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Take the right path.
Because it is a friend who borrows money, we should be generous when we ask for money, because our money is borrowed in advance, so we should be bold enough to ask for it back, instead of being embarrassed, or thinking of some crooked ways, but let things worse.
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If a friend borrows money and does not repay it, the party concerned may urge the friend to repay the loan in a timely manner within a reasonable period of time; may apply to an arbitration institution for arbitration in accordance with the law; Filing a civil lawsuit in a people's court; or apply to the basic people's court with jurisdiction for a payment order in accordance with 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 214.
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.
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.
When a lender initiates a private lending lawsuit with a people's court, it shall provide proof of creditor's rights such as IOUs, receipts, and IOUs, as well as other evidence that can prove the existence of a legal relationship between the lenders.
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The specific solutions to the non-repayment of the money borrowed by the friend are: 1. If the borrower of the private loan does not repay the money, then the first thing can be negotiated with the other party, and 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 the complaint and evidence materials, file a lawsuit with the court and apply for property preservation; 3. Apply to the court for enforcement against the borrower.
Legal basis: Article 119 of the Civil Procedure Law stipulates that the following conditions must be met for a lawsuit: (1) the plaintiff is a citizen, legal person or other organization with 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.
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If the amount owed by the other party is sufficient to negotiate the conditions for a lawsuit, then go to court.
Once the money is lent out, don't expect the other party to take the initiative to repay the money. It's not that all people who borrow money borrow money and don't pay it back, but it is to make you ready for this kind of mental pretense.
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In general, people will have different attitudes and ways to deal with people who owe money and do not pay it back, depending on factors such as the situation of the debtor, the size of the amount owed, the identity and credit history of the debtor. Here are some possible ways to deal with debtors:
1. Communicate with the debtor: When the debtor does not take the initiative to contact the creditor or delays repayment, the creditor can take the initiative to contact the debtor and reach a repayment plan or solution through communication and negotiation.
3. Seek legal aid: When the debtor is unwilling to repay or unable to repay, the creditor can protect his rights and interests by seeking legal aid, such as suing the debtor, applying for property preservation, etc.
4. Report to the credit bureau: The creditor can report the credit history of the debtor to the credit bureau, which will have a negative impact on the credit rating of the debtor, thereby prompting the debtor to repay.
It should be noted that the debtor needs to abide by laws and regulations, cannot use illegal means such as violent threats and intimidation, and should protect his or her rights and interests rationally and legally.
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When faced with such a situation, I will follow these steps to deal with it:1Stay calm:
First and foremost, it's important to stay calm and sane. Emotions will only complicate matters, so try to stay calm. 2.
Communication: I try to have an honest and rational conversation with my friends. I would express my feelings, then I would disrupt and ask my friends for thoughts and explanations about the experience.
Through open and honest conversations, we can better understand each other's positions and intentions and find ways to solve problems. 3.Seeking a fair solution:
If the communication with a friend does not result satisfactorily, I will consider seeking a fair solution. Depending on the severity of the situation and the applicability of laws and regulations, this may include negotiating a partial refund of fees with a friend, seeking mediation, or seeking legal assistance. 4.
Despite this predicament, I will do my best to maintain my friendship. Friendship is built on trust and mutual support, so when resolving disputes, I try to be respectful and understanding, and seek amicable solutions to avoid long-term breakdowns. In short, when faced with a situation where a friend killed a friend, I will communicate calmly and rationally, and seek a fair solution while preserving relevant evidence.
It is important to maintain respect and preservation of friendships and to avoid hurting each other's relationships as much as possible.
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The first trick: 10,000 prior consultation!
First of all, there will be one to convince people!
If you do not repay the money you owe, you can first negotiate with the other party amicably as calmly as possible, appropriately relax the repayment conditions, and repay it in a timely manner. If the other party is indeed unable to repay the loan in time, both parties can sign a Repayment Agreement to agree on the specific method and time limit of repayment; It is also agreed that if the other party still fails to perform when due, it may apply to the court for enforcement of the debtor's property.
