As long as there is a way to prove the existence of the loan fact, you can sue. In contract dispute cases, the party who claims that the contract relationship is established and effective shall bear the burden of proof for the fact that the contract is established and effective; The party who advocates the alteration, dissolution, termination or dissolution of the contractual relationship shall bear the burden of proof for the facts that caused the alteration of the contractual relationship.

Legal analysis

There are no IOUs, only witnesses, and you can also sue. When people's courts try cases of loan disputes, they usually ask the plaintiff to provide written documents. In the absence of written documents, the plaintiff can submit recorded materials that can prove the facts of the case as evidence, and the third party is not required to be present when recording; If an outsider can prove the facts of the case, he may apply for a witness to testify in court. Witness testimony belongs to a kind of evidence, and the types of evidence stipulated in the Civil Procedure Law include: statements by the parties. Written evidence. Physical evidence. Audio-visual materials. Electronic data. Eyewitness testimony. Appraisal opinions. Interrogation record. Witness testimony itself is a kind of evidence. Two different kinds of evidence will have different effects on the facts of the case, but it will not affect the parties' right to sue. Although the plaintiff and the defendant have no written IOUs, the loan relationship between the plaintiff and the defendant can be established if the testimony of an unrelated third party is sufficient to prove the existence of the loan facts and the amount of the loan. IOUs and witness testimony can be used as evidence, and its effectiveness mainly depends on whether it can prove the true situation of the case. In judicial practice, if a witness can testify and it is true, it can be used as evidence. IOUs and witness testimony are evidence to prove the facts of the case, which have an impact on the outcome of the case, but do not affect the right of the parties to sue. As long as they meet the conditions for prosecution, they can sue.

legal ground

Article 119 of the Civil Procedure Law of People's Republic of China (PRC) 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.