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I think people who want to owe money and don't pay it back will be punished accordingly, the best way is to use legal means, not only the borrower will get an education, but also your money can be returned faster, prosecution is a method, if you don't know how to sue, it is recommended to search for an IOU on WeChat, ask for litigation assistance.
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This is really hateful, they must not be indulged, they must be punished.
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1) Evidence proving the parties' qualifications as the subject of litigation.
1. If the party concerned is a natural person, he or she shall submit identity identification materials, such as ID card or household registration booklet.
2. If the party concerned is a legal person or other organization, the registration materials of the entity shall be submitted, such as a copy of the industrial and commercial business license or the industrial and commercial registration list issued by the industrial and commercial registration authority, and the registration certificate of the legal person of the association.
3. If the names of the parties have been changed after the occurrence of the disputed legal relationship, the registration materials for the change shall be submitted.
2) Evidence proving the existence of the loan relationship.
Loan contracts, loan agreements, IOUs, IOUs, repayment commitments, etc.
3) Evidence of repayment of loans.
Receipts or proof of payment for each repayment of principal and interest.
Article 514 of the Civil Code: Unless otherwise provided by law or otherwise agreed by the parties, the creditor may request the debtor to perform the debt in the legal tender of the place of actual performance, unless otherwise provided by law or otherwise agreed by the parties.
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The details of the way to dispose of the money owed and not to repay it are as follows:
1. Negotiate and settle. Some debtors are not unwilling to repay the money, if this is the case, they can negotiate a settlement, write an IOU in time, and urge him to repay the loan as soon as possible. If you can negotiate and solve it as much as possible, after all, harmony is precious;
3. Apply for a payment order. If the borrower has made an IOU, and the other party repeatedly denies and refuses to repay the money after the expiration of the contract, he can directly apply to the court for a payment order with the IOU.
4. Apply for compulsory enforcement. After the law states guess the documents take effect, apply to the court for enforcement, and the court will inquire about the real estate, vehicles, ** and deposits in the debtor's name in accordance with the law when accepting the enforcement. If there is property in the name of the person subject to enforcement that can be used for enforcement, the court will seal and seize it.
If the debtor has no property in his name that can be used for enforcement and refuses to perform the effective judgment of the court, negative information such as overdue repayment will be added to his personal credit report and included in the list of dishonest persons, and he will be restricted from high consumption and entry and exit, and may even be subject to judicial detention.
Legal basisArticle 221 of the Civil Procedure Law of the People's Republic of China.
If the creditor requests the debtor to pay money or valuables, and meets the following conditions, it may apply to the basic people's court with jurisdiction for a payment order:
1) The creditor and the debtor have no other debt disputes;
2) The payment order can be served on the debtor.
The application shall clearly state the amount of money or valuable ** requested and the facts and evidence on which it is based.
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If you owe money, you can first understand the reasons why the other party cannot repay the loan, and negotiate with the other party to formulate a reasonable repayment plan.
If the other party fails to repay in bad faith, the creditor can apply to the court for a payment order or file a lawsuit, and if it still fails to repay after the judgment, it can apply for compulsory enforcement.
The solution to the problem of owing money and not changing:
1. If the debtor does not repay the money, he can negotiate, mediate or litigate, or apply to the court for payment.
2. Pay attention to the statute of limitations when filing a lawsuit.
3. If the creditor requests the debtor to pay money and valuable, and meets the following conditions, it may apply to the basic people's court with jurisdiction for a payment order.
4. The creditor and the debtor have no other debt disputes, and the payment order can be served on the debtor.
Consequences of borrowing money and not paying it back:
In private lending, it often happens that the debtor does not repay the borrowed money, and if this situation occurs, the debtor can sue the debtor in court according to the IOU or loan contract issued by the creditor and the debtor, or apply to the relevant department for arbitration.
One-day arbitration has legal effect, the creditor can apply for enforcement, enforcement can auction the debtor's real estate and car, as well as movable or immovable property such as **, if the debtor has no property, may be included in the blacklist of the national court, after being blacklisted, the debtor will be restricted from high consumption. <>
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If you can't negotiate, you can ask for money through mediation or arbitration, and if you can't do that, you can file a lawsuit with the court and ask the court to order the other party to repay the money. For litigation, it should be noted that it is necessary to prepare the corresponding evidence materials, such as IOUs, IOUs, transfer records, third-party certificates, etc. Article 667 of the Civil Code A loan contract is a contract in which the borrower borrows money from the lender and returns the loan at maturity and pays interest.
Article 668: The loan contract shall be in written form, unless otherwise agreed upon between natural persons. The content of the loan contract generally includes the type of loan, currency, purpose, amount, interest rate, term and repayment method.
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