What should I do if I don t repay the arrears maliciously? How to deal with the debtor s malicious n

Applying for a payment order is one of the effective ways to recover the amount owed. According to the provisions of the Civil Procedure Law of China, if the creditor requests the debtor to pay money and valuable, it may apply to the basic people's court with jurisdiction for a payment order if the following conditions are met: the creditor and the debtor have no other debt disputes; The payment order can be served on the debtor.

If the debtor fails to repay the debt within 15 days after receiving the payment order issued by the people's court, or fails to raise a written objection to the people's court, the creditor may apply to the people's court for compulsory enforcement.

If you deliberately don't pay it back or make up the IOU, you can collect other evidence, chat transfer records, all of which can be sued for him. Moreover, if you file a lawsuit, you need the identity information of both parties and the indictment to go to the court to file a case. If you don't understand the process, you can ask him.

In real life, the phenomenon of debtors never returning in order to achieve the purpose of malicious debt evasion often occurs, and because they are restricted by the statute of limitations, it often brings great difficulties to creditors to claim their rights. In the case of a loan where the debtor's whereabouts are unknown, the creditor can recover the arrears through the following channels:

1. Find a collection agency platform to help collect.

In the context of building a social credit system of "untrustworthiness in one place, restrictions everywhere", it actively responds to the call of the state, promotes the culture of integrity, builds a solid foundation of integrity, and breaks through traditional collection methods through credit education and technology empowerment, so it can be tried.

2. Within the limitation period, the creditor may directly file a lawsuit with the people's court where the debtor's original residence or property is located to recover the debt.

When filing a lawsuit, you should have evidence such as an IOU to prove the existence of a loan relationship, and the court will file and accept the case. Since the debtor's whereabouts are unknown, the court generally summons the debtor to respond to the lawsuit in the form of public notice service after the case is filed. At the expiration of the notice period, if the debtor does not file a lawsuit, the court will make a default judgment in the case where the relationship between the borrower and the borrower is clear after trial.

After a default judgment, although the debtor's whereabouts are unknown, the court may, upon the application of the creditor, take the method of auctioning the debtor's house or property to pay off the creditor's debt.

3. The debtor shall apply to the court to declare the debtor a missing person, and then the custodian shall pay the loan from the property of the missing person.

Article 20 of China's "General Principles of the Civil Law" stipulates that if a citizen's whereabouts have been unknown for two years, the interested party may apply to the people's court for a declaration of his missing person.

Article 21 stipulates that the property of a missing person shall be held in trust by his spouse, parents, adults or other close relatives or friends. Taxes, debts and other expenses due to the missing person are paid by the custodian from the missing property.

If the debtor maliciously fails to repay the debt, the creditor may apply for arbitration or file a lawsuit to deal with it, and if the debtor still refuses to perform according to the legal judgment document of the law, the creditor may apply to the court for compulsory enforcement.

Legal basis] Article 2 of the Civil Procedure Law.

The parties must perform on legally effective civil judgments and rulings. If one party refuses to perform, the other party may apply to the people's court for enforcement, or the adjudicator may transfer it to the enforcer for enforcement.

The parties must perform the mediation document and other legal documents that shall be enforced by the people's courts. If one party refuses to perform, the other party may apply to the people's court for enforcement.

Article 245.

If one party fails to perform on a creditor's right document that has been given compulsory enforcement effect by a notary public in accordance with law, the other party may apply to the people's court with jurisdiction for enforcement, and the people's court receiving the application shall enforce it.

If there is a mistake in the notarized creditor's rights document, the people's court shall rule not to enforce it, and send the ruling to both parties and the notary public.

Legal analysis: If you refuse to perform after the court judgment takes effect, you need to bear the corresponding legal consequences. If you don't pay back the money you owe, you may face the following problems:

After the plaintiff initiates a lawsuit, it shall actively respond to the lawsuit and strive for a judgment favorable to itself; If the court judgment is against you, you should do so as soon as you have the ability to do so; After the court judgment takes effect, the plaintiff may apply to the court for compulsory enforcement, and the court will seal and freeze the property of the person subject to enforcement in accordance with the law; If the person subject to enforcement has the ability to perform but refuses to perform, the court may include the person subject to enforcement in the list of dishonest persons, affecting the daily life of the person subject to enforcement. Finally, the person subject to enforcement may be sentenced to a criminal penalty for refusing to perform the effective judgment documents.

Legal basis: "Civil Procedure Law of the People's Republic of China" Article 254: Where after a people's court adopts the enforcement measures provided for in articles 242, 243, or 244 of this Law, the person subject to enforcement is still unable to repay the debt, it shall continue to perform its obligations. If the creditor discovers that the person subject to enforcement has other property, it may request the people's court for enforcement at any time.

Legal Analysis:1. Late fees, including penalty interest and liquidated damages; 2.

Affect personal credit history. If the lending business does not have a financial license, the arrears will not be subject to credit investigation and will not affect your personal credit history. However, where the lawsuit is brought to court and still refuses to return, it may be entered into the list of judgment defaulters; 3.

If the circumstances are serious, it will constitute a crime and need to bear criminal responsibility in accordance with law. Where a party refuses to enforce or maliciously evades debts, it rises to the level of a crime, and criminal responsibility shall be pursued for conduct with heinous circumstances.

