The boss made an IOU, and what should I do if I don t pay the money when it expires

If the other party has the sincerity to repay the loan, but is temporarily unable to repay the loan or repay the loan in full at one time, it may consider giving an appropriate and reasonable grace period or repaying the loan in installments. If the other party has no sincerity to repay but has the ability to repay, it is recommended to take appropriate measures to put pressure on the other party to repay the loan. If the effect of dunning cannot be achieved by non-litigation means, it is recommended to immediately take legal measures to protect rights.

Legal analysis

Owing money is not a civil dispute, so it does not fall within the scope of acceptance by the public security organs. The parties may file a civil lawsuit with the people's court to demand that the other party repay the arrears. According to the relevant laws of China, under normal circumstances, the limitation period for filing a request to the people's court for protection of civil rights is three years.

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. Therefore, if it is determined that the boss does not plan to give money, it is recommended to immediately collect relevant evidence and go to the local people's court to sue to protect your legitimate rights and interests. If the lawsuit is filed and the boss still does not pay back, he can apply to the court to enforce it.

Enforcement is generally a measure carried out by the court in the event that the relevant provisions or penalties are not recognized or enforced, so as to ensure that the legitimate rights and interests of the relevant persons can be effectively protected and compensated. If the person subject to the enforcement application fails to perform its obligations in accordance with the enforcement notice, the people's court has the right to seal, seize, auction or sell the part of the property that the person subject to the enforcement application shall perform its obligations.

Legal basis

Civil Code of the People's Republic of China

Article 188:The statute of limitations for requests to the people's courts for the protection of civil rights is three years. Where the law provides otherwise, follow those provisions. 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, if more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not grant protection, and where there are special circumstances, the people's courts may decide to extend the rights holder on the basis of the right holder's application.

Article 687:Where the parties agree in the guarantee contract that the guarantor shall bear the guarantee liability when the debtor fails to perform the debt, it is a general guarantee. The guarantor of a general guarantee has the right to refuse to bear the guarantee liability to the creditor before the main contract dispute has not been tried or arbitrated, and the debtor's property is still unable to perform its obligations in accordance with the law, except in any of the following circumstances: (1) the debtor's whereabouts are unknown and there is no property available for enforcement; (2) the people's court has accepted the debtor's bankruptcy case; (3) The creditor has evidence to prove that the debtor's property is insufficient to perform all debts or loses the ability to perform debts; (4) The guarantor waives the rights provided for in this paragraph in writing.

Article 239 of the Civil Procedure Law of the People's Republic of China The period for applying for enforcement is two years. Where an application is made for the suspension or interruption of the statute of limitations, the provisions on the suspension or interruption of the statute of limitations shall be applied in accordance with the law. The period provided for in the preceding paragraph is calculated from the last day of the period for performance provided for in the legal document; Where the legal documents provide for performance in installments, it is calculated from the last day of the period for each performance provided; Where the legal document does not provide for a period of performance, it is calculated from the date on which the legal document takes effect.

If the employer has deducted or defaulted on wages, it is recommended to report and complain to the local labor inspection brigade with jurisdiction to demand the arrears of wages. Ask for a solution. The Labour Inspection Brigade is the specialized body that deals with such disputes.

Article 50 of the Labor Law stipulates that wages shall be paid to the worker himself in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed. Article 10 of the "Regulations on Labor Security Inspection" The labor and social security administrative departments shall carry out labor security inspections and perform the following duties:

1) Publicize labor security laws, regulations, and rules, and urge employers to implement them; (2) Inspect the employer's compliance with labor security laws, regulations, and rules; (3) Accepting reports and complaints about violations of labor security laws, regulations, or rules; (4) Correct, investigate and deal with violations of labor security laws, regulations or rules in accordance with the law.

Legal analysis: 1. The most time-saving way to negotiate with your company to get your wages back is to negotiate with the company, or you can ask the labor union or a third party to negotiate with the employer to reach a settlement agreement.

2. Seek mediation with relevant departments If you are unwilling to negotiate, fail to negotiate or your company still does not perform after reaching a settlement agreement, then you can also apply to the mediation organization for mediation now.

3. To apply for labor arbitration, if you are unwilling to mediate, fail to mediate, or fail to perform after reaching a mediation agreement, then you can now apply to the labor arbitration commission for arbitration.

4. If you can't solve the problem by going to the court to file a lawsuit, then you don't need to be in a hurry, you can directly file a civil lawsuit with the court to recover the labor remuneration that should be paid to you.

Legal basis: Article 3 of the Civil Procedure Law of the People's Republic of China: The provisions of this Law apply to people's courts accepting civil lawsuits brought by citizens, legal persons, and other organizations, as well as between them on the basis of property and personal relationships.

If the boss does not give money, he can file a civil lawsuit against the boss with the local people's court with the IOU, demanding that the boss repay the debt. According to the law, to sue, there is a clear debtor, and the specific appeal requires the other party to repay the arrears, and the IOU is used as evidence to ask the boss to return the arrears by virtue of the above conditions. In addition, the law also stipulates that creditors have the right to apply to the court for enforcement.

Legal Analysis] The law stipulates that whoever asserts the claim shall bear the burden of proof, and the IOU is very important and is the key evidence, because it can prove the fact that the boss owes the money and the amount of the arrears. Debt disputes are very common civil acts, after the creditor files a lawsuit with the court, after the court judgment, the other party still refuses to perform the obligation, and the debtor is unable to repay the debt, you can communicate with the other party whether to pay the debt in installments. Or apply to the court for enforcement, the court will freeze the assets of the other party in time to prevent the other party from transferring property, and will directly help the debtor fulfill its obligations, transfer the debtor's assets to the creditor, and repay the debt.

