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Directly choose to call the police to deal with it, and ask the other party to return the money to me through ** coordination, or through the judgment of the court, so that the other party can return the money to me.
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If the amount is small, I will not ask him again, I will not lend him money next time I borrow money, if the amount is large, I will contact his parents or the person in charge and communicate with them directly.
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I will always follow him, and then follow him to his home, no matter what, until he pays me back, in fact, I will also go to his place of work, which will have a certain impact on him, after all, it is natural to repay debts.
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1."If the old man fails to repay the money owed, he can apply to the court for a payment order or file a lawsuit, and if he still does not repay the money after the judgment, he can apply for compulsory enforcement. The Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases stipulate that when a lender files a private lending lawsuit with the people's court, it shall provide proof of creditor's rights such as IOUs, receipts, IOUs, and other evidence that can prove the existence of the legal relationship between the lenders.
2. Refusal to enforce the judgment of the court.
The debtor borrowed money and did not repay it, and the creditor sued the court, but after the court judgment, the debtor still turned a deaf ear and refused to repay the money. At this time, the creditor can file a lawsuit with the court again and apply for compulsory enforcement, and if the debtor has the ability to enforce but refuses to execute, depending on the severity of the circumstances, it may be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine.
However, the premise is that during the enforcement period, the creditor needs to provide the court with strong evidence that the person subject to enforcement has property and does not repay the money.
3. Malicious overdraft of credit card.
The law stipulates that if a credit card holder overdraws beyond the prescribed limit or within the prescribed time limit for the purpose of illegal possession, and fails to return it for more than 3 months after being collected twice by the card-issuing bank, it shall be deemed to be a "malicious overdraft". If the cardholder maliciously overdraws more than 10,000 yuan, it will be deemed to be a "large amount", and once the bank files a lawsuit with the court, it will be sentenced to fixed-term imprisonment of not more than five years, criminal detention or a fine.
Extended information: 3. Borrowing money and not repaying it is fraud.
"Borrowing money and not repaying it" type fraud refers to the fraud method in which the perpetrator uses deceptive methods such as fabricating facts or concealing the truth for the purpose of illegal possession, and defrauds public or private property through loans. For example, if a borrower takes advantage of the trust of others to defraud others of their money on the grounds of financial difficulties, this kind of behavior of committing fraud in the name of borrowing should be characterized as the crime of fraud.
In daily life, this kind of fraud is more common among relatives, friends and colleagues, and the borrower mainly takes advantage of the trust or sympathy of the other party to fabricate relevant facts and then borrow money, and the borrower does not intend to repay the money he originally borrowed, which can be called "loan fraud".
where the amount is relatively large, the sentence is up to three years imprisonment, short-term detention or a fine; where the amount involved is huge, the sentence is to be fixed-term imprisonment of not less than three years but not more than ten years and a concurrent fine.
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Step 1: The court sues, submits the complaint, the court accepts it, and the arrears below 10,000 yuan are recovered as long as the court pays a 50 yuan acceptance fee.
Step 2: After the court accepts the case, a summons will be issued, and the debtor's failure to go to the court is a failure of mediation.
Step 3: After the mediation fails, ** acceptance, the court will issue a second summons to determine the ** time, the debtor's "absence from court" will not affect the judgment, and the judgment confirming the debtor's defeat will indicate the time when the arrears will be paid to the account designated by the court.
Step 4: If the debtor still does not pay the money when due, all bank cards will be frozen.
If there is a relationship between borrowing and owing, generally speaking, they were friends before, why didn't the other party pay back, whether it was really repaid, or it had become an old man. If the first case is the case, then the parties can make another IOU and agree on a repayment date, which will help to extend the statute of limitations.
If the judgment is handed down, then the court should file for enforcement within 2 years after the judgment takes effect, so that the court can directly check the other party's property and not enforce it, if the other party does not execute, in general areas, the judicial police can detain the other party, generally once a year, once for 15 days.
Legal basis: Article 107 of the Contract Law of the People's Republic of China.
