The beginning was serious, and the opposite side was scared by me and called the police!
Chapter 193 You are really a pair of crouching dragon and phoenix
Chapter 193 You are really a couple of crouching dragon and phoenix
No matter what Ma Ming said.
Meng Lei had no intention of paying back the money.
He also complained that he was unreasonable, stingy, disregarding the friendship of classmates, and only knew that he wanted money.
This directly blew up Ma Ming.
"If you don't pay back the money, believe it or not, I will sue you in court!"
under anger.
Ma Ming directly sent a harsh word to the other party.
"Yo? The court sued me? It's only a few dollars, are you sure the court will accept it?"
Meng Lei also tore his face directly and sneered.
He completely ignored his threats and warnings.
even……
He blocked Ma Ming directly.
All subsequent messages from Ma Ming had an exclamation mark.
"Piss me off, piss me off!"
Ma Ming gripped the phone tightly, trembling with anger.
He didn't expect...
After the two sides tore their faces apart.
Meng Lei didn't speak politely, if he said he would be blocked, he would be blocked.
Those who owe money can be so confident.
He also kept saying that he was stingy.
"I was blind, I knew such a thing back then!"
He cursed harshly.
It just feels so disgusting.
Although the money was not much, he earned it every penny.
It wasn't from the wind either.
He just wanted his money back, but he was disgusted.
Now, in order to avoid debts...
He also blocked him backhandedly.
"No, I can't just let him go!"
Ma Ming lowered his head, the more he thought about it, the more angry he became.
Meng Lei...
Usually used to take advantage of the small.
During college, I heard that the people in his dormitory were not happy with him.
He never took the initiative to buy the shared daily necessities, and all he used were from his roommates.
I usually find someone to borrow money when I have nothing to do.
When borrowing money, he said all kinds of good things, such as what encountered difficulties recently, he will definitely pay back as soon as possible in the future.
After borrowing money.
Suddenly pretending to be okay.
Later, because the borrowed money was not much...
The classmates who lent it were also embarrassed to catch him and ask for it.
This kind of behavior really disgusted him.
"Go to the forum and ask first."
After half an hour.
Ma Ming took a deep breath and logged into the forum.
In the law study section of the forum, a post was posted.
"I have a friend who owes me a little money, not much, but he refuses to pay it back, and now he has blocked me, can I sue him? "
in the post.
He described in detail the "grievance and entanglement" with Meng Lei.
The two got along very well during college.
But after graduation...
Because of work, different places and other reasons, there is almost no contact.
This time the loan failed, and the two parties broke up.
The other party blocked him directly.
It didn't take long.
Those netizens in the Fa-study zone started erupting one by one.
The first floor: Good guy, I always feel that the host is talking about me. I lent out several hundred yuan two years ago, and I haven't asked for it back yet.
The second floor: With reliable friends, borrowing money and repaying money is actually nothing. The most fearful thing is to meet those who are not trustworthy.
Third Floor: As the saying goes, if you borrow and repay, it is not difficult to borrow again. It is actually better for such people to find out earlier.
Fourth floor: Private lending disputes seem to be civil lawsuits, right?
Fifth floor: Support the landlord, sue him!
Sixth floor: I just helped the landlord with Baidu. If you want to sue for a loan dispute, you must first write the indictment, and then bring the indictment, ID card, and the original or copy of relevant evidence to the place where the accused person is registered, or has lived for more than one year. to file a lawsuit in the court of the place of habitual residence.
Seventh floor: It seems that the issue of territorial jurisdiction is involved. Civil dispute cases need to be prosecuted in the jurisdiction.
Eighth floor: I think it's best to have evidence, if there is no evidence, everything is useless.
Ninth floor: Did the host write any IOUs, receipts, or transfer records?
Tenth floor: In fact, it is better to find a professional lawyer for consultation, which is more reliable.
Eleventh floor...
Reply one hop increase.
Looking at the replies from these netizens, Ma Ming couldn't help frowning.
Many netizens have given suggestions.
For example, to file a lawsuit, you need to go to the place of household registration or permanent residence of the accused.
This type of case is different from criminal disputes and has jurisdictional disputes.
For example, he lives in Qianzhou now.
The other party is in another city.
If he wants to sue, the court in the Qianzhou area will not accept it.
The right court must be found.
Also.
That's the piece of evidence.
A year ago, when he borrowed money, he didn't think so much.
Cash is given directly.
Because she trusted Meng Lei too much, she didn't write a receipt.
That is to say...
He has no evidence whatsoever.
If it is an electronic transfer, at least you can find the transfer record by checking the bill.
"Isn't that... there is no way to sue?"
See this class.
Ma Ming's face could not help but become ugly.
When I first borrowed money...
He hadn't thought of this situation at all.
in fact.
Many loans between friends rarely write IOUs or the like.
