Too Bad I Take Things Seriously-Chapter 438 - 192 You Really Are a Pair of Hidden Dragons and Young Phoenixes_3

If there was a witness or a guarantor, the guarantor could be used as evidence.

"No, it was just the two of us at the time, and there was no surveillance."

「On the other side.」

Ma Ming replied truthfully. 𝐟𝕣𝕖𝐞𝐰𝕖𝚋𝐧𝗼𝚟𝐞𝕝.𝗰𝐨𝐦

Qin Mu looked at Ma Ming’s reply and frowned again.

He then asked, "Have you ever mentioned borrowing money in your chat records?"

If there were no ancillary materials or evidence, the problem would be quite troublesome.

The Niu Ma borrowing incident happened a year ago. It had not exceeded the statute of limitations for filing a lawsuit on borrowing money.

By law, the statute of limitations for loan disputes is within three years. If three years pass without any action to request repayment from the debtor, the court will dismiss any subsequent lawsuit, citing the expiration of the statute of limitations.

This provision aims to ensure efficient justice, preventing ineffective investigations of old accounts to avoid wasting time.

In borrowing incidents, the older they are, the harder it is to investigate the facts. Without evidence, both parties stick to their own version of events, essentially a ’he said, she said’ situation. Courts can often be perplexed.

To a certain extent, civil cases are more complex and involve more disputes than criminal cases. In criminal cases, it is only necessary to review the criminal act and the facts of the crime, and then sentence accordingly. Whereas civil cases require considering the actual circumstances of both parties, clarifying the sequence of events, and ascertaining the facts...

"About borrowing money, I have mentioned it twice before. Particularly this last time, Meng Lei just dropped all pretense and blocked me."

Ma Ming quickly provided a response.

Qin Mu thought for a moment and then said, "If it’s convenient, could you send me a screenshot of the relevant chat history?"

The troublesome part about this Niu Ma matter is that he has no direct evidence proving the other party owes money. Perhaps this is why the other party has been so brazen.

Without an IOU or transfer records, it’s nearly impossible to prove the debt exists. Repayment hinges on the debtor’s conscience.

"Okay, these are the chat records of me asking for my money."

Before long, Ma Ming sent a long sequence of chat screenshots.

In the span of a year, the two had chatted only a few times, a total of three times. The first two were initiated by Ma Ming. His main purpose was to ask for his money, but the other party kept beating around the bush, refusing to discuss the matter.

The third time was just yesterday. The other party came to borrow money, but Ma Ming accused him of not repaying his previous debt. The two argued and had a falling out while chatting.

Then, Ma Ming threatened to sue in court. But the other party was not at all afraid. He simply blocked Ma Ming in response.

As for the money, it was never repaid. One could see his blatant attitude from this.

"Up, do you see... Do I still have a chance to get my money back?"

After a while, Ma Ming sent another message, then complained, "Up, you don’t know! Among our university classmates, there’s nobody he hasn’t borrowed from."

"While we were studying, he often borrowed ten or twenty yuan from others."

"Many classmates felt obligated, thinking since they were all classmates, it would be awkward not to lend. He said all the right things when borrowing, like he would definitely repay it in a couple of days."

"But now we’ve all graduated, and I’ve heard he hasn’t repaid the money he borrowed from other classmates."

"I just want to set an example for others, to let them know they can use lawsuits to get their money back."

Ma Ming was incredibly enraged and sent several more messages.

「In the nursing home.」

Qin Mu looked at the chat records and quickly thought of a solution. He began typing, replying, "Although there are no direct or indirect supplementary pieces of evidence, the money should be recoverable."

"Really? I can really get it back?"

「On the other side.」

During work, Ma Ming suddenly jumped up excitedly. His colleagues around him cast surprised glances, but he paid them no attention. He was immersed in the excitement of being able to get his money back.

Although it wasn’t a large sum of money, it represented an attitude, a resolve not to compromise!

「In the nursing home.」

Qin Mu smiled and continued typing in response, "In the Civil Procedure Law, there is a theory called ’high probability.’ Lawsuits often rely on it. In the absence of evidence, this can be used for factual presumption."

High probability is a professional term in the field of civil litigation. It’s a method of judgment based on the high likelihood of how things develop, a cognitive approach used when the understanding of matters cannot meet the conditions of logical necessity. Logical necessity refers to necessary, direct evidence. In situations lacking sufficient evidence or without a full chain of evidence, high probability can be used to substantiate facts and make factual presumptions.

For example, if a car suddenly catches fire and no surveillance cameras capture the incident, and after combustion, the car is burnt to ashes, making it impossible to determine the cause. In such cases, judgment can be made through high probability. If the car owner can prove that other vehicles of the same brand sold by the company also have spontaneous combustion issues, and further prove no improper operation on their part, then liability may shift. If the car company cannot demonstrate its non-involvement, primary tort liability can be assigned to them. Even without sufficient evidence, a judgment can still be made against the company for infringement.

However, in civil litigation, there are very strict requirements for high probability. When applied, it must meet the following standards. One, it must not violate legally established evidence rules.