The most effective way to do if a friend owes money and doesn t pay it back

Legal analysis: If the relationship between friends is concerned, it is recommended to negotiate first, and if the negotiation fails, you can sue the court to claim the creditor's rights, and apply for enforcement after the judgment takes effect, and partially solve it through the real estate, vehicle, bank and other network inquiry and inspection and control systems. The Civil Procedure Law and other relevant provisions stipulate that compulsory measures such as detention, custodial summons, fines, inclusion in the list of dishonest people, and other compulsory measures may be taken against the person subject to enforcement, the purpose of which is to punish him for not performing the obligations of the effective documents of the people's court.

[Legal basis].

Article 111 of the Civil Procedure Law.

Where litigation participants or other persons exhibit any of the following conduct, the people's courts may impose fines or detention on the basis of the severity of the circumstances; where a crime is constituted, criminal responsibility is pursued in accordance with law

1) Fabricating or destroying important evidence, obstructing the people's courts' trial of cases;

2) Using violence, threats, or bribery to prevent witnesses from testifying, or instigating, bribing, or coercing others to give false testimony;

3) Concealing, transferring, selling, or destroying property that has already been sealed or seized, or property that has been inventoried and ordered to be kept, or transferring property that has been frozen;

4) Insulting, slandering, framing, beating, or retaliating against judicial personnel, litigation participants, witnesses, translators, evaluators, inquest personnel, or persons assisting in enforcement;

(5) Obstructing judicial personnel from performing their duties by violence, threats or other means; (6) Refusal to perform on a judgment or ruling of a people's court that has already taken legal effect.

People's courts may fine or detain units that exhibit any of the conduct provided for in the preceding paragraph; where a crime is constituted, criminal responsibility is pursued in accordance with lawArticle 1 of the Civil Code shall apply to civil dispute cases arising from legal facts after the implementation of the Civil Code. In cases of civil disputes arising from legal facts before the implementation of the Civil Code, the provisions of the laws and judicial interpretations at that time shall apply, except as otherwise provided by the laws and judicial interpretations.

The provisions of the Civil Code shall apply to civil dispute cases arising from legal facts before the implementation of the Civil Code until after the implementation of the Civil Code, except as otherwise provided by laws and judicial interpretations.

If the debtor does not repay the money owed, he can protect his rights in the following ways:

1. Reconciliation Law: When the creditor's rights are due or about to expire, if the debtor is temporarily unable to repay the debt but has the sincerity to repay the debt, the creditor may negotiate with the debtor on the term, method and amount of the debt to be performed, and urge the debtor to perform the debt or sign a repayment agreement. If the creditor's right is secured by a mortgage or a third party provides security, the creditor may negotiate with the mortgagor or guarantor to enable the mortgagor to pay off the debt with sufficient collateral assets.

2. Mediation Law: It should be noted that the creditor may submit a written application for mediation to the local people's mediation committee.

3. Arbitration Law: It should be noted that the parties applying for arbitration shall submit the arbitration agreement, application and a copy to the arbitration institution. The application should contain in detail the name, gender, age, occupation and other circumstances of the parties and the factual reasons.

Resolving debt disputes through arbitration has strong confidentiality, and most of the parties are not fiercely confrontational. In addition, the cost of filing for arbitration is generally lower than the cost of filing a lawsuit.

4. Procedural Law: For some cases that are more complex, difficult for the other party to deal with or difficult to resolve through other means, the creditor can choose the litigation procedure to resolve.

1.If a friend doesn't pay back for a long time, borrow money from him or her. This kind of reverse thinking can help you solve problems smartly. The other party may forget to pay it back, but if you suddenly borrow money from him or her, he or she may suddenly remember.

2.Ask your friends directly, don't care about the so-called face. Maybe your friend is also because you are thin-skinned, and you must be embarrassed to ask him for it, so you have been dragging it out and not paying you back.

3.If the friend is indeed unable to repay the money because of difficulties and various reasons, then write an IOU with the friend, after all, no one's money is blown by the wind, discuss it, negotiate a time to repay the money together, and the two parties reach an agreement to stipulate that the money must be repaid at the specified time.

4.Ask a friend's immediate family for money. If he has not repaid the money after all the methods have been exhausted, it means that there is a problem with his character, and it is easy to borrow money and difficult to ask for money, so he can ask his relatives for it.

5.If the situation is too bad, just tear your face and sue, there is no need to keep this superficial friendship. If the amount is large, you can go through legal procedures.

When the other party owes money and does not pay back, if the conditions for prosecution are met, you can prepare prosecution materials in accordance with the relevant requirements of the Civil Procedure Law, file a lawsuit with the people's court, and request the people's court to judge the other party to repay the loan and bear the liability for breach of contract.

Don't you pay back the money you owe between friends? That may be embarrassed to ask for face, but this is nothing to be embarrassed about, no IOU must make up the false note, I really don't know how to write it, just go to the IOU and say, he has a lot of IOU templates, very practical, if you deliberately don't pay it back, you can only go through the legal process, I wish you success!!