Write an IOU, but it will show the emotional identity of the two people.
It will be embarrassing for both parties.
In the absence of an IOU and other evidence, the other party can completely deny it.
"How about... go find up?"
Think left and right.
Ma Ming clicked on Xiaopozhan and opened a certain account that he followed.
Sent a private message for help.
"Up, I'm a loyal fan of Ni, I watch every video, and I never fall behind. Now I have a problem..."
In private messages.
He described the problems he encountered in detail.
I hope Qin Mu can show him a clear path.
Qin Mu's horror is obvious to all.
In the previous videos, I have also helped other people to solve some difficult troubles.
For example, house occupation case, parrot case, bride price case...
……
The next day.
Shanshui Garden District.
seven in the morning.
Qin Mu got up as usual and stretched.
He immediately opened Xiaopozhan, intending to check the situation of the video he posted yesterday.
"In one night, the number of broadcasts exceeded one million again, and the number of fans is almost 500 million."
Just as he expected.
With the bonus of 2000 lucky points, the exposure of the video is huge.
His fan base is also growing steadily.
Not surprisingly.
The final playback volume of this video can reach 1000 million.
Coupled with the handling of other platforms...
More people will see how to deal with such incidents.
"I just hope that there will be fewer vulgar marriages in the future."
Qin Mu couldn't help but sigh with emotion.
No one wants to see the tragedy of one death and three injuries at the wedding scene.
If the quality of these people can be improved a bit, and they know more about the law...
Nor will this happen.
"what?"
Subsequently.
Qin Mu noticed that a fan named "Niu Ma" sent him a private message.
Can't help but some tears welled up.
This is also the only private message in the background of his account.
Ever since he discovered the base of "Ma Xiaotiao", the netizens of Xiaopozhan have collectively entered the forum.
Not even reminders.
So he noticed this private message at a glance.
with doubt.
He clicked on the private message, and soon saw the "horse" asking for help.
"I don't pay back the money I owe..."
In a private message.
"Niu Ma" expressed distress.
He couldn't ask for money, but was blocked by his friends instead.
And the money lent out in the past...
It was delivered in cash, and there was no IOU, just a verbal agreement.
Not even a third person was there yet.
It's like saying...
For this lending behavior, this "ox and horse" has no evidence at all.
"If you want to get the money back, I'm afraid it will be a little troublesome."
Qin Mu frowned and muttered.
This situation...
Many people have encountered it in reality.
There are no IOUs or IOUs, it is purely a verbal agreement, and it depends on the other party's self-consciousness.
If the other party is unconscious and untrustworthy after borrowing money...
That's almost just bad luck.
If there is no evidence to go to court, it is a question of whether to allow the case to be filed.
Think carefully.
Qin Mu sent a message back to this "horse": "You add my personal contact information first, and I will tell you in detail later."
After sending the message.
Then he got up and washed, ready to go to the nursing home.
……
Ganzhou.
An office building.
Programmer Ma Ming had just arrived at the company when he suddenly saw a private message pop up on his phone.
"Up back to me?"
Seeing this news, he couldn't help being a little excited.
To know.
Qin Mu's account now has almost 500 million followers.
There must be countless private messages every day.
Being able to notice his news from such a large number of private messages can only show that he is very lucky!
Followed by.
He quickly copied the contact information and added Qin Mu.
After ten minutes.
Friend verification passed.
Ma Ming took a deep breath and organized the words in his heart repeatedly.
Greeting: "Good morning up, I am sorry to disturb you."
between words.
He tried his best to show his sincerity and respect, for fear of arousing Qin Mu's resentment.
As a fan of Qin Mu.
He respected and feared Qin Mu at the same time.
I like to watch videos because I can see those gratifying solutions in the videos and learn a wave of useful knowledge by the way.
afraid……
The main reason is that Qin Mu's lethality is really too great, regardless of enemy or friend.
Wherever he goes, nothing grows.
In the last video, the behavior of "man-made deserted villages and collective imprisonment" was also carried out in a certain village.
If it wasn't for Qin Mu pointing from behind...
That village would never have suffered such a catastrophe.
"Hello, it's fine for us to talk about friendship between peers, you don't need to be polite."
And it didn't take long.
Qin Mu, who was fishing in the nursing home, also saw Ma Ming's greeting and replied.
Ma Ming saw this.
Wiping off his cold sweat, he quickly replied: "Don't dare."
joke.
He was tired of discussing friendship with Qin Mu's peers.
in the forum.
Those jokers were sent in without saying hello when they saw Qin Mu.
In the newly updated video...
The women in the gallery were also sent in.
With this level of lethality, he really didn't dare to argue with Qin Mu's peers.
nursing home.
Seeing Ma Ming being so polite, Qin Mu couldn't help twitching the corner of his mouth a few times.
He simply asked straight to the point: "I read your private message, do you want to sue the other party for owed money?"