To sign such a repayment agreement, it must be notarized by a notary public in advance. Once the repayment agreement expires, the creditor can directly apply to the court for enforcement in accordance with the terms of the agreement, eliminating a lot of cumbersome litigation procedures and saving time and money in debt collection. The second trick:
Collection letters for arrears.
Sending a collection letter to the other party is also an effective solution.
1. Effective interruption of the statute of limitations: The Civil Procedure Law stipulates that the statute of limitations for arrears is generally two years, that is, within two years after the expiration of the repayment period, the creditor does not demand payment from the debtor, and the court will no longer protect it. However, according to the regulations, if the arrears collection letter is used as a reminder notice and has the legal effect of suspending the statute of limitations, the statute of limitations can be extended, so that the creditor can flexibly decide the time to file a lawsuit.
2. The arrears collection letter indicates that the creditor has fulfilled the obligation to inform and give a reasonable period of time: according to the regulations, if the debtor fails to repay the loan within the time limit, the creditor should generally perform the notification obligation and give a reasonable period of time, after which the debtor has not repaid, and then the debtor can sue for repayment of the debt.
3. Arrears collection letter is a fast and affordable way to collect arrears: arrears collection letter is a very formal way to collect arrears, if you hire a lawyer to issue a more professional arrears collection letter, it will make the debtor more cautious and can effectively improve the possibility of repayment. The third trick:
Lawsuit. The law is the last line of defense to protect one's own rights and interests, and if the other party still refuses to repay the money after trying various methods, then you can only choose the legal path of litigation.
However, before filing a lawsuit, remember to apply for pre-litigation property preservation.
Pre-litigation property preservation is to apply to the court to seize and freeze the other party's property, such as accounts, real estate, cars, etc., at the same time or in advance when a lawsuit is filed, so as to prevent the other party from transferring property and ensure that the parties can get back the money and property in time after winning the lawsuit.
However, this step is not necessary and can be omitted if you cannot provide proof of the other party's assets, or if the amount owed is not high, and the other party has a clear ability to repay.
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Borrowing money and not paying it back is an irresponsible act, and if you meet such a person, you can consider the following methods:
1.Communicate directly with the borrower: First try to communicate directly with the borrower, ask them why they haven't repaid the money, understand the situation, there may be some misunderstandings or unforeseen circumstances that cause the borrower to be unable to repay in time.
During the conversation, you can emphasize the importance of borrowing money and the relationship of trust between you.
2.Contact the guarantor: If you have a security agreement with the borrower, try contacting the guarantor to find out and ask for help.
3.Seek third-party assistance: If the borrower refuses to communicate or is unable to repay, consider seeking third-party assistance. For example, you can file a police report to ** or seek help from a lawyer.
4.Debt collection: If the borrower refuses to repay the loan without a reasonable reason, you can take some debt collection methods, such as sending a group to remind the borrower to repay the loan, such as **, text message, email, etc., or God or Sheng to ask a professional collection company to assist in debt collection.
5.Revoke trust: If the borrower not only fails to repay the money, but also has serious dishonest behavior, you can consider revoking the trust in this person. In this case, be careful about dealing with this person in the future to avoid being used by him again.
Whichever method you take, you need to pay attention to the proper approach and don't take an overly drastic approach to avoid unnecessary trouble. At the same time, it is recommended to clarify the loan agreement before borrowing money, stipulating the repayment method, time and interest rate, etc., to avoid borrowing risks.
If there is very little money, and there is no written note when borrowing money, then forget it, this is also to see his personality clearly, and it is impossible to borrow money in the future, if there is a lot of money, then you must come back, whether it is to go through the judicial process, or to ask for it. Don't care about the face between friends, if he maliciously doesn't pay it back, then he is not worthy of being your friend.
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.
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