How do I ask for money through legal means? How to go through the legal process to ask for money

Hello, debt repayment, a matter of course, but you can't wait at home to collect debts, in the two-year statute of limitations stipulated by law, you must come to collect debts, it is really not recommended to immediately go to the court to sue, and seize the other party's property in time, otherwise it is likely that your money will be wasted.

The lawyer reminds that when borrowing, in addition to requiring the borrower to issue an IOU in accordance with the law, it is also necessary to remember that the borrowing should not exceed the statute of limitations, however, the starting point of the statute of limitations is calculated from the date on which the right holder claims the right, that is, after lending money to others, don't forget that there must be evidence to prove that you have been reminded to repay the money within 2 years, otherwise, if the statute of limitations is exceeded, even if others owe you money, you are likely not to get it back.

When litigating a debt dispute, the parties should provide the following evidence.

1.Documentary evidence such as ID cards, contracts related to creditor's rights and debts, debit receipts, bank remittance slips, notarial deeds or invoices.

According to Article 4 of the Several Opinions on the Trial of Loan Cases by the People's Courts issued by the people's courts, when the people's courts review the litigation of loan cases, they shall require the plaintiff to provide IOUs in accordance with Article 108 of the Civil Procedure Law; If there is no written IOU, the necessary factual basis shall be provided. Lawsuits or rulings that do not meet the above requirements will not be accepted. In addition, where the evidentiary materials are photocopies, and the person providing them refuses to provide the originals or the originals' clues, and there are no other materials to corroborate, and the opposing party refuses to admit them, they must not be used as the basis for determining the facts in the litigation.

2.If the client is a company, it is also necessary to provide copies of the company's business license, organization certificate, legal person certificate, etc. (stamped with the company's official seal).

3.Witness testimony.

The parties must choose the testimony of witnesses who have no interest in them as evidence, and ensure that the witness can testify in court, so as to facilitate the smooth conduct of the court hearing. The Supreme People's Court's "Opinions on Several Issues Concerning the Implementation of Civil Policies and Laws" stipulates that the confirmation of a lending relationship should generally be based on a written IOU, and if there is no written IOU, there must be a disinterested witness to prove it. It can be seen that the evidentiary effect of witnesses is also the key to whether the parties can win the case.

4.Recording. Audio-visual materials refer to the evidence that uses the images and sounds reflected in audio and video recordings, CD-ROMs, film films, etc., as well as the materials stored in computers, to prove the true situation of a case.

With the development of the times and the improvement of the parties' awareness of proof, more and more audio-visual materials and evidence are used by the parties. For example, mobile phone recording, *** recording, voice recorder recording, etc.

Summary. Dear, hello, how to go through the legal process to ask for money is as follows: If you want compensation or protect your own rights and interests, you can first try to negotiate with the other party to settle it.

If the negotiation is invalid, you can file a civil lawsuit with the court or apply for arbitration for legal support. Before filing a lawsuit, you need to understand and verify the relevant evidence and facts, and submit the corresponding litigation materials to protect your legitimate rights and interests.

Borrowing tens of thousands of yuan from friends, there are transfer records and chat records, can I go through the legal process to ask for money?

Hello dear, how to go through the legal process to ask for money is as follows: If you want compensation or protect your own rights and interests, you can first try to negotiate with the logarithmic tenant Shisun to settle it. If the negotiation is invalid, you can file a civil lawsuit with the court or apply for arbitration for legal support.

Before filing a lawsuit, you need to understand and verify the relevant evidence and facts, and submit the corresponding litigation materials to protect your legitimate rights and interests.

Legal basis: The "Civil Litigation Law of the People's Republic of China" and other relevant laws and regulations. If the other party owes money or infringes upon your legitimate rights and interests, you can require it to perform its obligations or give corresponding compensation through the above procedures in accordance with the law.

Dear, if you borrow money from Pengfan and have a transfer record and a record of holding a sedan chair as evidence, and the loan is a legal, true and valid act, then after the loan period expires, you can ask it to return the loan through legal channels.

