Yes, but there are conditions. WeChat chat records are electronic data, and my country’s Civil Procedure Law clearly stipulates that electronic data is a legal type of evidence. The judicial interpretation further clarifies that electronic data refers to information formed or stored in electronic media through emails, electronic data interchange, online chat records, blogs, Weibo, mobile phone text messages, electronic signatures, domain names, etc. WeChat chat records can be used as evidence for borrowing money. The types of evidence in civil litigation also include audio-visual materials, audio and video recordings and even chat records, so WeChat chat records fall into the category of evidence in civil litigation. The court will hear the case in accordance with the law based on the specific circumstances and support the legitimate claims made by the creditor. The IOU is not the only evidence that can prove the loan relationship.
Therefore, from a legal perspective, WeChat chat records can be used as evidence of money owed.
However, WeChat chat records need to meet the following conditions to be used as valid evidence, that is, the evidentiary power of WeChat chat records.
1. It is necessary to clarify the true identities of both parties in the WeChat chat.
To put it bluntly, it is necessary to make it clear that the person you are chatting with is the borrower, and that he is borrowing money from you, not a third party.
There are four main approaches in current judicial practice: recognition by the other party; identification of WeChat avatars or WeChat album photos; online real-name authentication materials or identity authentication of the machine owner; and investigation assistance by a third-party agency, namely Tencent.
2. WeChat evidence must be complete, that is, it must have a complete expression of intention to borrow money.
WeChat chat records must truly reflect the entire borrowing process, and cannot be taken out of context and only use transfer records as evidence.
To sum up, in civil disputes about borrowing money, WeChat chat records can be used as evidence. However, in judicial practice, if it has corresponding probative power, it must meet the conditions, that is, it must be able to clarify the true nature of both parties. The identity and the complete meaning of the loan must also be expressed.
Legal basis
Types of evidence in Article 63 of the "Civil Procedure Law of the People's Republic of China", evidence includes:
(1) Parties statement;
(2) Documentary evidence;
(3) Physical evidence;
(4) Audio-visual materials;
(5) Electronic data;
(6) Witness testimonies;
(7) Identification opinions;
(8) Inspection records. Evidence must be verified to be true before it can be used as a basis for determining facts.