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Someone else borrowed my money and kept delaying it and didn't pay it back, I would choose to ask him directly, it should be, it was you who owed me money, not my money, when you borrowed it, you said when you should change it, if it really doesn't work, you tell me the reason, I can also understand, don't keep not paying it back, and don't say the reason.
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In this case, you can directly ask the other party, since the other party has done such a thing, there is nothing to be embarrassed to ask him for, or take the initiative to ask him for money is better.
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I think we should directly pick out the other party and ask for money, tell him that he has been a little short of money recently, or say that he wants to buy something, and let him pay the money back to himself.
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You should communicate with the other party again, clarify your goals and intentions, tell the other party about the legal measures you are about to take, and take legal channels before the results are achieved.
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If he doesn't pay it back, then he must keep the evidence and go to the court to sue if necessary, so as to protect his interests.
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Of course, you should go to collect debts, if the other party does not repay it for a long time, then go to court, after all, the other party does not fight for justice first.
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I should find this person immediately and ask him to pay back the money immediately, and sue him if he doesn't pay the money.
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1. Those who owe money and do not repay the arrears should be sued and dealt with, and the following materials need to be prepared before the prosecution:
1) Preparation of civil pleadings;
2) Filing a lawsuit in the people's court with jurisdiction and submitting relevant evidence;
3) Attend and participate in litigation activities on time in accordance with the notice of the people's court;
4) If they are not satisfied with the judgment or ruling of the first instance, they shall appeal to the people's court of the original trial or the people's court at the next higher level within 15 days after receiving the judgment or within 10 days after receiving the ruling, and submit an appeal petition.
2. Legal basis: Article 675 of the Civil Code of the People's Republic of China.
The borrower shall return the loan within the agreed time limit. Where there is no agreement on the term of the loan or the agreement is not clear, and it is still uncertain in accordance with the provisions of Article 510 of this Law, the borrower may return it at any time; The lender may demand the borrower to return it within a reasonable period of time. Article 676:Where a borrower fails to repay the loan within the agreed time limit, it shall pay overdue interest in accordance with the agreement or the relevant provisions of the state.
Article 565.
If one of the parties claims to terminate the contract in accordance with law, it shall notify the other party. The contract shall be terminated when the notice reaches the other party; If the debtor fails to perform its obligations within a certain period of time, the contract shall be automatically terminated, and if the debtor fails to perform its obligations within that time limit, the contract shall be terminated upon the expiration of the time limit specified in the notice. If the other party has any objection to the termination of the contract, either party may request the people's court or arbitration institution to confirm the validity of the termination.
If one of the parties directly claims to terminate the contract by filing a lawsuit or applying for arbitration without notifying the other party, and the people's court or arbitration institution confirms the claim, the contract shall be terminated when a copy of the complaint or a copy of the arbitration application is served on the other party.
2. What should I do if the person who owes money does not pay back the money and runs away.
If the money owed is not a civil dispute, then it can be resolved through court proceedings, as follows:
1. Collect relevant evidence to prove that the debt is true;
2. Go to the court to file a lawsuit and apply for pre-litigation property preservation;
3. Court prosecution, case filing, trial and judgment;
4. After winning the lawsuit, if the other party does not repay the money within two years of the judgment taking effect, it can file an enforcement lawsuit with the court, if the other party does not execute, in general areas, the bailiff can detain the other party, generally once a year, once for 15 days.
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1. Sign a repayment agreement with the other party. If the other party does not deny it, but only blindly delays the repayment under various excuses, then another repayment agreement can be signed with the other party;
In this repayment agreement, it is necessary to pay attention to the specific method and time limit of repayment, and it can also be agreed with the other party that if it fails to perform when due, it can apply to the court to enforce the debtor's property.
2. Request for litigation preservation at the same time when filing a lawsuit. The so-called litigation preservation is to apply to the court to seal and freeze the property of the other party at the same time or in advance when the lawsuit is filed, so as to ensure that the right holder can get back the money or property in time after winning the lawsuit.
The statute of limitations for filing a request to a people's court for the protection of civil rights is three years. The limitation period is calculated from the date on which the right holder knows or should know that the right register has been damaged and that the obligor has been damaged.
1. The IOU does not write the date of repayment, and the statute of limitations is how many years.
If the IOU does not specify the date of repayment, the statute of limitations shall be calculated for 3 years from the day after the lender requests repayment, and if there is a repayment preparation period, it shall be calculated for 3 years from the day after the expiration of the preparation period, and if the party has not claimed repayment, the maximum limitation period shall be 20 years.
2. Whether the state can sue for owing 8,000 yuan.
If you owe eight thousand dollars, you can sue.
First of all, when you don't pay back the money you owe, you should collect evidence, such as IOUs, receipts, bank transfer records, etc. Then file a lawsuit with the court with jurisdiction, and after the court reviews and determines, it will arrange for the trial time of the civil case to be completed within three months of the summary procedure and within six months of the ordinary procedure. After the judgment enters into force, an application may be made to the Executive Directorate of the Court for enforcement of the judgment.
