What should I do if my friend owes money and doesn t pay it back

The other party owes money can be divided into the following two channels, help each other privately, negotiate with him first to understand what the situation is, and collect relevant evidence to prosecute. There will be a set of borrowing processes with companies or banks, as long as you follow the process.

What should I do if I encounter someone who owes money and does not pay it back?

Tell him your grievances directly. Learn more about him from other friends, how he is with other friends around him, and then learn about his recent financial situation. If he does have difficulties, he will have to wait for a while.

Otherwise, this kind of friend has no trust at all, and it is not worth making deep friends.

You should use this money to buy out a friend, and it is better to recognize a person with a little money than to know who he is later.

If you owe money and don't pay it back, why can you still be an uncle The main reason is that the cost of debt collection is too high, and there is no cost to owe money, but this is not the case now, the era of owing money and being an uncle is over, and now the litigation fee of less than 10,000 yuan is only 50 yuan, and as long as you have conclusive evidence, you don't need to hire any lawyer at all, you will pay the case to the court, and someone will come.

It's really hard to encounter such a problem Just say that you are in a hurry to use the money Anyway, this kind of person is not worth being friends in the future Just say it directly, and you have to be direct to thick-skinned people, and you don't have to be embarrassed.

If you don't have a lot of money, then don't want it, just lose it and feed the dog, at least you know what kind of person he is, a little money to recognize the people around you, I think it's worth it!

Find evidence of the loan and coordinate with the debtor to ask for it.

Will you borrow something from him next time?

If not, then you're mature. You recognize someone.

If you will, then you are mature too. You see, when somebody slaps you on the left, you send the right side over as well.

Haha

Legal analysis: If the other party does not repay the debt, it should be required to repay the debt in time. After the debtor owes a debt, the debt shall be repaid in a timely manner.

Debt repayment is a must be done, so since it is the wrong choice of the charm itself that causes the debt, then it is the debtor's responsibility and the debtor's obligation to pay off the debt in a timely manner. If the debtor does not pay the debt, the creditor can file a lawsuit and the court will enforce it by applying to the court.

Legal basis: Article 419 of the Civil Code of the People's Republic of China The mortgagee shall exercise the mortgage right within the limitation period of the main creditor's right; and where it is not exercised, the people's courts will not protect it. According to the provisions of the statute of limitations in China, if the creditor's right has expired and the right is not claimed, the creditor's right will lose the right to win the lawsuit, the main right extends to the subordinate right, and the mortgage right is a subordinate right of the main creditor's right, because the main right is not protected, therefore, the Civil Code stipulates that if the main creditor's right is not claimed within the limitation period, the mortgage right is not protected by the court.

Civil Procedure Law of the People's Republic of China

Article 214:Where a creditor requests the debtor to pay money or valuables, and meets the following conditions, it may apply to the basic level 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.

Article 216:After accepting an application, the people's court shall, after examining the facts and evidence provided by the creditor, issue a payment order to the debtor within 15 days of accepting the creditor's rights and debts, if the creditor's rights and debts are clear and lawful; If the application is not sustained, a ruling shall be made to reject it. The debtor shall pay off the debt within 15 days from the date of receipt of the payment order, or submit a written objection to the people's court. If the debtor does not raise an objection and fails to perform the payment order within the period specified in the preceding paragraph, the creditor may apply to the people's court for enforcement.

It is often seen that friends, relatives, and classmates owe money and do not pay it back, and they are embarrassed to urge, the urging has no effect, and they do not know how to sue, etc., and they have been in arrears or cannot be recovered. In fact, after facing the dunning, when the other party still owes money and does not pay it back, you should immediately sort out the evidence and prepare for the prosecution, and if you are not sure about the prosecution or some legal issues, you can directly go to the relevant professional institutions or lawyers to find help, and you can directly get a professional reply.

What evidence is there, settle directly through court proceedings.

When a friend asks us to borrow money, he needs to clarify the time to repay the money and the countermeasures for not repaying the money, so that it will be easier to win the lawsuit when suing, so that he needs to legally get his legal property back through legal means.

1.First of all, you need to clarify the reason: find out why your friend still owes money, and make sure that he can afford to pay off the debt.

2.Proper communication: Reach out to friends in a timely manner to form good communication and clarify the repayment plan and schedule.

There are a few ways to deal with the problem of not paying back the money you owe.

1. If the other party has property, provide property clues, apply for property protection through litigation, and then apply for compulsory enforcement, so that they can reasonably and legally obtain their own lawful property.

2. If the other party has no property, the other party does not have property, but the debt relationship can be clarified through litigation, and when the other party has money, it will be recovered in a timely manner. However, you can apply to the court for enforcement, and you can even get compensation according to a certain amount of interest, and you can still get your money back.

3. It can create a certain legal deterrent to those who owe money, so as to urge them to repay the money as soon as possible. Note: You must not claim your legal property through illegal means, which means that you can obtain your legitimate rights and interests through improper means.

For example, if the other party is physically injured through some coercive measures, it will constitute a crime, and he will be imprisoned, and the gains outweigh the losses. Another illegal way is to infringe on the reputation and other personal rights of the lai, such as posting big-character posters and spreading them on the Internet.

Collect relevant evidence to prove it and resolve it directly through court proceedings. Apply for compulsory enforcement after the judgment takes effect.