Clause.

1. Door-to-door coordination.

We may go directly to the debtor's home, we can coordinate first, if the result of negotiation with the debtor is good, of course, it is the best outcome; When the debt is not repaid for a long time, when you come to collect the debt, you can ask for the debt in front of the debtor's neighbors, so that the debtor himself will not be able to get by in terms of face, and the neighbors will also stand in our perspective, the debtor will be under pressure, and the interested person will repay.

Clause.

2. Reminder of repayment on party occasions.

If you are having a meeting with a debtor, you can use this meeting to remind him to repay the debt, which can be more effective for those who are delaying the debt. However, the tone of the reminder should not be domineering, try to be polite and remind, get more people's sympathy and support, and have achieved the purpose of debt collection.

Clause.

3. Reminders for festive occasions.

Maybe on an occasion where this atmosphere is more pleasant, reminding others to repay the money is a bit of a bad luck. But according to psychological theories, people are more generous when they are happy and more likely to fulfill their commitments. When the debtor has a happy event, we can not only congratulate him, but also take the opportunity to remind him that it is time to repay the money, and if he is happy, he may pay the money.

In this case, you must pay attention to the tone and attitude of debt collection, and do not have the mentality of asking for trouble for him. Otherwise, not only will you not be able to get back the arrears, but it will also affect your previous relationship and will not be conducive to collection.

Clause.

Fourth, when the debtor is in trouble, pull him again. Clause.

Fifth, the use of the new market model to recover losses - debt replacement.

When we encounter a situation where the arrears cannot be recovered, and the final result is still fruitless through legal means, we can replace the creditor's rights, not only not illegal, but also stop the loss in time, but we need to pay a certain service fee. Most people will also think that the debt replacement is **, and they have to pay a service fee, not only do they not believe it, but they are not willing to pay the service fee, in fact, this service fee is very little compared to the arrears that will not be returned.

Repayment should be negotiated with the other party. If the other party refuses to repay the loan, you can find a lawyer to question, then collect evidence, and finally appeal to the court.

If the debtor still does not repay the money after the court judgment, then the creditor can apply to the court for enforcement, and the other party may be sentenced for the crime of refusal to execute.

Legal basis: Article 313 of the Criminal Law: Where a people's court's judgment or ruling is capable of being enforced, but refuses to do so, and the circumstances are serious, a sentence of up to three years imprisonment, short-term detention, or a fine is to be given; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine.

Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph.

Summary. Kiss <>

I'm glad to answer for you, the most effective way for friends to owe money and not pay it back: the two parties negotiate and deal with it, first find the other party to negotiate, tell yourself the predicament, you need the money to solve the problem, see if the other party is willing to repay, institutional mediation, the court or arbitration institution as a third party to preside over the mediation process, arbitration committee arbitration, involving the property interest relationship, you can use the way of arbitration, the cost of arbitration is much lower than the cost of litigation and has strong confidentiality.

The most effective way to do if a friend owes money and doesn't pay it back

Kiss <>

I'm glad to answer for you, the most effective way for friends to owe money and not pay it back: the two parties negotiate and deal with it, first find the other party to negotiate, tell yourself that the banquet is in a predicament, you need the money to solve the problem, see if the other party is willing to repay, institutional mediation, the court or arbitration institution as a third party to preside over the process of liquid orange mediation, arbitration committee arbitration, involving the interests of the property group, you can use the way of arbitration, the cost of arbitration is much lower than the cost of litigation and has strong confidentiality.

Legal basis: Article 585 of the Civil Code of the People's Republic of China provides that the parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach, and may also agree on the method of calculating the amount of compensation for losses arising from the breach of contract. If the agreed liquidated damages are excessively higher than the sum of the losses caused, the people's court or arbitration institution may appropriately reduce them according to the request of the parties, and if the parties delay the performance of the agreed liquidated damages, the defaulting party shall also perform the debt after paying the liquidated damages.

When the other party owes money and does not repay it, if the conditions for filing a lawsuit are met, it can prepare prosecution materials in accordance with the relevant requirements of the Civil Procedure Law, file a lawsuit with the people's court, and request the people's court to judge the other party to repay the loan and bear the liability for breach of contract.

Before filing a complaint, one should be prepared to collect the appropriate evidence and draft a complaint.

The evidence materials shall include:

1. The identity documents of the other party, such as a copy of the other party's ID card, a copy of the household registration book and other documents that can prove the identity of the other party, if not, you can apply to the people's court to supplement the evidence materials, and bring the supplementary evidence materials issued by the people's court to the population information inquiry organ to inquire about the identity information of the other party and submit it as evidence.

2. There should be an IOU, IOU, loan contract or other evidence of the loan agreement reached by the other party, even if there is no written IOU, IOU or loan contract, if the two parties reach an agreement on the loan through WeChat, QQ and other chat tools, it will constitute a loan contract and can be used as evidence for prosecution.

3. Transfer voucher or other evidence of the delivery of funds to the other party.

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