On the way to the nursing home.
He thought about the solution to this problem in detail.
"Yes, I'm going to sue him, up, you don't know, wow, that friend of mine... is so inhuman, he treated you like a brother when he borrowed money, and became a master directly after borrowing money."
In seconds.
Ma Ming sent a tearful complaint.
Said that he must sue the other party.
"If you want the court to file a case for trial, you need to have enough evidence to prove that the other party owes money. Do you have witnesses, videos, and recordings?"
Qin Mu thought for a while, and asked again in detail.
If there is no direct evidence...
If there is supporting evidence, it is also possible.
For example, if the behavior of borrowing money at that time was under surveillance, you can apply to find the surveillance video and recording at that time.
If there is a witness or guarantor, the guarantor can be used as evidence.
"No, it was just the two of us at the time, and there was no surveillance."
the other side.
Ma Ming replied truthfully.
Seeing Ma Ming's reply, Qin Mu frowned again.
Then he asked: "Then in the chat records between you, have you talked about borrowing money?"
If there is not even supporting information and evidence, then the problem will be more troublesome.
This "cattle and horse" loan event happened a year ago.
The validity period of the lawsuit for borrowing money has not expired.
The law stipulates that the litigation period for loan disputes is within three years.
If it lasts for three years without asking the debtor for the debt, even if the lawsuit goes to the court, the court will reject the lawsuit on the grounds that the lawsuit period has exceeded.
This rule...
The main purpose is for the efficiency of the judiciary and to avoid ineffective investigation of old accounts, so as not to waste time.
The thing about borrowing money...
The longer it goes, the harder it is to find out.
In the absence of evidence, the two sides insisted on their own opinions, saying that the public is justified, and the mother-in-law is justified.
Courts are often confused.
To a certain extent.
Civil cases are more complex and involve more disputes than criminal cases.
In criminal cases, it is only necessary to conduct a trial based on the criminal act and the facts of the crime, and then sentencing.
As for civil cases, it is necessary to consider the actual situation of both parties, sort out the clues, and find out the facts...
"I've mentioned the matter of borrowing money twice before, especially this time, Meng Lei directly tore his face and blocked me."
Ma Ming also quickly gave a reply.
Qin Mu thought for a while, and then said, "If it's convenient, can you send me a screenshot of the relevant chat history?"
This cow and horse thing...
The most troublesome thing is that he has no direct evidence to prove that the other party owes money.
Perhaps this is also the reason why the other party dared to be so unscrupulous.
There is no IOU, no transfer records, and it is almost impossible to prove that he owes money.
It all depends on his self-awareness.
"Okay, these are the chat records of me asking him for money."
Soon.
Ma Ming sent a long list of chat screenshots.
within a year.
The number of chats between the two is very few, and they chatted three times in total.
The first two times were initiated by Ma Ming.
The main purpose is to ask the other party for money.
But the other party always talked about him from left to right, and was still unwilling to talk about this topic.
the third time……
It was yesterday.
The other party came to borrow money, but Ma Ming accused the other party of not paying back the money owed.
The two broke up while chatting.
then……
Ma Ming threatened the other party, saying that he would go to court to sue.
The opponent is also unafraid.
Ma Ming was blacked out with a backhand.
As for the money...
Not at all.
The arrogance of the attitude is evident.
"Up, look... Is there any chance for me to get my money back?"
After a while.
Ma Ming sent another message, and then complained: "Up, you don't know, among our college classmates, there is no one who hasn't borrowed money."
"When he was studying, he had nothing to do, so he asked someone to borrow ten yuan and 20 yuan."
"Many students think that they are all classmates because of face, and they are embarrassed not to borrow money. When they borrow money, they say it nicely, and they will definitely pay it back after two days."
"But now that he has graduated, I heard that he has not paid back the money he borrowed from other classmates."
"I just want to show others that they can get their money back by suing."
Ma Ming was extremely indignant, and sent several more messages.
In the nursing home.
Qin Mu looked at the chat records, and soon thought of a way.
Then type.
Replied: "Although there is no direct or indirect supporting evidence, the money should be returned."
"Can you really come back?"
the other side.
During work, Ma Ming suddenly jumped up excitedly.
Colleagues around all cast surprised eyes.
But he didn't notice at all.
Always immersed in the excitement of getting the money back.
Not much money though.
But it represents an attitude, an uncompromising attitude!
"In the civil procedure law, there is a principle called high probability. If you want to file a lawsuit, you need to go through it."
In the nursing home.
Qin Mu smiled, and then typed a reply: "In the absence of evidence, you can use it to make a factual presumption."
High probability is a technical term in the field of civil litigation.
It is a method of cognition that judges based on the high probability of the development of things, and it is a method of cognition that has to be adopted when the cognition of things fails to meet the conditions of logical inevitability.
Logical necessity refers to necessary and direct evidence.