If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.
Article 108 of the Contract Law of the People's Republic of China.
If one of the parties expressly states or shows by its own conduct that it will not perform its obligations under the contract, the other party may require it to bear liability for breach of contract before the expiration of the performance period.
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1. It is recommended to file a lawsuit with the court as soon as possible to demand repayment, and once the two-year statute of limitations has expired, the right to win the lawsuit will be lost. 2. After winning the lawsuit, if the other party fails to perform the court judgment within the performance period, it can apply to the court for compulsory enforcement. 3. After accepting the compulsory enforcement, the court will inquire about the real estate, vehicles, ** and deposits in the debtor's name in accordance with the law; 4. If there is no property in his name that can be used for enforcement and he refuses to perform the effective judgment of the court, he will be listed as a dishonest executor, and will be restricted from high consumption and entry and exit, and may even be subject to judicial detention.
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If you deliberately do not repay and do not make up the IOU, you can also collect other evidence, such as chat records and transfer records, etc., and the prosecution also needs the identity information of the other party, so that the court can accept the case, borrow money and do not pay it back, and apply for a lawsuit.
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You can go to the court to sue him, and let him not be allowed to buy a ticket when he goes out, and he is not allowed to stay in a hotel.
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If we say that we do not repay the money borrowed by the old man, if the amount is huge, then we should protect our legitimate rights and interests by means of law.
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Legal analysis: If there is indeed a non-payment of the arrears, and the two conditions of the payment order can be served on the debtor are met at the same time, and the creditor and the debtor have no other debt disputes, the payment order can be served on the debtor, the applicant may apply to the court for a payment order to require the other party to repay the arrears; Or go to the court to file a lawsuit, in order to avoid the debtor from transferring the property, you can apply for property preservation as soon as possible after the case is filed. The court makes a judgment or mediation based on the circumstances of the trial, and the mediation is conducted on the basis of the consent of both parties, and if the debtor still does not repay after the judgment is won, it may apply for compulsory enforcement.
Legal basis: Civil Code of the People's Republic of China
Article 577:Where one of the parties fails to perform its contractual obligations or its performance does not conform to the agreement, it shall bear liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.
Article 578:Where one of the parties expressly states or shows by its own conduct that it will not perform its contractual obligations, the other party may request that it bear liability for breach of contract before the expiration of the performance period.
Article 579:Where one of the parties fails to pay the price, remuneration, rent, or interest, or fails to perform other monetary debts, the other party may request payment from the other party.
Article 580:Where one of the parties fails to perform a non-monetary debt or the performance of a non-monetary debt does not conform to the agreement, the other party may request performance, except in any of the following circumstances:
1) Legally or factually unable to perform;
2) the subject matter of the debt is not suitable for compulsory performance or the cost of performance is excessive;
3) The creditor does not request performance within a reasonable period of time.
Where there are any of the exceptions provided for in the preceding paragraph, resulting in the inability to achieve the purpose of the contract, the people's court or arbitration institution may, at the request of the parties, terminate the contractual rights and obligations, but this does not affect the assumption of liability for breach of contract.
Your life is not more flat, there are more things that make you feel difficult, or there are many twists and turns, so in life, every experience is a process of growth. No matter what kind of people and what kind of things we meet, we should face them calmly, and let ourselves learn to protect ourselves and take care of ourselves. If I meet the kind of mother in the An family, I will feel sad. >>>More
If I hate my direct supervisor very much, then I will work hard to prevent him from coming to me for trouble, try to avoid him, and if I still can't, then I will choose to change positions.
I can't stand it, but you are now living in this family, you can only be silent and endure when you are not yet able to go out with your mother by yourself, and now start to set your own goals, know how to leave yourself and your mother from this home that makes you live a very hard life, and then use your success to tell you that you don't want to stay in the home, they used to treat you so much, and now you have succeeded, spurning them is the consequences of their own mistakes!
Giving up means a new life, this is your best choice right now, and I wish you a happy Mid-Autumn Festival.
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