The other party owes money and does not pay it back, and I have an IOU, what should I do?

In this case, you can only go to court to sue, and of course the odds are very good, because he does owe you money, and you have relevant evidence. If the defendant can be contacted, it will take about a month. If the defendant cannot be contacted, it will take much longer to make a public announcement.

1. If you want to sue, you must first write a complaint. If you don't have a lawyer, you can search for a sample complaint for private lending on the Internet, and you can revise it. There is only one person on the other side, so as long as it is in triplicate, you keep one copy at the bottom, and you can hand in two copies in the court.

2. Then go to the civil case filing window of the court where the other party usually resides, submit the complaint and evidence, and fill in the receipt. In terms of evidence, you will need to attach copies of the IOUs to the two indictments to be submitted to the court. Keep the original by yourself, and submit it to the judge for verification when the time comes.

3. After the court accepts the case, it may organize a case filing and mediation. If mediation is not possible, then the case is formally filed, at which point you pay the legal fees. Officially, the judge will first ask you to read the complaint, you just need to read it once, and then the judge will let you present evidence, and you will show your evidence and explain what the evidence is going to prove.

Then you will express your opinion during the court argument stage, and the main thing is to get the other party to pay back the money. In the end, the judge asks you to make a final statement, and you just have to say that you insist on the claim.

Note: 1. Pay attention to the statute of limitations. The main thing is to see if there is a repayment time on the IOU, if it is written, you should pay attention to the issue of the statute of limitations, that is, if you do not claim your rights to the other party for a long time, then sue to the court, and the other party proposes to exceed the statute of limitations, and the judge will not be able to support your claim.

The statute of limitations for the legal relationship of money owed is two years, starting from the time of repayment on the IOU.

2. You can apply for property preservation before litigation. Pre-litigation property preservation is to seal the other party's account, house, car and other property to prevent the other party from transferring property. This step is not a necessary process, but it can be omitted if the money owed is not much, or the other party has the ability to repay, or the local property cannot be found.

Since you have an IOU in your hand, and the other party's loan term has exceeded the agreed period for one year, you can go directly to the court to file a lawsuit.

Filing a claim with a court with jurisdiction in the defendant's place of residence.

Before litigation, it is recommended to go to the provincial online litigation platform to take a look, and the materials that need to be prepared can also be used through online litigation.

Specific needs online: the electronic version of the complaint (this can be created on the litigation platform), the basic information of the plaintiff and the defendant, the electronic version of the evidence, and the electronic version of the identity information of you and the other party, and finally sign the court confirmation of service.

After the online lawsuit is submitted, the court will inform you that the review is passed, so that you can go to the court to send the above-mentioned pleadings, evidence, personal information, and the paper version of the confirmation of service to the court window, so that you can transfer to mediation, of course, you can refuse this mediation according to your own situation, if the mediation is generally within 15 days, the court notifies both parties to come to the negotiation, you can still refuse if you feel dissatisfied, let the post-sign, and wait to be transferred to the business court.

If the mediation fails, the business court will generally number your case within 7 days, divide it, confirm it with you, and inform you of the time so that you can receive the summons.

Generally, this ** is more than 3 months.

If after the first instance, the other party still refuses to return regardless of whether it is present or not, or the other party may appeal to the second instance, the second instance generally upholds the original judgment, at this time, according to the time of the original judgment of the first instance, you take the court judgment to the court executive bureau to apply for compulsory enforcement, this time is generally one month, the executive board will issue a consumption restriction order to the other party, ordering the other party to declare the garage, bank deposits, valuables, financial insurance, etc. under their name within 30 days and freeze all property in the name of the other party, and the executive bureau will confiscate the other party's property for judicial auction. Judicial detention of the other party.

Eventually, the court will return the money to you.

Hit the ** recording to keep the evidence, keep the IOU and keep the identity information, or go to the court to sue him or find a lawyer to send him a lawyer's letter to see what his reaction is to decide the next step.

You can only go to the court to sue and ask the other party to pay back the money, otherwise it will be even more difficult to ask for it after the prosecution period.

You should go to court and sue the other party, ** will support you.

Insist on dunning money at a certain frequency, play the emotional card, and don't tear your face easily. The stiffness in the relationship gives the other party one more chance not to pay back.

The most effective way to do what to do if you owe money and don't pay it back, Zhenghe Law Firm provides you with a legal way to recover, so that you can learn the most effective way to solve the problem of not paying back money in one minute. Friends who want to know what to do if they don't pay back the money they owe are welcome ****.

What should I do if I have an IOU and others owe money and don't pay it back.

1. Since there is an IOU, go directly to sue, if it is troublesome to sue, you can find a third-party collection agency to urge the world, so that the entrusted agency platform can save your time and energy;

2. The premise is to collect sufficient evidence;

3. See people's hearts when borrowing money, and see character when repaying money.

Legal analysis: If the other party refuses to repay the IOU, the creditor can sue the court to demand repayment, and after the court makes a judgment, if the other party refuses to perform, it can apply to the people's court for 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.

If the other party owes money and does not pay it back, it may file a lawsuit in the people's court in accordance with law. The process of litigation: first, the plaintiff prepares the complaint and collates the relevant evidence; To file a case at the court, you need to bring the original and copy of your ID card, the complaint, and the evidence materials; Pending participation in the trial of ** for litigation; Finally, wait for the verdict.

