WeChat Transfers and Red Packets Have Different Legal Natures - Red Packets Are Considered Gifts and Do Not Require Repayment
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On WeChat, large amounts are typically sent via transfers, while small amounts can be sent as red packets or transfers. Most users may not realize that these two methods have entirely different legal implications. Recently, a loan dispute case provided further clarification on this matter.
The Haidian District People's Court in Beijing heard a loan dispute involving WeChat transfers and red packets. The plaintiff, Ms. Liu, claimed that she met Mr. Zhou through WeChat, and he repeatedly borrowed money from her citing financial difficulties. Between 2020 and 2021, Ms. Liu sent Mr. Zhou a total of 15,669 yuan via WeChat red packets and transfers. Ms. Liu demanded repayment, but Mr. Zhou argued that the funds were gifts rather than loans.
After reviewing the case, the court ruled that WeChat red packets are primarily used as gifts among friends and family, typically serving a social purpose with a limit of 200 yuan. The 2,769 yuan Ms. Liu sent to Mr. Zhou via red packets should be considered a gift, and Mr. Zhou is not required to repay it. However, the 12,900 yuan transferred via WeChat, lacking evidence of being a gift, should be recognized as a loan. This case reminds us that while WeChat red packets and transfers are both payment methods completed through WeChat, their legal nature and social significance differ. For large transactions or those requiring clear records, using the transfer function is more prudent. For small, informal payments or gifts, red packets may be a more appropriate choice.
When it comes to monetary transactions, clarifying the nature and purpose of the transaction is crucial. This not only helps protect one's rights but also avoids unnecessary disputes.