In the absence of evidence, not enough chain of evidence...
A high degree of probability can be used to complete the facts and make factual presumptions.
For example.
A certain car spontaneously ignited suddenly, but no surveillance captured this scene.
After the fire, the car was completely burned.
The cause of the accident could not be found.
in this case……
It can be tried with a high degree of probability.
If the car owner can prove that the brand of the car sold by the company also has a spontaneous combustion problem, and he has not violated the regulations, the car company cannot prove that it has nothing to do with them, and the main infringement liability can be determined to the other party.
Even if there is not enough evidence, the other party can be punished for infringement.
only……
Civil litigation has extremely strict requirements for a high degree of probability.
When using it, the following criteria need to be met.
[-]. Cannot violate the statutory rules of evidence.
[-]. Prohibition of subjective assumptions by judges.
[-]. The basis for using the standard of proof of high probability must reach the degree of certainty.
[-]. Cases are determined based on the standard of highly probable proof, and the facts of the case are not allowed to be determined only on the basis of weak evidence.
[-]. The standard of proof of principle of high probability requires that the evidence finally identified can be mutually verified to form a complete chain of evidence and draw the only proof conclusion.
It is more harsh to use.
Ordinary lawyers can't fight this kind of lawsuit at all.
For example, a well-known theory, "Why did you help if you didn't bump into it?" This is an obvious subjective assumption.
This cannot be used as a highly probable criterion for judging a case.
When this rule applies...
The evidence that needs to be presented by both the plaintiff and the defendant has a huge gap in advantages and disadvantages, and the evidence of one's own side has reached a certain degree of certainty and can be mutually confirmed to draw a unique conclusion rather than a possible conclusion.
"So, as long as the evidence you provide can prove that the other party has indeed borrowed money from you, combined with the other party's reaction, under the inference of common sense logic, it can be determined that the other party has borrowed money from you."
Qin Mu paused.
Then he said: "In your chat records, you asked the other party to pay back the money several times, but the other party did not refute it. Under common sense logic, it shows that the other party is wrong."
Normally.
If he didn't owe money, he definitely wouldn't be talking about him.
If the loan amount is relatively large, it can be inferred that the other party has borrowed money based on factors such as the other party’s delivery certificate, payment ability, transaction habits, consumption conditions during the borrowing period, the relationship between the parties, and the delivery details stated by the parties.
That is, the other party "accidentally" obtained a sum of money.
"By the way, I haven't asked you yet, how much did you borrow from the other party?"
At last.
Qin Mu asked suddenly.
The more money you borrow, the easier it is to fight this lawsuit.
The money obtained by "accident" will be clear at a glance as long as you know the consumption situation of the other party.
If you have borrowed tens of thousands.
There will be many abnormalities in the other party's consumption behavior, payment vouchers, etc.
however……
After a few seconds.
Ma Ming sent a message: "It should be 18 yuan. It's been more than a year, and I almost can't remember it. At that time, he seemed to say that he had no money to eat, so I gave him the change I had."
In the nursing home.
Qin Mu's eyes widened when he saw the news.
I once suspected that I was wrong.
Rubbed my eyes several times.
Only then did I dare to confirm that the number sent by Ma Ming was 18 yuan, not 18!
a time.
He suddenly didn't know what to say.
He racked his brains, analyzed it for a long time, and tried his best.
It turned out to be a dispute of 18 yuan.
This "cow and horse"...
What a talent.
18 yuan, and I still remember it for a year, no wonder he can't remember it.
And the other party is even more talented.
The 18 yuan was not returned.
"Up, you don't know the situation. He has asked me to borrow money more than a dozen times, but I have long been on guard against his behavior, and I couldn't resist lending out once."
And Ma Ming sent an explanation: "After I borrowed it, I regretted it, and asked him for money that night."
"But he just refuses to give it..."
Qin Mu's face was covered with black lines.
The corners of his mouth twitched.
All he can say is...
Being able to resist the opponent's offensive of constantly borrowing money, he only lent out 18 yuan. Ma Ming and the opponent are definitely a pair of crouching dragons and phoenixes.
Especially Ma Ming.
For 18 yuan, so serious, I almost caught up with him.
"By the way, I remember giving him money at that time, and then he ate a meal of yellow braised chicken. Can this consumption evidence be counted?"
Seeing that he didn't speak, Ma Ming sent another inquiry.
Qin Mu: "..."
He took a few deep breaths before finally calming down.
Think carefully.
With complicated emotions, he asked: "Now it's not a matter of consumption evidence. If you file a lawsuit, you need to pay legal fees. Are you sure...for 18 yuan, you have to pay hundreds of dollars in legal fees?"
There are court fees in civil cases.
It needs to be paid in advance by the plaintiff, and if the case wins, it will be borne by the losing party.
This kind of lawsuit over loan disputes...
