Foreign Colleague Took ¥50K — Then Said 'I Owe Nothing!'

Source: OT-Team(G)

A foreign employee working at a multinational company in Guangzhou, referred to as Kenning (a pseudonym), is pursuing legal options in China after a personal loan to a fellow expatriate colleague turned into a financial dispute.

Late last year, Kenning lent 50,000 RMB to the colleague. The loan, according to Kenning, was informal but well-documented through WeChat messages, voice notes, and electronic transfer records. However, the borrower has since refused to repay the debt, claiming there was no signed written agreement, and therefore no obligation to return the funds.

With both parties being foreign nationals residing and working in China, Kenning sought legal advice on whether he could initiate legal proceedings in a Chinese court and whether WeChat-based digital records could serve as valid evidence.

Chinese Law Permits Foreigners to Sue in Domestic Courts

Legal professionals affirm that the case qualifies as a foreign-related civil dispute. Under the Law on the Application of Law for Foreign-related Civil Relations and the Civil Procedure Law of the People's Republic of China, such disputes fall under the jurisdiction of Chinese courts when there are substantial connections to China — as is the case here, since both individuals live and work within the country and the loan occurred domestically.

Kenning is therefore entitled to bring the matter before a competent Chinese court to pursue repayment.

Digital Evidence: WeChat Records Increasingly Accepted in Court

In recent years, Chinese courts have shown a growing willingness to admit WeChat communications as legitimate evidence in civil lawsuits. Nonetheless, the court will assess whether such evidence is authentic, complete, and unaltered.

To strengthen the case, Kenning should ensure:

1.The submission of full chat histories rather than edited excerpts;

2.Inclusion of profile information for both lender and borrower (such as WeChat ID, nickname, region) to verify identities;

3.Provision of digital transfer receipts, preferably bearing the official electronic seals of the payment platform;

4.Corresponding WeChat conversations that contextualize the transaction.

Backing up WeChat records and avoiding any deletion is critical. In addition, it is advisable to notarize the digital records or use certified timestamping services to preserve their evidentiary value.

Guidelines for Presenting Evidence in Court

Should the case proceed to trial, Kenning may be asked to present the original WeChat data on a device such as a smartphone. This process typically involves:

1.Logging into the relevant WeChat account in court;

2.Displaying the other party's contact information (including nickname, ID, and phone number);

3.Showing the full conversation history, including messages, voice memos, and transaction details.