What to do if the money is not available, what to do if the money is not returned

1. What should I do if the money doesn't come back?

1. The way to deal with the money or not is as follows:

1) Urging the debtor to repay the debt within a certain period of time;

2) If the loan is still not repaid after being reminded, it may apply to the people's mediation committee for mediation;

3) Apply to the people's court for a payment order;

4) Zhi Gao Bei filed a civil lawsuit with the people's court, claiming to repay the debt of the sock banquet.

2. Legal basis: Article 3 of the Civil Procedure Law of the People's Republic of China.

The provisions of this Law apply to the people's courts' acceptance of civil lawsuits brought by citizens, legal persons, and other organizations, as well as between them on the basis of property and personal relationships.

Article 221.

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.

2. What evidence is needed to recover the arrears?

1. Provide written evidence such as IOUs or loan contracts that can prove the existence of creditor's rights and debts. where there is no documentary evidence, the time, place, and amount of the formation of the creditor's rights and debts relationship shall be provided, and disinterested witness testimony or evidentiary clues shall be provided;

2. If there is a guarantor, the name, gender, age, work unit and address of the guarantor shall be provided, and if the guarantor is a legal person, the name of the legal entity, the legal representative and his address shall be provided. If there is a security agreement, a written security agreement or guarantee clause shall be provided;

3. If there is collateral, the name, quantity, amount of price, place of deposit and name of the custodian and other supporting materials shall be provided;

4. Provide proof of the debtor's failure to perform or incomplete performance of obligations within the time limit and proof of claiming rights during the statute of limitations;

5. With regard to the corresponding evidence of the co-defendants, if the other party is a co-defendant, the proof of marital relationship, the corresponding evidence of the shareholder's failure to make capital contributions, the withdrawal of capital contributions, the shareholder's abuse of the independent status of a legal person and the limited liability of the shareholder.

If the money owed is not returned, it can be solved by blindly doing the law, taking the complaint to the court to file a lawsuit, and the court will try it if it meets the conditions for filing the case after review, and the debtor will be investigated for criminal responsibility if he does not implement the court's judgment after the court judgment. If the case is not complicated, it will usually take three months to achieve a result.

1. What should I do if I don't get the money back?

1. Payment of litigation fees.

The litigation fees shall be paid in advance by the plaintiff at the time of filing the lawsuit, and the issue of bearing the litigation fees shall be determined according to the circumstances of the case after the conclusion of the case. If the defendant loses the lawsuit, the defendant shall bear all the legal costs; If both parties win, the costs are to be shared between the parties or to be determined by the court.

2. In general, the following materials should be submitted when filing a lawsuit.

1) An original copy of the complaint, with copies according to the number of defendants;

2) Proof of the qualifications of the parties (including plaintiffs, defendants, third parties, etc.);

3) Evidence of the Court's jurisdiction;

4) Other evidence.

3. Evidence that needs to be submitted for private lending disputes.

1) Loan agreement or IOU;

2) If there is a guarantor in the loan relationship, evidence of the guarantee;

3) Proof of delivery and receipt of money by both borrowers and borrowers;

(4) Proof of the purpose of the debtor's borrowing;

5) Proof that the debtor should pay interest;

6) If the creditor requires the debtor to repay the overdue interest, or the unscheduled interest-free loan is not repaid after being recalled, and the creditor requests the repayment of the interest after the reminder, there shall be evidence that it is not repaid when due or after being reminded;

7) If the debtor's whereabouts are unknown, there shall be relevant evidence to prove the authenticity of the creditor's rights certificate and the repayment of debts;

8) Proof of payment and interest.

2. What should I do if I owe money and don't pay it back?

Where a citizen's whereabouts have been unknown for two years, the interested party may apply to the people's court for a declaration that he is missing.

The property of the disappeared person is held in trust by his spouse, parents, adult children or other close relatives or friends. Taxes, debts and other expenses due to the missing person shall be paid by the custodian from the property of the disappeared person.

It can be seen that the declaration of disappearance will be able to establish the custody relationship of the missing person's property and resolve the issue of the settlement of debts owed by the disappeared person. So it is possible to apply to the court to declare the person who borrowed your money missing, and then ask for the debt owed from his property.

As for the statute of limitations for IOUs, it depends on the circumstances. First of all, for an IOU with an agreed repayment period, the statute of limitations is calculated for 2 years from the day after the expiration of the repayment period.

If the supplier has not asserted its rights after the interruption of the statute of limitations, the limitation period shall be recalculated from the day after the date on which the supplier receives the arrears note written by the buyer", according to which the statute of limitations for such IOUs shall start to run from the date of issuance of the IOU.