The legal fee will not be very high, but it will also cost several hundred dollars.
(End of this chapter)
No matter what Ma Ming said.
Meng Lei had no intention of paying back the money.
He also complained that he was unreasonable, stingy, disregarding the friendship of classmates, and only knew that he wanted money.
This directly blew up Ma Ming.
"If you don't pay back the money, believe it or not, I will sue you in court!"
under anger.
Ma Ming directly sent a harsh word to the other party.
"Yo? The court sued me? It's only a few dollars, are you sure the court will accept it?"
Meng Lei also tore his face directly and sneered.
He completely ignored his threats and warnings.
even……
He blocked Ma Ming directly.
All subsequent messages from Ma Ming had an exclamation mark.
"Piss me off, piss me off!"
Ma Ming gripped the phone tightly, trembling with anger.
He didn't expect...
After the two sides tore their faces apart.
Meng Lei didn't speak politely, if he said he would be blocked, he would be blocked.
Those who owe money can be so confident.
He also kept saying that he was stingy.
"I was blind, I knew such a thing back then!"
He cursed harshly.
It just feels so disgusting.
Although the money was not much, he earned it every penny.
It wasn't from the wind either.
He just wanted his money back, but he was disgusted.
Now, in order to avoid debts...
He also blocked him backhandedly.
"No, I can't just let him go!"
Ma Ming lowered his head, the more he thought about it, the more angry he became.
Meng Lei...
Usually used to take advantage of the small.
During college, I heard that the people in his dormitory were not happy with him.
He never took the initiative to buy the shared daily necessities, and all he used were from his roommates.
I usually find someone to borrow money when I have nothing to do.
When borrowing money, he said all kinds of good things, such as what encountered difficulties recently, he will definitely pay back as soon as possible in the future.
After borrowing money.
Suddenly pretending to be okay.
Later, because the borrowed money was not much...
The classmates who lent it were also embarrassed to catch him and ask for it.
This kind of behavior really disgusted him.
"Go to the forum and ask first."
After half an hour.
Ma Ming took a deep breath and logged into the forum.
In the law study section of the forum, a post was posted.
"I have a friend who owes me a little money, not much, but he refuses to pay it back, and now he has blocked me, can I sue him? "
in the post.
He described in detail the "grievance and entanglement" with Meng Lei.
The two got along very well during college.
But after graduation...
Because of work, different places and other reasons, there is almost no contact.
This time the loan failed, and the two parties broke up.
The other party blocked him directly.
It didn't take long.
Those netizens in the Fa-study zone started erupting one by one.
The first floor: Good guy, I always feel that the host is talking about me. I lent out several hundred yuan two years ago, and I haven't asked for it back yet.
The second floor: With reliable friends, borrowing money and repaying money is actually nothing. The most fearful thing is to meet those who are not trustworthy.
Third Floor: As the saying goes, if you borrow and repay, it is not difficult to borrow again. It is actually better for such people to find out earlier.
Fourth floor: Private lending disputes seem to be civil lawsuits, right?
Fifth floor: Support the landlord, sue him!
Sixth floor: I just helped the landlord with Baidu. If you want to sue for a loan dispute, you must first write the indictment, and then bring the indictment, ID card, and the original or copy of relevant evidence to the place where the accused person is registered, or has lived for more than one year. to file a lawsuit in the court of the place of habitual residence.
Seventh floor: It seems that the issue of territorial jurisdiction is involved. Civil dispute cases need to be prosecuted in the jurisdiction.
Eighth floor: I think it's best to have evidence, if there is no evidence, everything is useless.
Ninth floor: Did the host write any IOUs, receipts, or transfer records?
Tenth floor: In fact, it is better to find a professional lawyer for consultation, which is more reliable.
Eleventh floor...
Reply one hop increase.
Looking at the replies from these netizens, Ma Ming couldn't help frowning.
Many netizens have given suggestions.
For example, to file a lawsuit, you need to go to the place of household registration or permanent residence of the accused.
This type of case is different from criminal disputes and has jurisdictional disputes.
For example, he lives in Qianzhou now.
The other party is in another city.
If he wants to sue, the court in the Qianzhou area will not accept it.
The right court must be found.
Also.
That's the piece of evidence.
A year ago, when he borrowed money, he didn't think so much.
Cash is given directly.
Because she trusted Meng Lei too much, she didn't write a receipt.
That is to say...
He has no evidence whatsoever.
If it is an electronic transfer, at least you can find the transfer record by checking the bill.
"Isn't that... there is no way to sue?"
See this class.
Ma Ming's face could not help but become ugly.
When I first borrowed money...
He hadn't thought of this situation at all.
in fact.
Many loans between friends rarely write IOUs or the like.
Write an IOU, but it will show the emotional identity of the two people.
It will be embarrassing for both parties.
