If it can be proved that it was written by the person on the ID card, even if the name on the debit note is wrong, you can sue and win the case. The court of second instance held that the parties should have the responsibility to provide evidence to prove the facts on which their claims are based or to refute the facts on which the other party's claims are based. The holder of the IOU must state the facts of the IOU to the judge. If the other party denies it, the holder of the IOU must further prove the fact that the IOU was formed.
What should I do if I borrow money and default?
If the debtor is in arrears, the creditor may prepare evidence to bring a lawsuit to the court. If the other party still refuses to repay after the judgment of the lawsuit, the parties may apply for compulsory execution.
Article 2 of the Supreme People's Court's Provisions on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases stipulates that when a lender brings a private lending lawsuit to a people's court, it shall provide creditor's rights certificates such as IOUs, receipts and IOUs, as well as other evidence that can prove the existence of the legal relationship between lending and borrowing.
If the creditor's rights certificate such as IOUs, receipts and IOUs held by the parties does not specify the creditor, and the party holding the creditor's rights certificate brings a private lending lawsuit, the people's court shall accept it. The defendant raised a factual defense against the plaintiff's creditor qualification, and the people's court ruled that the plaintiff did not have the creditor qualification after examination and dismissed the prosecution.
Proof of private lending disputes requires the following evidence:
1. Qualification certificate of the parties, such as ID card or household registration book;
2. Evidence of loan relationship, such as loan contract, loan agreement, loan bill, etc.
3. Basis for calculating the amount of creditor's rights, such as the calculation list of the amount of principal and interest required to be paid in the creditor's rights;
4. Evidence that the loan has been repaid, such as receipts and payment vouchers.
Article 2 of the Supreme People's Court's Provisions on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases stipulates that when a lender brings a private lending lawsuit to a people's court, it shall provide creditor's rights certificates such as IOUs, receipts and IOUs, as well as other evidence that can prove the existence of the legal relationship between lending and borrowing.
If the creditor's rights certificate such as IOUs, receipts and IOUs held by the parties does not specify the creditor, and the party holding the creditor's rights certificate brings a private lending lawsuit, the people's court shall accept it. The defendant raised a factual defense against the plaintiff's creditor qualification, and the people's court ruled that the plaintiff did not have the creditor qualification after examination and dismissed the prosecution.
To sum up, this is Bian Xiao's relevant answer to the problem of miswriting the name of the loan. Can the court file a case? I hope I can help you.
Legal basis:
Article 119th of the Civil Procedure Law of People's Republic of China (PRC) * * * Prosecution must meet the following conditions:
(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case;
(2) Having a clear defendant;
(3) Having specific requests, facts and reasons;
(4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.
Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases
Article 2 If the creditor's rights certificates such as the IOUs, receipts and IOUs held by the parties do not specify the creditor, and the parties holding the creditor's rights certificates file a private lending lawsuit, the people's court shall accept it.
Article 74 In the course of litigation, the people's court shall confirm the facts unfavorable to the parties and the evidence recognized by the parties in the indictment, defense, statement and lawyer's statement. However, unless the parties repent and there is evidence to the contrary that can be overturned.