仅有电话号码欲起诉欠款人，需 gather evidence that the individual actually owes the money and that the repayment deadline has passed. Without any other proof of the debtor-creditor relationship, the lawsuit is likely to be dismissed.
1. Evidence of the loan: If there's no written note, other evidence can be used, such as bank transfer records, phone recordings, or witness testimonies, which establish the debt.
2. Evidence of attempting to collect the debt: This is necessary to prevent the debt from exceeding the three-year statute of limitations. Evidence can be in the form of a written "repayment plan" or recordings证实多次向对方索要过钱.
3. Evidence of the debtor's assets: The purpose of gathering this information is to ensure the successful recovery of the debt. It includes details of the debtor's bank accounts, property, vehicles, company shares, etc.
Without a written promissory note, it's challenging to prove the existence of a debt relationship. Additional evidence must form a complete chain to establish the debt relationship.
(1) Call upon impartial witnesses to testify, but additional physical evidence is required.
(2) Provide bank transaction records to show financial interaction. However, a mere transaction record without other evidence of the nature of the transaction won't suffice for a lawsuit.
(3) Offer text messages, phone recordings, or other evidence that can prove the occurrence of the loan.
Promissory notes serve as written evidence of a debtor-creditor relationship and are typically written and signed by the debtor. They are invalidated or destroyed upon full repayment. From a legal perspective, promissory notes are formal written documents that serve as proof of a debt.
Courts assess the lawsuit request along with the plaintiff's submitted documents to determine if it meets the criteria for filing a lawsuit. If someone files a lawsuit only with a phone number and claims that the number's owner owes them money, the request is usually dismissed.
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