In the absence of an IOU and other evidence, the other party can completely deny it.
"How about... go find up?"
Think left and right.
Ma Ming clicked on Xiaopozhan and opened a certain account that he followed.
Sent a private message for help.
"Up, I'm a loyal fan of Ni, I watch every video, and I never fall behind. Now I have a problem..."
In private messages.
He described the problems he encountered in detail.
I hope Qin Mu can show him a clear path.
Qin Mu's horror is obvious to all.
In the previous videos, I have also helped other people to solve some difficult troubles.
For example, house occupation case, parrot case, bride price case...
……
The next day.
Shanshui Garden District.
seven in the morning.
Qin Mu got up as usual and stretched.
He immediately opened Xiaopozhan, intending to check the situation of the video he posted yesterday.
"In one night, the number of broadcasts exceeded one million again, and the number of fans is almost 500 million."
Just as he expected.
With the bonus of 2000 lucky points, the exposure of the video is huge.
His fan base is also growing steadily.
Not surprisingly.
The final playback volume of this video can reach 1000 million.
Coupled with the handling of other platforms...
More people will see how to deal with such incidents.
"I just hope that there will be fewer vulgar marriages in the future."
Qin Mu couldn't help but sigh with emotion.
No one wants to see the tragedy of one death and three injuries at the wedding scene.
If the quality of these people can be improved a bit, and they know more about the law...
Nor will this happen.
"what?"
Subsequently.
Qin Mu noticed that a fan named "Niu Ma" sent him a private message.
Can't help but some tears welled up.
This is also the only private message in the background of his account.
Ever since he discovered the base of "Ma Xiaotiao", the netizens of Xiaopozhan have collectively entered the forum.
Not even reminders.
So he noticed this private message at a glance.
with doubt.
He clicked on the private message, and soon saw the "horse" asking for help.
"I don't pay back the money I owe..."
In a private message.
"Niu Ma" expressed distress.
He couldn't ask for money, but was blocked by his friends instead.
And the money lent out in the past...
It was delivered in cash, and there was no IOU, just a verbal agreement.
Not even a third person was there yet.
It's like saying...
For this lending behavior, this "ox and horse" has no evidence at all.
"If you want to get the money back, I'm afraid it will be a little troublesome."
Qin Mu frowned and muttered.
This situation...
Many people have encountered it in reality.
There are no IOUs or IOUs, it is purely a verbal agreement, and it depends on the other party's self-consciousness.
If the other party is unconscious and untrustworthy after borrowing money...
That's almost just bad luck.
If there is no evidence to go to court, it is a question of whether to allow the case to be filed.
Think carefully.
Qin Mu sent a message back to this "horse": "You add my personal contact information first, and I will tell you in detail later."
After sending the message.
Then he got up and washed, ready to go to the nursing home.
……
Ganzhou.
An office building.
Programmer Ma Ming had just arrived at the company when he suddenly saw a private message pop up on his phone.
"Up back to me?"
Seeing this news, he couldn't help being a little excited.
To know.
Qin Mu's account now has almost 500 million followers.
There must be countless private messages every day.
Being able to notice his news from such a large number of private messages can only show that he is very lucky!
Followed by.
He quickly copied the contact information and added Qin Mu.
After ten minutes.
Friend verification passed.
Ma Ming took a deep breath and organized the words in his heart repeatedly.
Greeting: "Good morning up, I am sorry to disturb you."
between words.
He tried his best to show his sincerity and respect, for fear of arousing Qin Mu's resentment.
As a fan of Qin Mu.
He respected and feared Qin Mu at the same time.
I like to watch videos because I can see those gratifying solutions in the videos and learn a wave of useful knowledge by the way.
afraid……
The main reason is that Qin Mu's lethality is really too great, regardless of enemy or friend.
Wherever he goes, nothing grows.
In the last video, the behavior of "man-made deserted villages and collective imprisonment" was also carried out in a certain village.
If it wasn't for Qin Mu pointing from behind...
That village would never have suffered such a catastrophe.
"Hello, it's fine for us to talk about friendship between peers, you don't need to be polite."
And it didn't take long.
Qin Mu, who was fishing in the nursing home, also saw Ma Ming's greeting and replied.
Ma Ming saw this.
Wiping off his cold sweat, he quickly replied: "Don't dare."
joke.
He was tired of discussing friendship with Qin Mu's peers.
in the forum.
Those jokers were sent in without saying hello when they saw Qin Mu.
In the newly updated video...
The women in the gallery were also sent in.
With this level of lethality, he really didn't dare to argue with Qin Mu's peers.
nursing home.
Seeing Ma Ming being so polite, Qin Mu couldn't help twitching the corner of his mouth a few times.
He simply asked straight to the point: "I read your private message, do you want to sue the other party for owed money?"
On the way to the nursing home.
He thought about the solution to this problem in detail.
