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If there is no evidence such as an IOU, you can prove the fact of borrowing money by holding bank payment records and a third party to testify, and then go to the people's court where the defendant is domiciled or where the contract is performed to file a lawsuit.
To go to the court to file a lawsuit, you need to have the plaintiff's identity certificate, the complaint, and pay the case acceptance fee in advance.
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 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.
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There's no need, and there's no way to win if you're gone.
Is it that he doesn't pay it back or that he forgets, you tell him directly, you are short of money and lack of money to spend. If he doesn't pay it back, then you don't want it, or he won't come back. A little money, don't worry.
When you lend money to a friend, you lend a friend, money is a small thing, but it will definitely hurt your feelings later.
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Small money is not necessary, litigation is inherently time-consuming and costly, and it is not necessary to take the road of litigation as a last resort, and pay attention to borrowing money in the future.
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First understand what problems the other party will encounter recently, and then tell him: 5000 yuan is a small thing, if you are willing to pay me back, I can help you with this small favor.
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It usually takes 3 months to prosecute, and the lawyer's fees are about two or three thousand. . . There's no need... Now the people who borrow money are uncles... Be cautious in the future.
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Legal Analysis: It is possible to file a lawsuit in court. It is necessary to write a written civil complaint to provide evidence that the other party owes money and does not pay it back.
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 the court's acceptance of civil litigation and the jurisdiction of the court receiving the lawsuit.
Legal basis: Article 119 of the Civil Procedure Law of the People's Republic of China 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.
Article 120:The indictment shall be submitted to the people's court, and copies shall be submitted in accordance with the number of defendants. Where it is truly difficult to write a complaint, the complaint may be filed orally, and the people's court will record it in the record and inform the opposing party.
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Summary. Hello, there are many types of evidence, such as: transfer records, bank statement cash withdrawal records (preferably with words such as remarks "borrowing" that can prove the purpose of the money), IOUs, IOUs, part of the other party's repayment records, chat records, call recordings, witness testimony, etc.
My friend said I owed him 5,000 yuan, I didn't owe it at all, he said it was cash, we didn't have any evidence, what should I do.
Hello, there are many types of evidence, such as: transfer records, bank records (preferably with remarks such as "borrowing stoves" and other words that can prove the purpose of the money), IOUs, IOUs, part of the other party's repayment records, chat records, call recordings, witness testimony, etc.
My friend said I owed him 5,000 yuan, I didn't owe it at all, he said it was cash, we didn't have any evidence, what should I do.
If there is no actual borrowing of this amount.
You can ignore each other.
He used to put 15,000 of his money with me, and he took 5,000 in the middle
In the end, all the accounts were clear, and the remaining 10,000 yuan was returned to him.
Now he asks if you want the 5,000 yuan, right?
Did you write any receipts for the money at that time.
A little more than a year later, he said that there were still 5,000 yuan in cash.
Or IOUs or something.
No. That is to say, the other party took it himself, did not admit it, and asked you for the money.
Then ignore the other party.
He went to the court to sue and did not accept it.
When he paid him back, he said that there was no cash, and it was all transfers.
Before that, it was 15,000 yuan.
Is it the money that was transferred to you?
That is to say, the other party transferred 15,000 yuan to you, took 5,000 yuan in cash, and you transferred 10,000 yuan to the other party.
Now the other party denies it, saying that he did not receive the 5,000 yuan.
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If a friend borrows money and does not repay the party, but has not yet given evidence of the complaint, he or she may first negotiate with him, find someone else to testify during the negotiation, or make a recording, which can be used as evidence. After that, if the negotiation fails, the parties can file a lawsuit in court.
Article 63 of the Civil Procedure Law Types of Evidence 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; Qingming (8) inquest pen hand-recorded. Evidence must be verified to be true before it can be used as a basis for determining facts.
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Legal analysis: The lender can negotiate with the borrower first, and if the negotiation fails, it can apply for mediation, arbitration and litigation to protect its legitimate rights and interests. The specific method of most effective jurisdiction depends on the wishes of the parties.
Mediation Law of the People's Republic of China
Article 2: "People's mediation only" as used in this Law refers to the activities of the people's mediation committee to use methods such as persuasion and guidance to urge the parties to voluntarily reach a mediation agreement on the basis of equal consultation to resolve civil disputes.
Civil Procedure Law of the People's Republic of China
Article 3: The provisions of this Law apply to people's courts' acceptance of civil litigation raised between citizens, legal persons, other organizations, and between them on the basis of property and personal relationships.
Article 23: The people's court at the place where the defendant is domiciled or where the contract is performed has jurisdiction over litigation arising from contract disputes.