In general, it is best to apply to the court for property preservation at the same time as filing a lawsuit. Property preservation is to seal the other party's accounts, real estate, vehicles and other property to prevent the other party from transferring property.
It should be noted that, generally speaking, the statute of limitations for creditor's rights and debts disputes is three years, and if it is overdue, the right to request protection from the people's court will be lost. The limitation period is calculated from the date on which the right holder knows or should know that the right has been damaged and the obligor. Where the law provides otherwise, follow those provisions.
However, where more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not protect them; Where there are special circumstances, the people's court may decide to extend the extension on the basis of the right holder's application.
Article 188 of the Civil Code stipulates that the statute of limitations for filing a request to the people's court for protection of civil rights is three years. Where the law provides otherwise, follow those provisions.
The limitation period is calculated from the date on which the right holder knows or should know that the right has been damaged and the obligor. Where the law provides otherwise, follow those provisions.
However, where more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not protect them; Where there are special circumstances, the people's court may decide to extend the extension on the basis of the right holder's application.
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Settlement of the borrower's delay in repayment:
1. If the borrower is unable to repay the loan due to financial difficulties, an appropriate and reasonable grace period or installment repayment shall be given and the other party shall be negotiated and resolved.
2. If the negotiation fails, file a lawsuit with the court to require the other party to pay off the debt.
3. If the loan is still not repaid after the judgment is rendered, it may apply to the court for compulsory enforcement.
Consequences of not paying back the money owed:
1. If the lending institution or bank fails to perform the court judgment within the performance period after winning the lawsuit, it will apply to the court for enforcement.
2. When the court accepts the compulsory enforcement, it will inquire about the real estate, vehicles, ** and deposits in the name of the lender in accordance with the law.
3. If the lender has no property in his name that can be used for enforcement and refuses to perform the effective judgment of the court, there will be negative information such as overdue repayment recorded in the individual's credit report and will be restricted from high consumption and entry and exit, and may even be subject to judicial detention.
4. In the case of refusal to carry out the command of socks despite the ability, it is suspected of the crime of refusing to carry out the judgment or ruling.
Loan amount: 1. The borrowing interest rate will be adjusted accordingly according to the different borrowing methods).
2. The loan amount is from 10,000 yuan to 5 million yuan, and the procedures are complete, and the loan will be disbursed on the same day at the earliest.
3. The loan term ranges from 1 month to 3 years, and the options are diverse.
4. According to the market circulation, the discount rate of collateral items is as high as 80%.
5. The pledged vehicle shall be stored in the garage under special care. Silver Jane <>
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Legal Analysis: Ways to Solve the Borrower's Delay in Repayment:
1. If the borrower is unable to repay the loan due to financial difficulties, an appropriate and reasonable grace period or installment repayment shall be given and the other party shall be negotiated and resolved.
2. If the negotiation fails, file a lawsuit with the court to require the other party to pay off the debt.
3. If the loan is still not repaid after the judgment is rendered, it may apply to the court for compulsory enforcement.
Legal basis: Article 119 of the Civil Procedure Law of the People's Republic of China Article 119 A lawsuit must meet the following conditions:
1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;
2) There is a clear defendant;
3) There are specific litigation claims, 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 receiving the lawsuit.
Article 233 of the Civil Code of the People's Republic of China Where property rights are infringed, the right holder may resolve it through conciliation, mediation, arbitration, litigation and other means.
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You can warn him to return it on time, and go directly to court if he overdue.
If a friend has been delaying repayment for various reasons after borrowing money, or even refuses to repay the loan by his own behavior, he or she can be informed that he should repay the loan on time, otherwise legal measures will be taken. If the friend still does not repay the loan, the creditor can collect relevant evidence and file a lawsuit with the court to apply for a payment order. The creditor shall file a lawsuit with the people's court in a timely manner to avoid exceeding the statute of limitations.
If the other party still fails to perform after the people's court has made a judgment in accordance with law, the people's court may enforce it.
The borrower shall return the loan within the agreed time limit, and if there is no agreement on the loan term or the agreement is not clear, and it cannot be determined according to the provisions, the borrower may return it at any time, and the lender may urge the borrower to return the loan within a reasonable period of time, and if the borrower fails to return the loan within the agreed time limit, it shall pay overdue interest in accordance with the agreement or the relevant provisions of the state.
Maybe you don't have that kind of feeling.
You can indirectly remind him on appropriate occasions with words or actions, if you plan to pay you back, he understands, if he still doesn't understand, then you forget it, just contribute, and pay attention next time, after all, whether it's iron or not, it's for 50 yuan to make a fuss, it shouldn't be!! One more friend, one less enemy, in this society, leave some way back!!
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