The IOU is clearly written, and one is accurate. The new regulations do not have a big impact...

If a friend owes money and has no money to repay, the party concerned can negotiate with the other party to repay the loan in installments or deferred; If the other party still fails to repay the loan after a reasonable period of time, the parties may apply to the arbitration institution for arbitration in accordance with the arbitration agreement in accordance with the law; or prepare a complaint and evidence materials to file a lawsuit with the court in accordance with the law.

[Legal basis].

Article 2 of the Arbitration Law of the People's Republic of China.

Contract disputes and other disputes over property rights and interests between citizens, legal persons, and other organizations that are equal subjects may be arbitrated.

Article 120 of the Civil Procedure Law of the People's Republic of China.

A complaint shall be submitted to the people's court, and copies shall be submitted in accordance with the number of defendants.

Article 122.

Where a party sues a civil dispute in a people's court and it is appropriate to mediate, mediation is to be conducted first, except where the parties refuse to mediate.

Article 236.

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 enforcement officer for enforcement.

Article 242.

If the person subject to enforcement fails to perform the obligations set forth in the legal document in accordance with the enforcement notice, the people's court has the right to inquire about the property of the person subject to enforcement, such as deposits, bonds, shares, and shares. The people's court has the right to seize, freeze, transfer, or sell the property of the person subject to enforcement according to different circumstances.

Legal analysis: If a good friend owes money and does not pay it back, you can negotiate the repayment first, and if the negotiation fails, you can directly sue the court for processing, and prepare the corresponding evidence, such as the original IOU, evidence of the loan, etc., the way needs to pay the court's case acceptance fee first, and the fee is determined according to the amount of the lawsuit.

Legal basis: Civil Code of the People's Republic of China

Article 667 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.

It is inevitable that some borrowing money will happen between friends and classmates. 1. Choose a good time to collect debts. Calling others to repay the money should grasp the time and place, and choose the right time and place, such as before the New Year and before the holiday.

When a friend goes to work in the company, when he is in love, go to his house and his company to find the right time and place. 2. Dare to speak, be thick-skinned, and not afraid of hurting feelings. It is only natural to repay debts.

Often, we have a hard time talking to our friends, which leads to the delay of our debts and the unhappiness of our thoughts all day long. 3. For those who do not keep their reputation, they will never borrow a second time. When borrowing money, you should ask about the return time, be a trustworthy person, and make friends with credit.

4. A more direct method, ** directly explain to him that you need money for your difficulties. If he doesn't have it, he will ask him to borrow it from another friend, or wait at home to find a way. 5. More tactful:

Send him a message, communicate with him that he has no money recently, is very poor, etc., and implies that he will pay back the money. 6. Go to his house to find him and talk to him. 7. For those who often go to chic with some rich people and do not plan to repay the money, if the previous communication methods are ineffective, find their family and his friends.

Explain the situation. 8. Newspapers, advertisements, and doxing searches shouting that he should pay back the money 9. For those who intend to repay their debts, if the evidence is sufficient, they should first find an arbitration institution to solve the problem, and if they can't coordinate and solve the problem, they will take the judicial route. 10. There are a variety of debt collection methods, which are more nerve-wracking, and the above is for your reference only, and the debt collection is carried out according to the specific situation.

In a civil case, where the plaintiff files a lawsuit with the court, it is required to pay the case acceptance fee in advance in accordance with regulations. The dispute over the recovery of debts is also a type of civil dispute, and at this time, the determination of the case acceptance fee that should be paid in advance depends on the approximate amount of property involved. If the amount is only 5,000 yuan, the case acceptance fee to be paid at this time is 50 yuan.

If the money owed is not repaid, the creditor has the right to file a lawsuit in the people's court at the place where the defendant is domiciled to demand that the defendant repay the arrears. The statute of limitations for debt disputes is three years, and if the repayment period is agreed, the statute of limitations is calculated for three years from the date of expiration of the repayment period; If there is no agreed repayment period, the other party shall be given a grace period, and the statute of limitations shall be calculated for three years from the date of expiration of the grace period, and after the expiration of the three-year period, the right to prevail in the course of the litigation will be lost.

Legal analysisWhen sueing, you need to write a complaint first, and then submit the relevant evidence you have collected in combination with the needs of the case, so that the court can accept your own claim. The statute of limitations for litigation is three years, that is, three years have elapsed from the date of expiration of repayment, and the people's court will not protect it, but if the debtor appears in court to respond to the lawsuit and does not raise a statute of limitations defense, it is not subject to the three-year statute of limitations. If the parties have not agreed on the term of the loan, the creditor may, in accordance with the law, demand the debtor to return it at any time, provided that the debtor is given a certain reasonable period of time.

Therefore, the IOU is useful, as for the lawsuit, it is generally in the place of the defendant's household registration, and if the place of household registration is inconsistent with the place of habitual residence, the lawsuit is filed in the people's court of the place of habitual residence, and the said defendant's household registration is not in this city, but he lives and lives in this city, and if the time continues for more than one year, he can sue in this city. Those who owe money and do not repay the money as long as they have an IOU may go through the legal process to protect their rights and interests, but they must be raised within the statute of limitations, so that they can only be implemented with relevant legal evidence.

[Legal basis].Civil Procedure Law of the People's Republic of China》 Article 119:The following conditions must be met for a lawsuit: (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.