Summary. Hello dear to me to your problem To recover the arrears, the following legal procedures can be passed:1

Send a demand letter or lawyer's letter: If the debtor fails to repay the debt on time, the creditor can send a demand letter or a lawyer's letter to the debtor to remind the debtor to fulfill the debt. Among them, the lawyer's letter is more legally effective than the demand letter, which can prompt the debtor to perform the debt more quickly.

2.Filing of a lawsuit application: If the debtor ignores the demand letter or lawyer's letter, the creditor can file a civil lawsuit with the court through the lawyer, requesting the court to order the debtor to perform the debt.

3.Enforcement according to the judgment: If the court rules that the debtor must perform the debt and the debtor still refuses to pay, the creditor can submit an application for enforcement to the court, requesting the court to take measures such as sealing, freezing, and auctioning the debtor's property to enforce the judgment.

Borrow tens of thousands of friends, have chat records, transfer records.

Can you go through the legal process to ask for money?

Hello dear to me to your problem To recover the arrears, the following legal procedures can be passed:1Send a demand letter or lawyer's letter:

If the debtor fails to repay the debt on time, the debtor may send a demand letter or a lawyer's letter to the debtor to remind the debtor to perform the debt. Among them, the lawyer's letter is more legally effective than the demand letter, which can prompt the debtor to perform the debt more quickly. 2.

Filing a lawsuit application: If the debtor ignores the demand letter or lawyer's letter, the creditor can file a civil lawsuit with the court through the lawyer, requesting the court to order the debtor to perform the debt. 3.

Enforcement according to the judgment: If the court rules that the debtor must perform the debt and the debtor still refuses to pay, the creditor may submit an application for enforcement to the court, requesting the court to seize the debtor's property, freeze the book, auction and other measures to enforce the judgment.

Do chat records and transfer records count as evidence?

If you have a loan agreement or a written IOU, you can ask the other party to return the debt through legal procedures. But even if there is no written evidence, only chat records and transfer records can be used as one of the valid evidence. According to the Contract Law of the People's Republic of China, in a money-lending relationship, the parties may conclude the contract by oral agreement or in other written forms.

Therefore, chat records can be used as evidence of a verbal agreement, while transfer records can be used as evidence of the performance of a contract. If you have already tried to communicate with the other party, but the other party refuses to repay the debt, you can consider filing a civil lawsuit with the court of the court and asking the court to order the other party to fulfill the repayment obligation. Before filing a lawsuit, it is advisable to gather all relevant evidence, including chat logs, transfer records, and other evidence that can prove the existence of a borrowing relationship.

Hello dear, if you need to recover your money through legal procedures, you can take the following steps:1Send a lawyer's letter:

If your other party owes money, you can first send a lawyer's letter to the other party, asking the other party to repay the loan as soon as possible, and state the legal consequences. The content of the lawyer's letter shall be objective, accurate, and clear, and can effectively prompt the other party to repay the loan. 2.

File a lawsuit: If the lawyer's letter does not result in repayment, a lawsuit can be filed in court. When filing a lawsuit, it is necessary to submit relevant evidence (such as contracts, IOUs, transfer records, etc.) to the court to prove that the other party has defaulted on the debt.

If the other party still refuses to perform the judgment, it can apply to the court for enforcement. In the process of enforcement, the court will take a series of measures (such as seizure, freezing, auction with socks, etc.) to force the other party to fulfill the judgment and return the arrears.

Relevant legal provisions: Administrative Litigation Law

Article 74: People's courts hearing administrative cases shall collect litigation fees. The costs of the litigation shall be borne by the losing party, and if both parties are responsible, they shall be shared by both parties. The specific measures for collecting litigation fees are provided for separately.

In accordance with the provisions of the Measures for the Payment of Litigation Costs (Decree No. 481 of the State @ Ministry of Affairs):

Litigation fees include: case acceptance fees; Application fee; Transportation expenses, lodging expenses, living expenses, and compensation for lost work incurred by witnesses, evaluators, translators, and adjusters appearing in court on the date designated by the people's court.

The Measures make it clear that the acceptance fee for administrative litigation cases shall be paid in accordance with the provisions of Article 13, Paragraph 5

Article 13: Case acceptance fees shall be paid in accordance with the following standards.

