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1. You can sue the court to demand repayment, and the court will make a judgment in accordance with the law, and after winning the lawsuit, if the other party refuses to perform, the winning party can apply to the people's court for enforcement, or the judge can transfer it to the executor for enforcement.
2. After accepting the compulsory enforcement, the court will inquire into the real estate, vehicles, ** and deposits in the name of the debtor in accordance with the law, and if the person subject to enforcement does not perform the obligations determined in the legal documents, the people's court may take or notify the relevant units to assist in restricting the exit of the country, recording in the credit reporting system, publishing information on non-performance of obligations and other measures prescribed by law.
3. Cases in which the person subject to enforcement has property available for enforcement shall generally be concluded within 6 months from the date of filing the case;
4. If the court has not completed the execution within 6 months when there are clues about the property of the person subject to enforcement, it may apply to the people's court at the next higher level for enforcement. Upon review, the people's court at the level above may order the original people's court to enforce within a set period of time, and may also decide that the court to enforce it or order another people's court to enforce it.
5. Legal basis:
1) "Provisions of the Supreme People's Court on Several Time Limits for the People's Courts to Handle Enforcement Cases" Article 1: Cases in which the person subject to enforcement has property available for enforcement shall generally be concluded within 6 months from the date on which the case is filed; Non-litigation enforcement cases shall generally be concluded within 3 months from the date on which the case is filed.
Where there are special circumstances that require an extension of the enforcement period, it shall be reported to the president or vice president of that court for approval.
Where an application for an extension of the enforcement period is made, it shall be submitted within 5 days before the completion of the period.
2) Civil Procedure Law (2012 Amendment) Article 226 [Application to a Higher Court for Enforcement] Where the people's court fails to enforce the application for enforcement for more than six months from the date of receipt of the application for enforcement, the person applying for enforcement may apply to the people's court at the next higher level for enforcement. Upon review, the people's court at the level above may order the original people's court to enforce within a set period of time, and may also decide that the court to enforce it or order another people's court to enforce it.
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There is a legal consultation bar for sticking to it.
If the loan is not repaid, it is most efficient to solve it by sending a lawyer's letter. The legal process is complex and long.
If the amount is small and the lawsuit still needs to pay the litigation costs, then the gains may outweigh the losses.
If you send a lawyer's letter, you don't have to worry about this kind of problem.
Find a lawyer to send a lawyer's letter to visit.
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What should I do if I receive a lawyer's letter in my life?
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Legal analysis: A reminder letter is a kind of document book for urging payment, which is a notice used by the paying unit or individual when the payment exceeds the specified time limit and fails to deliver the payment on time. 1. If the actual amount of money is not in arrears or the amount of arrears is incorrect, the lawyer who issued the letter of ambush lawyer should explain the situation in a timely manner and provide corresponding evidence as much as possible for the lawyer to verify.
2. You should contact your lawyer in time and actively repay the loan. If it is difficult to repay the loan in a lump sum, you can also negotiate with a lawyer to repay the loan in installments. If you ignore the lawyer's letter, the other party may file a lawsuit in court, and you may incur losses in court fees, interest on arrears, and may have a negative impact on your personal credit.
The limitation period is calculated from the date on which the right holder knows or should know that the right has been damaged and the obligor. Where the law provides otherwise, follow those provisions. However, where more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not protect them; Where there are special circumstances, the people's court may decide to extend the extension on the basis of the right holder's application.
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Legal analysis: With the progress of the construction of the rule of law, people's awareness of rights protection is getting stronger and stronger, and the role of lawyers is becoming more and more obvious. A lawyer's letter is just a simple lawyer's document, and its role cannot be ignored.
Among them, the cost of the dunning lawyer's letter is not high, generally between 500 and 1500 yuan.
Legal basis: Article 675 of the Civil Code of the People's Republic of China [Time limit for the borrower to return the loan] 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 urge the borrower to return the loan within a reasonable period of time.
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