If the debtor does not have the ability to repay the debt, the property in the debtor's name will be seized to repay the creditor's loan. The fee to be paid for prosecution is determined according to the amount of property.

Generally speaking, in this case, you can refer to the following ways to protect your rights:

1. First negotiate with the unit to solve the problem, which is the fastest;

2. If it is really impossible to negotiate a solution, and the unit is in arrears of wages, you can go to the local labor inspection department to complain and collect and request to file a case;

3. Or directly apply for labor arbitration to settle the matter, requiring the company to pay wages and economic compensation.

4. Collection through ** and letters. Frequently go to the construction company to inquire about the progress of the project, and pay attention to the recording work, to prevent the other party from drilling the method of wide leakage, keep the evidence in advance, and be prepared. If necessary, send a reminder letter to the other company through the method of ** letter and leave the bottom to block the statute of limitations.

5. Go to the other company's door-to-door collection in person. If the effect of ** and the letter is not ideal, you should often go to the other company's door-to-door collection, maybe one day you meet the boss is in a good mood to sign and settle the payment for you is also possible, so you should take the initiative to come to the door.

6. Entrust a lawyer to collect on your behalf. If your own methods are ineffective or your energy is limited, you can entrust a professional lawyer to deal with it, and they will use their professional knowledge to help you solve problems.

7. Be cautious to entrust a formal and legal debt collection company to collect. In addition to lawyers, there are also some companies that specialize in debt collection, but when looking for such companies, you should pay attention to finding regular companies, and you should also understand their collection methods, and if they are illegal means, they cannot be entrusted.

8. File a lawsuit with the court and provide guarantee to freeze the assets of the other party.

What should I do if I don't get the money?

Hello, 1 report to the labor administrative department (usually the labor management inspection brigade). 2. You can also apply for arbitration directly (the arbitration fee is 200-300 yuan, and if you win, the company will bear all of it). 3. If you are not satisfied with the arbitration result, you can file a lawsuit in court within 15 days after receiving the arbitration document.

4. In accordance with the provisions of the state, in the event of arbitration or litigation, you may request that in addition to the full payment of the wages and remuneration of the employee within the prescribed time, an additional severance equivalent to 25% of the wages and remuneration shall be paid.

If you don't want money, the two parties can negotiate to settle it; If the negotiation cannot be reached, you can also ask an authoritative person to mediate in it; If this is not possible, you can also apply for arbitration or file a lawsuit within the statute of limitations, and the effective judgment of the court can be applied for enforcement.

1. What should I do if I don't give money and keep delaying?

1. Negotiation between the two parties.

2. Mediation. 3. Apply for arbitration.

4. File a lawsuit within the statute of limitations.

How long is the statute of limitations for debt disputes?

1) For private loans that are repaid on a regular basis, the statute of limitations is 3 years from the date of expiration of the repayment period, and the right to request protection from the people's court is lost if it is overdue.

2) For private loans with regular repayment, if the debtor fails to perform the debt after the expiration of the agreed period and issues a note of arrears without a repayment date, the statute of limitations shall be deemed to have been interrupted, and the statute of limitations (3 years) shall be recalculated from the day after receiving the arrears note.

3) For private loans with irregular repayment, that is, private loans without indicating the date of repayment, they are not subject to the limitation of the statute of limitations, but are subject to the maximum protection period of 20 years.

4) For irregular private loans, if the borrower clearly refuses to repay the loan (of course, the borrower shall provide evidence to prove that it has clearly stated that it will not repay), the three-year statute of limitations shall apply from the date on which the borrower expressly refuses to repay.

5) For private loans that have exceeded the statute of limitations, if the parties reach a repayment agreement on the original debt, or the borrower signs and seals the demand notice, it shall be deemed to have reconfirmed the original debt, and the creditor-debtor relationship shall be protected by law.

3. How can the debtor apply to the court for compulsory enforcement if he owes money or does not pay it back?

1. When applying for enforcement, the parties must submit an application for enforcement to the court, explaining the matters, reasons and requirements for the application for enforcement, and provide the bank and property information of the person subject to enforcement as much as possible (not required).

2. If the parties are troublesome or do not understand how to apply for compulsory enforcement, they can entrust a person to apply for enforcement on their behalf. If the entrusting person applies for enforcement on behalf of the client, the signature or seal of the client must be submitted to the court.

3. If you do not know the clues of the property of the person subject to enforcement, you can still apply to the court for compulsory enforcement.

In our daily life, private lending disputes are relatively common, mainly because many people have not repaid the money after the expiration of the repayment period agreed in the IOU, and the lender can ask the other party to repay the money. Of course, there are various ways to ask for repayment, for example, you can go to court to sue and ask the borrower to repay the money.