Legal basis: Article 119 of the Civil Procedure Law of the People's Republic of China stipulates that a lawsuit must meet the following conditions: (1) The plaintiff is a citizen, legal person or other organization with a direct interest in the case; (2) There is a clear defendant; (3) There are specific requests, facts, and reasons; (4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court being sued.

If the creditor sues the debtor for failing to repay the arrears in bad faith, and the creditor applies for compulsory enforcement after the court makes a judgment, and the debtor has the ability to enforce but refuses to do so, the court may freeze the property in the debtor's name for repayment of the debt. Where there is the ability to enforce the judgment, but evades and refuses to do so, and the circumstances are serious, it constitutes the crime of refusing to enforce a judgment or ruling, and criminal responsibility must be pursued.

Simple private lending is generally not enough for criminal liability, but if the debtor uses fictitious facts or methods to conceal the truth for the purpose of illegal possession to defraud a large amount of public or private property, it may constitute the crime of fraud and be investigated for criminal liability.

Litigation is just one of the various ways to resolve such disputes, such as negotiation, mediation, arbitration and litigation. In fact, there is another simple way, that is, to apply to the people's court for a payment order, which is one of the effective ways to recover the arrears. If you choose to litigate, you should be prepared for litigation.

1. Pay attention to the collection of evidence.

Civil litigation implements the principle of "whoever asserts shall bear the burden of proof", and if the creditor fails to provide evidence for his claim, he or she will bear adverse legal consequences. In arrears disputes, the creditor must collect evidence that can show the existence of a creditor's right and debt relationship between the two parties before filing a lawsuit, such as agreements, contracts, delivery notes, bills of lading, audio recordings, etc. Where evidence cannot be collected on its own due to an objective original judgment, a people's court may be promptly applied to investigate and collect.

In addition, it should be noted that the evidence collected should be submitted to the people's court within the time limit for presenting evidence, otherwise, the other party may not cross-examine the evidence after the time limit for presenting evidence.

At the same time, in order to ensure the enforcement of the judgment and the realization of the creditor's rights in the future, the creditor may apply to the people's court for property preservation before or at the same time as the lawsuit.

2. The statute of limitations should not be ignored.

In arrears disputes, the statute of limitations is crucial, and if the creditor does not assert his rights within the time limit prescribed by law, he will lose the right to prevail. According to the relevant provisions of Chinese law, the statute of limitations for such disputes is generally 2 years. The specific limitation period is generally calculated from the date on which the right holder knows that the right has been infringed.

For those who have not claimed their rights after the statute of limitations has expired, it is recommended that the creditor should not sue blindly, but should seek professional remedial measures, such as re-entering into a debt repayment agreement with the debtor.

Legal basis

Criminal Law of the People's Republic of China

Article 313:[Crime of Refusing to Enforce a Judgment or Ruling] Where a people's court has the ability to enforce a judgment or ruling but refuses to do so, and the circumstances are serious, a sentence of up to three years imprisonment, short-term detention, or a fine is to be given; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine.

Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph.

Article 314: [Crime of Illegally Disposing of Sealed, Seized or Frozen Property] Concealing, transferring, selling, or intentionally destroying property that has been sealed, seized, or frozen by judicial organs, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention, or a fine.

In order to collect and retain authentic evidence, such as arrears IOUs, repayment agreements, loan contracts, bank transfer receipts, etc., if the collection is invalid after repeated reminders, it is necessary to file a lawsuit with the court within three years of the statutory statute of limitations.

If the loan term has expired and the lender has not repaid the loan after being urged by the lender, the lender may file a lawsuit with the people's court in accordance with the law to protect its legitimate rights and interests. Lenders should pay attention to the statute of limitations when filing a lawsuit, and the statute of limitations period for requesting protection of civil rights from the people's court is three years. Evidence to be prepared to prosecute a debt includes:

1. Loan agreement or IOU;

2. If there is a guarantor in the loan relationship, the evidence of the guarantee;

3. Proof of delivery and receipt of money by both the borrower and the borrower;

4. Proof of the purpose of the debtor's borrowing;

5. Proof that the debtor should pay interest;

6. If there is an interest-free agreement, where the creditor requires the debtor to repay the overdue interest, or the irregular interest-free loan is not repaid after being reminded, and the creditor demands the repayment of the interest after the reminder, the evidence of the non-repayment or non-repayment after the reminder;

7. If the debtor's whereabouts are unknown, relevant evidence to prove the authenticity of the creditor's rights certificate and the repayment of debts;

8. Proof of payment and interest;

9. Other evidence.

2. What is the procedure for suing for debts?

There are mainly the following procedures for suing to recover debts:

1. Collect evidence of the other party's debts, the identity information of the other party (or the business registration information of the other party and the information of the organization certificate).

2. Submit a complaint to the court to file a case.

When filing a lawsuit, the complaint, evidence, and identity information of both parties should be submitted to the court (if it is a unit, the business registration information of the unit and the information of the organization should be provided). One original copy of the complaint and evidentiary materials must be provided, and corresponding copies shall be provided according to the number of defendants.

3. After the court files the case, the court shall pay the litigation fees according to the regulations.

4. The court will conduct a trial and conduct mediation or judgment.

5. If either party is dissatisfied with the judgment of the first instance, it may appeal, and the higher court shall hear and make a judgment.

5. If the other party fails to perform the effective legal documents, it may apply to the court for enforcement.