5) Administrative cases are to be paid in accordance with the following standards:

1.100 yuan for each trademark, patent, and maritime administrative case;

2.For other administrative cases, 50 yuan shall be paid for each case.

The application fee for administrative litigation cases shall be paid in accordance with the provisions of Article 14 of these Measures (omitted from the law), and the other item of administrative litigation cases shall be paid according to the facts.

According to the above provisions, if the administrative lawsuit does not apply for enforcement and incurs other expenses, it only needs to pay the acceptance fee (see the above standard for the above). As for the litigation fee for the administrative inaction of the functional department you mentioned, if no other expenses are incurred (i.e., the third fee), the litigation fee is 50 yuan, but if the party suffers losses due to the administrative omission, the party may file an administrative compensation lawsuit.

If you need to be detailed, you should explain it clearly.

The statute of limitations seems to have passed, unless you have a clear collection in the middle, then it can be calculated, but you have to ask their witnesses to testify, but they are all on his side, there are difficulties,,, the basic success rate is not large.

If you file a lawsuit first, you can take pre-trial preservation measures.

If you have breached the contract, it is recommended to ask for it, and if you don't give it, the statute of limitations for suing in court is 3 years, and it has been two years.

Submit the complaint, a copy of the ID card, the litigation fee, and a copy of the evidence to the court case filing hall for processing**Bring the original.

If the other party does not enforce the judgment after it takes effect, you may apply for enforcement of the Civil Procedure Law for the preservation of property.

Article 239.

The period for the execution of the application is two years. Where an application is made for the suspension or interruption of the statute of limitations, the provisions on the suspension or interruption of the statute of limitations shall be applied in accordance with the law.

The period provided for in the preceding paragraph is calculated from the last day of the period for performance provided for in the legal document; Where the legal documents provide for performance in installments, it is calculated from the last day of the period for each performance provided; Where the legal document does not provide for a period of performance, it is calculated from the date on which the legal document takes effect.

Article 240.

Upon receipt of an application for enforcement or transfer of an enforcement document, the enforcement officer shall issue an enforcement notice to the person subject to enforcement, and may immediately take compulsory enforcement measures.

Judging from the IOU, it can be understood that the principal of the loan is 40,000, and 2,000 is two months of interest. As a private loan, the interest is within the scope permitted by law, but the agreed liquidated damages are too high and have no legal basis. Because there is a liquidated damages clause, it is not possible to apply for enforcement, and a lawsuit must be filed with the people's court with jurisdiction first, and the people's court will make a ruling.

Go directly to the lawsuit, ** will force the old man to repay the loan. It's a bit long since you repaid the agreed repayment, so you have to hurry up, it's not easy to do it if it's too long. If it is a transfer, it is best to provide a record of the transfer. Cash is better to have certification.

Ask a lawyer about it. Some things say that it is more reliable to sue in court again.

Find a lawyer, it's too much trouble to get it yourself.

The legal procedures for arrears: 1. Write a complaint in the name of the company; 2. Submit the complaint and provide evidence to the court where the defendant is located; 3. Pending trial, the court will conclude the trial of ordinary cases within 6 months, and if the trial cannot be completed within 6 months, it may be extended by 6 months with the approval of the president of the court; 4. After the judgment takes effect, if the other party does not repay the money, it may apply to the court for compulsory enforcement.

China's current Civil Procedure Law stipulates eight types of evidence, including party statements, documentary evidence, physical evidence, audio-visual materials, electronic data, witness testimony, appraisal opinions, and inquest records. The following evidence should be presented to the court in debt disputes. 1. Proof of identity; 2. Proof of the existence of debts (contracts, receipts, IOUs, arrears, agreements, letters, telegrams, etc.); 3. Evidence of the debtor's repayment of arrears and interest; 4. Interest calculation method, start and end time, basis; 5. Proof of guarantee or mortgage and proof of debt transfer; 6. Where pre-litigation property preservation or property preservation is requested, provide the location and quantity of the property that can be preserved, as well as the bank deposit bank and account; 7. Supporting materials that can prove all or part of the facts of the case.