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Anonymous users2024-02-051. "What should I do in this situation?" ”：
1) Negotiate with him or his wife's family to claim the arrears, and if the negotiation fails, he should file a lawsuit in the court within 2 years after the expiration of the agreed repayment period, and at the same time or before the lawsuit, he can apply for property preservation and seizure of his property, so that the judgment can be enforced quickly after it takes effect.
2) Be careful not to exceed the statute of limitations of 2 years, if it is exceeded, you may lose the right to win the lawsuit, and you can no longer ask the court to protect your creditor's rights, if he does not pay it back by then, the money may be really blind.
2. Whether he is arrested or not does not affect your prosecution. However, if he has already been sentenced to imprisonment, it is convenient for you, and you can sue in the court where you live. If he has not yet been sentenced to imprisonment, you will have to file a complaint in the court of his domicile or habitual residence.
3. "Can I get my money back?" It can only be said that with an IOU, it is no problem for you to win the lawsuit, but whether you can get the money back in time depends on whether he has enough property to be executed:
If he has enough property to enforce, you may get the money back if you apply for enforcement after the judgment takes effect; If he does not have enough property to enforce, you can only apply to the court to suspend the execution and then apply for resumption of enforcement when he has property in the future.
4. If there is an IOU, negotiate with his family as soon as possible to ask for or sue, and don't forget to apply for property preservation. After a long time, his wife or family members transfer his property, and it will be really difficult for you to get the money back.
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Anonymous users2024-02-04The same can be done in court for civil action. After winning the lawsuit, you can apply to the court for enforcement. 30,000 yuan is not a lot, and it is possible to get it back by selling his property.
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Anonymous users2024-02-03It depends on whether they have the ability to repay, and if they have the ability to repay, they can get it back through civil litigation. If you don't have the ability to repay, you win the lawsuit, and it is estimated that they will not have the money to repay you.
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Anonymous users2024-02-02Your friend has no reason not to pay you back, and there is no connection between whether or not he goes to jail and your loans. But what I have to ask is whether there is any evidence of your loan, if you don't have him, if you want to repay your money, it is very likely that you will not get it back, and if there is evidence, if he doesn't pay it back, he can go through the legal route to go through the court to ask for the money. Speaking of the sale of property above, I personally think that there is a common problem of difficulty in enforcement in Chinese courts, that is, whether you can get the money back if you win the lawsuit is not certain.
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Anonymous users2024-02-01Hello! Glad to ask for you. Your case.
1. If it is given to you by someone else and voluntarily given to you, he will generally not be asked to go back. Second, if it is accidentally transferred by mistake, the amount is not very large, but you have already received the money, generally only if you agree to play back. However, if the amount is relatively large, the other party can go back through the legal channel of the previous property to transfer the wrong money.
From a legal point of view: if the money transferred by someone else is a loan, you can sue for return, and if there is written evidence such as IOUs, IOUs, loan agreements, receipts, repayment plans, remittance slips, transfer slips, bank records, etc., it is more likely to win the lawsuit after suing. The borrower shall return the loan within the agreed time limit.
Generally, it cannot be returned, and the donated movable property does not enjoy the right of revocation as long as it is transferred and occupied. Except in any of the following circumstances, the donor may revoke the gift: (1) seriously infringing upon the donor or the donor's close relatives; (2) Failing to perform the obligation to support the donor; (3) Failure to perform the obligations agreed upon in the gift contract.
The right of revocation of the donor shall be exercised within one year from the date on which the donor knew or should have known the reason for revocation. 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. Ant rent.
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Anonymous users2024-01-31Legal analysis: whether the money of the voluntary gift can be returned, depending on the specific circumstances, if it is a paid gift, and the donee has not fulfilled the obligation, the donor can revoke the gift, if it is a free gift, and the money has been transferred to the donee, can not be returned.
Legal basis: Civil Code of the People's Republic of China
Article 658:The donor may revoke the gift before the transfer of the right to the donated property. The provisions of the preceding paragraph do not apply to notarized gift contracts or gift contracts that have the nature of public interest or moral obligations such as disaster relief, poverty alleviation, or assistance to the disabled, which must not be revoked in accordance with law.
Article 661: Gifts may be accompanied by obligations. Where the gift is accompanied by obligations, the donee shall perform the obligations in accordance with the agreement.
Article 663: The donor may revoke the gift under any of the following circumstances:
1) Seriously infringing upon the lawful rights and interests of the donor or the donor's close relatives;
2) Failure to perform the obligation to support the donor;
3) Failure to perform the obligations agreed upon in the gift contract.
The donor's right of revocation shall be exercised within one year from the date on which the donor knew or should have known the reasons for revocation.
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Anonymous users2024-01-30First of all, they can find each other; Secondly, the other party has property in his name.
Indispensable. <>
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Anonymous users2024-01-29It's okay to borrow money from a loan.
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