(6)其他合同或者记录：证明其他相关事项。

Private lending often occurs among acquaintances and friends. Everyone's legal awareness is weak and the transaction legal procedures are imperfect, which is easy to produce disputes. When a dispute arises, the key is to retain the evidence. What materials can be retained as evidence? Let's look at the details below! The legal consciousness of private lending subjects is weak, the transaction legal procedures are incomplete, and the lending behavior is secretive, which is easy to cause legal disputes. Xiaobian reminds that both lenders and borrowers must keep good evidence.

1、 What is the importance of keeping good evidence?

According to Article 16 of the provisions on private lending: the plaintiff brings a private lending lawsuit only based on the promissory note, receipt, IOU and other creditor's rights documents. The defendant defends that the loan has been repaid, and the defendant shall provide evidence to prove his claim.

After the defendant provides corresponding evidence to prove its claim, the plaintiff shall still bear the burden of proof for the establishment of the loan relationship. If the defendant defends that the loan has not actually occurred and can make a reasonable explanation, the people's court shall comprehensively judge and verify whether the loan has occurred in combination with the loan amount, payment, the economic capacity of the parties, the local or inter party transaction mode, transaction habits, changes in the parties' property, witness testimony and other facts and factors.

In reality, the plaintiff often brings a lawsuit only based on the creditor's right certificate such as the receipt of loan or the transfer certificate of financial institution as the evidence to prove that the loan relationship has occurred. If the defendant defends that the loan has been repaid, or the defendant defends that the transfer is to repay the previous loan or other debts of both parties, in this case, there is a problem of bearing the burden of proof, not just based on the receipt of loan Receipts, IOUs, etc., simply identify the occurrence of the loan relationship and the content of the loan relationship that has occurred.

2、 What materials can be used as evidence?

1. Traditional evidence

(1) Debit note

(2) Loan contract, etc

2. Electronic data evidence

(1) Loan record: used to prove that the creditor has actually transferred a certain amount of loan to the debtor through the designated account. In addition, the loan certificate sealed by the third-party payment company can also be used to prove that the creditor has delivered the loan to the debtor through the third-party payment company.

(2) SMS and telephone collection records: it can prove that the creditor has repeatedly urged the debtor to repay in various ways and extended the limitation of action.

(3) Payment service agreement and power of attorney: it can prove that the creditor has made relevant payment through the third-party payment platform.

(4) Notice of assignment of creditor's rights: it can be used to prove that the creditor has obtained the creditor's rights through assignment, and sent the notice of assignment of creditor's rights to the debtor in accordance with the law.

(5) Background records of the intermediary: to prove the repayment of the debtor and the amount of outstanding principal.

(6) Other contracts or records: to prove other relevant matters.

Key words:

证据,借贷,证明,被告,借款,债权,发生,债权人,已经