"Yes, I'm going to sue him, up, you don't know, wow, that friend of mine... is so inhuman, he treated you like a brother when he borrowed money, and became a master directly after borrowing money."
In seconds.
Ma Ming sent a tearful complaint.
Said that he must sue the other party.
"If you want the court to file a case for trial, you need to have enough evidence to prove that the other party owes money. Do you have witnesses, videos, and recordings?"
Qin Mu thought for a while, and asked again in detail.
If there is no direct evidence...
If there is supporting evidence, it is also possible.
For example, if the behavior of borrowing money at that time was under surveillance, you can apply to find the surveillance video and recording at that time.
If there is a witness or guarantor, the guarantor can be used as evidence.
"No, it was just the two of us at the time, and there was no surveillance."
the other side.
Ma Ming replied truthfully.
Seeing Ma Ming's reply, Qin Mu frowned again.
Then he asked: "Then in the chat records between you, have you talked about borrowing money?"
If there is not even supporting information and evidence, then the problem will be more troublesome.
This "cattle and horse" loan event happened a year ago.
The validity period of the lawsuit for borrowing money has not expired.
The law stipulates that the litigation period for loan disputes is within three years.
If it lasts for three years without asking the debtor for the debt, even if the lawsuit goes to the court, the court will reject the lawsuit on the grounds that the lawsuit period has exceeded.
This rule...
The main purpose is for the efficiency of the judiciary and to avoid ineffective investigation of old accounts, so as not to waste time.
The thing about borrowing money...
The longer it goes, the harder it is to find out.
In the absence of evidence, the two sides insisted on their own opinions, saying that the public is justified, and the mother-in-law is justified.
Courts are often confused.
To a certain extent.
Civil cases are more complex and involve more disputes than criminal cases.
In criminal cases, it is only necessary to conduct a trial based on the criminal act and the facts of the crime, and then sentencing.
As for civil cases, it is necessary to consider the actual situation of both parties, sort out the clues, and find out the facts...
"I've mentioned the matter of borrowing money twice before, especially this time, Meng Lei directly tore his face and blocked me."
Ma Ming also quickly gave a reply.
Qin Mu thought for a while, and then said, "If it's convenient, can you send me a screenshot of the relevant chat history?"
This cow and horse thing...
The most troublesome thing is that he has no direct evidence to prove that the other party owes money.
Perhaps this is also the reason why the other party dared to be so unscrupulous.
There is no IOU, no transfer records, and it is almost impossible to prove that he owes money.
It all depends on his self-awareness.
"Okay, these are the chat records of me asking him for money."
Soon.
Ma Ming sent a long list of chat screenshots.
within a year.
The number of chats between the two is very few, and they chatted three times in total.
The first two times were initiated by Ma Ming.
The main purpose is to ask the other party for money.
But the other party always talked about him from left to right, and was still unwilling to talk about this topic.
the third time……
It was yesterday.
The other party came to borrow money, but Ma Ming accused the other party of not paying back the money owed.
The two broke up while chatting.
then……
Ma Ming threatened the other party, saying that he would go to court to sue.
The opponent is also unafraid.
Ma Ming was blacked out with a backhand.
As for the money...
Not at all.
The arrogance of the attitude is evident.
"Up, look... Is there any chance for me to get my money back?"
After a while.
Ma Ming sent another message, and then complained: "Up, you don't know, among our college classmates, there is no one who hasn't borrowed money."
"When he was studying, he had nothing to do, so he asked someone to borrow ten yuan and 20 yuan."
"Many students think that they are all classmates because of face, and they are embarrassed not to borrow money. When they borrow money, they say it nicely, and they will definitely pay it back after two days."
"But now that he has graduated, I heard that he has not paid back the money he borrowed from other classmates."
"I just want to show others that they can get their money back by suing."
Ma Ming was extremely indignant, and sent several more messages.
In the nursing home.
Qin Mu looked at the chat records, and soon thought of a way.
Then type.
Replied: "Although there is no direct or indirect supporting evidence, the money should be returned."
"Can you really come back?"
the other side.
During work, Ma Ming suddenly jumped up excitedly.
Colleagues around all cast surprised eyes.
But he didn't notice at all.
Always immersed in the excitement of getting the money back.
Not much money though.
But it represents an attitude, an uncompromising attitude!
"In the civil procedure law, there is a principle called high probability. If you want to file a lawsuit, you need to go through it."
In the nursing home.
Qin Mu smiled, and then typed a reply: "In the absence of evidence, you can use it to make a factual presumption."
High probability is a technical term in the field of civil litigation.
It is a method of cognition that judges based on the high probability of the development of things, and it is a method of cognition that has to be adopted when the cognition of things fails to meet the conditions of logical inevitability.
Logical necessity refers to necessary and direct evidence.
In the absence of evidence, not enough chain of evidence...
