第一财经

System search yields no results? A bank in Henan refuses to pay out a deposit from an old passbook belonging to a customer from 27 years ago.

原文:系统查无记录?河南一银行拒付储户27年前老存折存款

Summary of the Case

In 1999, a depositor named Li opened a savings account at a bank in Minquan, Henan Province. By 2004, the balance on the account was 35,900 yuan. Later, the bank refused to honor the withdrawal request, claiming that no record existed in the system. Only 18,000 yuan were returned by a staff member named Hu, leaving the remaining 17,900 yuan unpaid for 20 years. After Li filed a lawsuit, both the first and second-instance courts ruled in favor of the depositor, ordering the bank to return the principal and interest of 17,900 yuan. The reason was that the savings passbook served as a valid legal proof of the debt. The bank's system issues and the expiration of the passbook could not be used as reasons for refusing payment, and the bank failed to prove that the money had been withdrawn or converted into a private loan.

Detailed Analysis

Why the Old Savings Passbook Was Considered Valid Evidence

Li’s savings passbook was more than just a piece of paper; it contained clear account information, the depositor's name, transaction records, and the bank’s official seal. It essentially represented a “loan contract” between the bank and the depositor, where the bank accepted the deposit and issued a document promising to allow withdrawal at any time. The court recognized this passbook as legitimate because it was officially issued by the bank, confirming the existence of a savings relationship. Even after 20 years, as long as the passbook was genuine, the bank was obligated to honor the deposit.

Why the Bank’s Defenses Were Rejected

The bank presented three arguments, all of which were dismissed by the court:

  • “No record in the system”: The court stated that system updates and data loss were the bank’s own management risks and could not be blamed on the depositor. If the bank failed to properly back up its records during a system upgrade, it was responsible for the issue.
  • “The passbook’s validity period is only 15 years”: Although the bank argued that original records could not be retrieved after 15 years, the court required the bank to provide evidence showing that the money had been withdrawn (such as withdrawal slips or account suspension records). Since the bank failed to do so, it lost the case.
  • “This is a private loan”: The bank suggested that Li might have borrowed the money from Hu, a former bank employee. However, the court argued that since Li used the bank’s passbook and Hu was acting on behalf of the bank, the repayment should be considered a bank-related transaction. Without evidence of a private loan, this argument was invalid.

The Burden of Proof

In general civil disputes, the party making the claim bears the burden of proof. However, in this case, the court imposed a heavier burden on the bank due to the unequal power dynamic between the parties (the depositor did not have access to the bank’s internal records). Li only needed to produce the passbook to prove his deposit, while the bank had to provide evidence of the money’s withdrawal. Since the bank failed to do so, it was responsible for compensating the depositor.

Lessons for Depositors

Although the court ruled in favor of the depositor, here are some important tips:

  • If you have old savings passbooks or certificates at home, go to the bank to verify their validity and ensure the records are still available.
  • Try to withdraw or reinvest your money promptly to prevent data loss due to system upgrades or damage to the documents.
  • If the bank claims no record of your deposit, keep the relevant documents and contact the bank’s management or regulatory authorities immediately; don’t wait 20 years to file a lawsuit.

The Significance of This Judgment

This case serves as a warning to banks: they cannot use “lack of system records” as an excuse for not honoring deposits. As financial institutions, banks have a responsibility to manage their data accurately and responsibly. Only by doing so can they maintain public trust in the financial system. For depositors, it confirms that as long as they have valid proof, the bank is obligated to fulfill its obligations.

In One Sentence

An old savings passbook is not worthless; banks cannot use “system errors” as a pretext for refusing payments. Depositors should regularly verify their documents to protect their financial interests.