The law protects the rights of creditors from infringement of wages in arrears, and when their rights are infringed, creditors should be aware that they will file a lawsuit with the court within three years from the date on which their legal rights are infringed. If the three-year statute of limitations has expired, the people's court will not accept it, and the lender's claim will lose the protection of the law.

Personal suggestion] There are many ways to recover arrears, such as negotiating and communicating with the other party and asking the other party to pay the arrears, negotiation is the easiest way. Therefore, it is recommended that the parties should first communicate reasonably with the other party, and if they can't communicate, they should immediately take up the law to protect their legitimate rights and interests.

Legal basis

Article 119 of the Civil Procedure Law of the People's Republic of China The following conditions must be met for prosecution:

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.

Article 236:Parties must perform on legally effective civil judgments or 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 enforcer for enforcement. The parties must perform the mediation document and other legal documents that shall be enforced by the people's courts.

If one party refuses to perform, the other party may apply to the people's court for enforcement.

Legal analysis: If the wages of the boss are in arrears, but the wage IOU is written but not paid, the party should keep the original wage IOU as important evidence. At the same time, it is necessary to collect other materials, including labor contracts or agreements, the actual amount of work that has been completed, the roster and flow of wages paid by the previous boss, and the personal information of the boss, etc., and write accurate written materials, and then complain and report to the labor inspection department with jurisdiction, and cooperate with the labor inspection team to collect the arrears of wages.

If you still don't get your salary, you should file a lawsuit with the court within the statute of limitations (i.e., within three years from the date the boss writes the wage receipt).

Legal basis: Labor Contract Law of the People's Republic of China

Article 19 Where the term of a labor contract is more than three months but less than one year, the probationary period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probationary period shall not exceed two months; For fixed-term and indefinite-term labor contracts of more than three years, the probationary period shall not exceed six months.

The same employer and the same employee can only agree on a probationary period once.

Where a labor contract is for the completion of a certain work task or where the term of the labor contract is less than three months, a probationary period must not be stipulated.

The probationary period is included in the term of the employment contract. If the labor contract only stipulates a probationary period, the probationary period shall not be established, and the period shall be the term of the labor contract.

Article 20 The wages of a worker during the probationary period shall not be lower than the minimum wage of the same post in the unit or 80 percent of the wage agreed in the source or labor contract, and shall not be lower than the minimum wage standard of the place where the employer is located.

Article 21 During the probationary period, the employer shall not terminate the labor contract except for the circumstances provided for in Article 39 of this Law and Paragraphs 1 and 2 of Article 40. If the employer terminates the labor contract during the probationary period, it shall explain the reasons to the employee.

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;

The boss has an IOU, and if it is not given when it expires, then go to the court to sue, and the person who finds the executor will give it.

1. Reconciliation. The way of negotiation and settlement is the simplest and most convenient way to solve the problem, and the creditor and the debtor can negotiate to solve the debt problem, and it is best to sign an agreement such as a repayment agreement to perform the debt according to the way agreed by both parties. It is also possible to sign a settlement agreement with the mediation and witness of a third party.

2. Mediation. Mediation is also a way to solve the problem, mediation and reconciliation are both ways for both parties to negotiate to solve the problem, but mediation is a way to mediate with the support or witness of an independent third party, and the court or arbitration institution as a third party presides over the fault and procedure of mediation, and the court will issue a mediation agreement after the two parties reach an opinion.

3. Arbitration. Arbitration is not applicable to all cases, but arbitration may be used for cases involving property interests, such as labor disputes. Therefore, arbitration can also be used for the treatment of personal debts, and the cost of arbitration is much lower than the cost of litigation and the confidentiality is strong.

4. Litigation. Litigation is commonly known as litigation, which means that the parties resolve their disputes through the process of litigation. It is left to the judge to judge and decide, and the court will make a judgment to deal with the debt in the manner specified in the judgment.

Although the time for litigation is relatively long, there is the coercive power of the court to ensure enforcement.

5. Enforcement.

If the debtor refuses to perform the debt after the court has made a judgment, the creditor may apply to the court for compulsory enforcement, request a payment order, or forcibly seize and transfer the property of the person subject to enforcement according to the judgment.

6. Pre-litigation preservation or litigation preservation.

In order to prevent the debtor from selling its property to escape the debt, the creditor can carry out pre-litigation property preservation before the lawsuit and freeze the debtor's property in advance to ensure that there is enough property for enforcement.

How can the boss sue if he doesn't pay the money after making an IOU?

If the boss does not pay the money after making an IOU, he may prepare a complaint and submit the evidence materials related to the case to the court with jurisdiction to file a lawsuit, and the parties should pay attention to the fact that the plaintiff has a direct interest in the case and must have a clear defendant.

Labor Contract Law of the People's Republic of China

Article 85 In any of the following circumstances, the labor administrative department shall order an employer to pay labor remuneration, overtime pay or economic compensation within a specified period of time; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay compensation to the employee at the rate of between 50% and 100% of the amount payable

1) Failure to pay the labor remuneration of the worker in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state;

2) Paying wages to workers at a rate lower than the local minimum wage standard;

3) arranging overtime work without paying overtime pay;

4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.

The above is the content of what to do if the boss does not pay the IOU, you can learn more about it.