1. How to sue for private lending.

The process of filing a lawsuit due to a private lending dispute is as follows:

1. Submit a complaint to apply for filing. The creditor can write a complaint and submit it to the court filing office.

2. The court issues a notice of acceptance. After the case is filed by the court, the people's court will issue a notice of acceptance to the creditor.

3. The court organizes the exchange of evidence between the two parties and the submission of a reply by the defendant. The creditor and the debtor exchange evidence between the parties, and the debtor responds to the creditor's claim.

4. Trial, cross-examination and debate. After the above procedures are completed, both parties only need to wait for ** and then participate in the trial.

5. Announce the verdict. It may be that the verdict will be pronounced in court or at a later date.

6. The judgment takes effect and is enforced. Property preservation before filing a lawsuit is conducive to the protection of rights and interests and enforcement.

In addition, it is important to note that the statute of limitations for filing a lawsuit is three years.

2. How to file for divorce unilaterally.

First of all, prepare the prosecution materials, including the complaint, the plaintiff's ID card, marriage certificate, child's birth certificate, a copy of the defendant's ID card or household registration certificate, as well as a series of relevant evidence materials such as the breakdown of the relationship between the husband and wife, child support, and property situation;

Secondly, if the case is filed in the court and the conditions for filing the case are met, the court will deliver a copy of the complaint to the other party within 5 working days, and the other party will submit a reply within 15 working days from the date of receipt of the copy of the complaint;

Then, pre-trial mediation will be conducted, and if the mediation fails, it will be tried;

Finally, the court will conduct mediation again according to the trial situation, and if the mediation fails, a judgment will be made. Those who are dissatisfied with the judgment may appeal to the people's court at the level above within 15 days of the date on which the judgment is served.

3. Post-litigation process for unjust enrichment.

If a lawsuit is filed for unjust enrichment, the complaint should be submitted to the court with jurisdiction, and after the court accepts it, it will review it based on the evidence provided by both parties and then pronounce a judgment.

1. Write a civil complaint, collect relevant evidence materials, and file a case with the case filing window of the people's court with jurisdiction.

2. After the case is accepted, the court will give you a notice of payment, pay a certain percentage of the litigation fee to the designated bank according to the instructions, and then take the payment slip given to you by the bank to the court for exchange.

3. Wait for the court's notice, and generally issue a summons to the original defendant.

4. Appear in court to participate in the litigation at the time and place indicated by the summons.

5. After the court is opened, wait for the verdict, and if you are not satisfied with the verdict, you will appeal to the Intermediate People's Court from the date of receipt of the verdict.

Legal analysis: Someone owes money and does not pay it back, and there is an IOU to sue him. As long as the court finds that the IOU is legal, it will order the other party to perform the repayment obligation in accordance with the content of the IOU, and if the other party fails to perform, it can apply for enforcement.

Legal basis: Article 63 of the Civil Procedure Law of the People's Republic of China Evidence includes: (1) statements by the parties; (2) documentary evidence; (3) Physical evidence; (4) audio-visual materials; (5) Electronic data; (6) Witness testimony; (7) Appraisal opinions; (8) Inquest records.

Evidence must be verified to be true before it can be used as a basis for determining facts.

The ways in which the other party owes money and do not pay it back are:

1. First of all, you can ask the person who owes the money to ask for the arrears, and make audio or video recordings to obtain the corresponding evidence, 2. You can also find people you are all familiar with to participate in the collection, so that you can be a witness in the future;

3. If you still do not give the money after the reminder, you can rely on evidence such as IOUs and audio and video recordings to protect your creditor's rights by suing.

Flow of the lawsuit:

1. Evidence related to mobile phones, writing complaints;

2. When the court files a case, it is necessary to bring the original and copy of the ID card, the complaint, the evidentiary materials, etc.;

3. Participate in the trial and conduct litigation;

4. Wait for the verdict.

Legal basis: General Principles of the Civil Law

Article 84 A debt is a specific relationship of rights and obligations between the parties in accordance with the provisions of the contract or in accordance with the provisions of the law, and the person who enjoys the rights is the creditor and the person who bears the obligations is the debtor.

The creditor has the right to require the debtor to perform its obligations in accordance with the contract or in accordance with the provisions of the law.

Article 85: A contract is an agreement between the parties to establish, modify, or terminate a civil relationship. Contracts established in accordance with the law are protected by law.

Article 88 The parties to a contract shall perform all their obligations in accordance with the provisions of the contract.

If there is an IOU but the other party does not repay the money, the creditor can recover the debt through litigation. If the repayment period agreed on the IOU has expired and the other party has not repaid, the other party can sue; If the agreed repayment period is not reached, the lawsuit cannot be filed. When initiating a lawsuit, they may write the complaint, bring their ID card, and relevant evidence, and go to the case filing division of the basic level court for the location of the defendant's household registration to request that the case be filed.

Legal analysis: the solution to the non-repayment of the other party of the private loan is: 1. If the borrower of the private loan does not repay the money, then the first negotiation can be conducted with the other party, if the two parties fail to negotiate, then the creditor can sue the court within three years or apply for arbitration to recover the debt as agreed; 2. Prepare evidence materials such as complaints and IOUs, file a lawsuit with the court and apply for property preservation; 3. Apply to the court for enforcement against the borrower.

Legal basis: Article 2 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases stipulates that when a lender files a lawsuit with the people's court, it shall provide proof of creditor's rights such as IOUs, receipts, IOUs, and other evidence that can prove the existence of the legal relationship between the lender and the lender.