Article 119:The following requirements must be met for initiating a lawsuit: (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.
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If a friend owes him 5,000 yuan and does not pay it back, he can negotiate with him to repay the loan on time. If the other party delays repayment for various reasons, or even refuses to repay the loan by its own behavior, the creditor should recover the arrears in accordance with the law, collect relevant evidence, and file a lawsuit with the people's court in a timely manner to avoid exceeding the statute of limitations. The creditor can also sue the court for a payment order by virtue of the IOU.
If the other party still fails to perform after the people's court has made a judgment in accordance with law, the people's court may enforce it.
1. What should I do if someone owes money and doesn't pay it back?
If the other person owes money and fails to repay it for a long time, he may indirectly negotiate with the debtor to strive for the other party to repay the loan directly; You can also find an intermediary to coordinate and reach a repayment agreement to repay the loan as soon as possible. If the creditor still refuses to repay the loan through the above means, the creditor can collect evidence and then go to the court to file a lawsuit to request that the debtor be judged to perform the repayment obligation in accordance with the law. If there is no IOU, you can present it to the court with the transfer record, receipt, etc. as evidence.
2. What to do when someone borrows money and doesn't pay it back.
First of all, you can negotiate reasonably with the other party, and if the other party still does not pay back, then you can file a lawsuit with the court to solve the problem. The creditor should keep specific evidence, such as the IOU for arrears, and if the normal collection is still invalid after repeated normal collections, it must file a lawsuit with the court within the statute of limitations. If the debtor's whereabouts are unknown, if his 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, and he may still file a lawsuit with the courts.
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 demand the borrower to return it within a reasonable period of time.
Article 676:[Borrower's Responsibility for Returning Loans Late]Where the borrower fails to repay the loan within the agreed time limit, the borrower shall pay overdue interest in accordance with the agreement or relevant state regulations.
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Summary. Hello, glad to answer for you! <>
My friend owes me money and doesn't have any evidence to pay it back, so I have to find a way to collect evidence in this case. The other party owes money and does not pay it back, and the creditor can sue without an IOU, but it needs some indirect evidence to assist, such as witnesses, chat records, transfer vouchers or ** recordings, etc., the more sufficient evidence, the greater the probability of winning the case, and the greater the possibility of getting the loan back. You can also ask the other party in person to see if the other party can admit it in person, and the recording will be saved.
What should I do if my friend owes me money and doesn't have any evidence.
Hello, glad to answer for you! <>
Big Red Blind Flower] My friend owes me money and doesn't pay it back, and there is no evidence, and I have to find a way to collect evidence about this hole and branch split. The other party owes money and does not pay it back, and the creditor can sue without an IOU, but it needs some indirect evidence to assist, such as witnesses, chat records, transfer vouchers or ** recordings, etc., the more sufficient evidence, the greater the probability of winning the case, and the greater the possibility of getting the loan back. You can also ask the other party in person to see if the other party can admit it in person, and the recording will be saved.
Legal basisAccording to the Provisions of the Supreme People's Court on Several Issues Concerning the Application of the Law and Disadvantages in the Trial of Private Lending Cases, when a lender initiates a private lawsuit, it needs to bear the burden of proof for the establishment of the lending relationship. In the case of no IOU, you can support your claim by providing evidence such as witness testimony, audio recordings, text messages, chat logs, and payment vouchers. In your case, you can negotiate with the borrower to confirm that you have a creditor-debtor relationship through audio recording or other records, or ask the other party in writing to sign for confirmation.
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Legal Analysis: It is possible to file a lawsuit in court. Xing Baoxiang needs to write a written civil complaint to provide evidence that the other party owes money and does not pay it back.
Legal basis: Article 119 of the Civil Litigation Law of the People's Republic of China Article 119 The following conditions must be met for a lawsuit:
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 filed by the people's court and the jurisdiction of the people's court receiving the lawsuit.
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Legal analysis: The other party does not admit it, so the parties should collect evidence as soon as possible to substantiate their claims, because the law is based on the principle that whoever asserts the claim shall provide evidence. Therefore, at present, the parties can collect evidence of repaying the money at that time, such as witness stops, bank receipts, mobile phone text messages, time and place, and if necessary, they will record with the local **, try to collect as much information as possible, and strive for the evidence to be verified and true.
According to the parties, the bank payment is a very strong evidence, and if the application is made in accordance with the law of the Annihilation and Hengqing, the relevant remittance records can be printed.
Legal basis: Article 63 of the Civil Procedure Law of the People's Republic of China includes:
1) Statements of 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.
If you really love him, you can, but be prepared not if you want to live a prosperous life or if you think that you will have a conflict with him due to material problems after marriage.
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Good luck index: 83
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