A high degree of probability can be used to complete the facts and make factual presumptions.
For example.
A certain car spontaneously ignited suddenly, but no surveillance captured this scene.
After the fire, the car was completely burned.
The cause of the accident could not be found.
in this case……
It can be tried with a high degree of probability.
If the car owner can prove that the brand of the car sold by the company also has a spontaneous combustion problem, and he has not violated the regulations, the car company cannot prove that it has nothing to do with them, and the main infringement liability can be determined to the other party.
Even if there is not enough evidence, the other party can be punished for infringement.
only……
Civil litigation has extremely strict requirements for a high degree of probability.
When using it, the following criteria need to be met.
[-]. Cannot violate the statutory rules of evidence.
[-]. Prohibition of subjective assumptions by judges.
[-]. The basis for using the standard of proof of high probability must reach the degree of certainty.
[-]. Cases are determined based on the standard of highly probable proof, and the facts of the case are not allowed to be determined only on the basis of weak evidence.
[-]. The standard of proof of principle of high probability requires that the evidence finally identified can be mutually verified to form a complete chain of evidence and draw the only proof conclusion.
It is more harsh to use.
Ordinary lawyers can't fight this kind of lawsuit at all.
For example, a well-known theory, "Why did you help if you didn't bump into it?" This is an obvious subjective assumption.
This cannot be used as a highly probable criterion for judging a case.
When this rule applies...
The evidence that needs to be presented by both the plaintiff and the defendant has a huge gap in advantages and disadvantages, and the evidence of one's own side has reached a certain degree of certainty and can be mutually confirmed to draw a unique conclusion rather than a possible conclusion.
"So, as long as the evidence you provide can prove that the other party has indeed borrowed money from you, combined with the other party's reaction, under the inference of common sense logic, it can be determined that the other party has borrowed money from you."
Qin Mu paused.
Then he said: "In your chat records, you asked the other party to pay back the money several times, but the other party did not refute it. Under common sense logic, it shows that the other party is wrong."
Normally.
If he didn't owe money, he definitely wouldn't be talking about him.
If the loan amount is relatively large, it can be inferred that the other party has borrowed money based on factors such as the other party’s delivery certificate, payment ability, transaction habits, consumption conditions during the borrowing period, the relationship between the parties, and the delivery details stated by the parties.
That is, the other party "accidentally" obtained a sum of money.
"By the way, I haven't asked you yet, how much did you borrow from the other party?"
At last.
Qin Mu asked suddenly.
The more money you borrow, the easier it is to fight this lawsuit.
The money obtained by "accident" will be clear at a glance as long as you know the consumption situation of the other party.
If you have borrowed tens of thousands.
There will be many abnormalities in the other party's consumption behavior, payment vouchers, etc.
however……
After a few seconds.
Ma Ming sent a message: "It should be 18 yuan. It's been more than a year, and I almost can't remember it. At that time, he seemed to say that he had no money to eat, so I gave him the change I had."
In the nursing home.
Qin Mu's eyes widened when he saw the news.
I once suspected that I was wrong.
Rubbed my eyes several times.
Only then did I dare to confirm that the number sent by Ma Ming was 18 yuan, not 18!
a time.
He suddenly didn't know what to say.
He racked his brains, analyzed it for a long time, and tried his best.
It turned out to be a dispute of 18 yuan.
This "cow and horse"...
What a talent.
18 yuan, and I still remember it for a year, no wonder he can't remember it.
And the other party is even more talented.
The 18 yuan was not returned.
"Up, you don't know the situation. He has asked me to borrow money more than a dozen times, but I have long been on guard against his behavior, and I couldn't resist lending out once."
And Ma Ming sent an explanation: "After I borrowed it, I regretted it, and asked him for money that night."
"But he just refuses to give it..."
Qin Mu's face was covered with black lines.
The corners of his mouth twitched.
All he can say is...
Being able to resist the opponent's offensive of constantly borrowing money, he only lent out 18 yuan. Ma Ming and the opponent are definitely a pair of crouching dragons and phoenixes.
Especially Ma Ming.
For 18 yuan, so serious, I almost caught up with him.
"By the way, I remember giving him money at that time, and then he ate a meal of yellow braised chicken. Can this consumption evidence be counted?"
Seeing that he didn't speak, Ma Ming sent another inquiry.
Qin Mu: "..."
He took a few deep breaths before finally calming down.
Think carefully.
With complicated emotions, he asked: "Now it's not a matter of consumption evidence. If you file a lawsuit, you need to pay legal fees. Are you sure...for 18 yuan, you have to pay hundreds of dollars in legal fees?"
There are court fees in civil cases.
It needs to be paid in advance by the plaintiff, and if the case wins, it will be borne by the losing party.
This kind of lawsuit over loan disputes...
The legal fee will not be very high, but it will also cost several hundred dollars.
(End of this chapter)
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