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1. You can sue the court to demand repayment, and the court will make a judgment in accordance with the law.
2. After winning the lawsuit, if the other party refuses to perform, the winning party may apply to the people's court for enforcement, or the adjudicator may transfer it to the executor for 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. Where the person subject to enforcement does not perform the obligations set forth in the legal documents, the people's courts may take or notify relevant units to assist in the adoption of restrictions on leaving the country, recording in the credit reporting system, publishing information on non-performance of obligations through **, and other measures provided by law.
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The creditor may file a civil lawsuit with the people's court in accordance with the law to demand that the other party repay the arrears. When filing a civil lawsuit, you need to prepare: a civil complaint, a copy of the other party's ID card, a list of evidence and evidentiary materials (i.e., evidence of the other party's arrears).
After the people's court receives the prosecution materials, it will decide whether to accept or file the case within seven days. If it is inadmissible, a ruling will be made; If they are not satisfied with the ruling, they may file an appeal.
After the case is accepted, a time will be arranged for the trial. Where the ordinary procedures are applied, the people's court will conclude the trial within six months from the date on which the case is filed, and where there are special circumstances, it may be extended upon approval, and will issue a notice of postponement of trial.
At the conclusion of the trial, the people's court will make a judgment in accordance with law and issue a civil judgment; The verdict will state the verdict and the reasons for the verdict.
If the parties are not satisfied with the judgment, they may appeal to the people's court at the level above within 15 days of receiving the judgment.
Legal basis: Civil Procedure Law
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 34: Parties to a contract or other property rights and interests dispute may agree in writing to choose the jurisdiction of the people's court for the defendant's domicile, the place where the contract is performed, the place where the contract is signed, the plaintiff's domicile, the location of the subject matter, and other places that have an actual connection with the dispute, but must not violate the provisions of this Law on hierarchical jurisdiction and exclusive jurisdiction.
Article 123: People's courts shall ensure that parties enjoy the right to sue in accordance with legal provisions. Prosecutions that comply with article 119 of this Law must be accepted. Where the requirements for initiating litigation are met, the case shall be filed within 7 days, and the parties shall be notified; where the requirements for initiating litigation are not met, a written ruling shall be made within 7 days and not accepted; Where the plaintiff is not satisfied with the ruling, he may file an appeal.
Article 149:People's courts applying the ordinary procedures shall conclude trial within 6 months of filing the case. Where there are special circumstances that require an extension, it may be extended for six months with the approval of the president of that court; and where an extension is still necessary, it is to be reported to the people's court at the level above for approval.
Article 164:Where parties are dissatisfied with the first-instance judgment of a local people's court, they have the right to appeal to the people's court at the level above within 15 days of the judgment being served.
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Don't you pay back the money you owe? People are gone, then don't care about the situation, then hurry up to collect chat records or something, there is an IOU with an IOU, and if there is no IOU, hurry up and make up, and then take this evidence to the court to sue, file a lawsuit, and then other details can go to the official website to search for an IOU and say! Hope it helps!
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What to do when someone owes money and doesn't pay it back, you have to pay attention to these points, you might as well take a look!
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I can't find anyone......Is it okay to prosecute.
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Legal analysis: 1. If the debtor's whereabouts are unknown, the court may announce the service of legal documents and default judgment. 2. If it is a joint and several liability guarantor, you can list it as a defendant and require it to bear joint and several liability If you are a general liability guarantor, you can sue the guarantor if the debtor does not perform the effective judgment, and require it to bear the guarantee liability.
3. Under normal circumstances, the court may seal the house where the person subject to enforcement and his family must live, but will not auction it.
Legal basis: Article 64 of the Civil Procedure Law of the People's Republic of China The parties have the responsibility to provide evidence for their own claims. The people's court shall investigate and collect evidence that the parties and their litigants are unable to collect on their own for objective reasons, or evidence that the people's court finds necessary for the trial of the case.
The people's courts shall follow legally-prescribed procedures to comprehensively and objectively review and verify evidence.
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Legal analysis: If the debtor owes money and does not repay it, the creditor can directly file a lawsuit with the people's court within the limitation period. If the debtor does not sue, the court will render a default judgment in the case where the loan relationship is clear.
After a default judgment, although the debtor's whereabouts are unknown, the court may, upon the application of the creditor, take the method of auctioning the debtor's house or property to pay off the creditor's debt.
Legal basis: Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases Article 2 When the lender files a private lending lawsuit with the Fantong People's Court, it shall provide proof of creditor's rights such as loan receipts, receipts, IOUs, and other evidence that can prove the existence of the legal relationship between loans.
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Where the defendant owes money and does not pay it back, he or she may file a lawsuit with the court, requesting that the People's Law Procuratorate protect his or her lawful rights, and the people's court may make a public announcement for the defendant whose whereabouts are unknown, and if the defendant still does not attend the trial, a trial in absentia may be conducted, and if the defendant refuses to perform his or her obligations according to the effective legal judgment, the creditor may apply for compulsory enforcement.
Legal basis] Article 92 of the Civil Procedure Law.
Where the whereabouts of the recipient are unknown, or service cannot be made by other means provided for in this section, service is to be announced by announcement. Sixty days from the date of the announcement shall be deemed to have been served.
Where the public notice is served, the reasons and process shall be noted in the case file.
Article 144.
Where the defendant is summoned by summons and refuses to appear in court without a legitimate reason, or leaves court without the court's permission, a judgment may be rendered in absentia.
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If the money owed is not repaid, the creditor can file a civil lawsuit with the court; Subsequently, the evidence materials related to the arrears dispute were sorted out, including loan contracts, transfer records, IOUs, etc. After the above-mentioned materials are submitted to the court, if they meet the requirements for filing a lawsuit after review, the court will accept and file the case in accordance with law.
Article 119 of the Civil Procedure Law of the People's Republic of China provides 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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Legal analysis: 1. The creditor files a lawsuit with the people's court within the limitation period to ensure the creditor's rights. 2. When filing a lawsuit, there should be evidence of the relevant loan relationship, and the court will file and accept the case, and if the debtor's whereabouts are unknown, the court will summon the debtor to respond to the lawsuit in the form of public notice.
3. If there is a guarantor of joint and several liability, he may be listed as a defendant and required to bear joint and several liability. 4. Apply for property preservation. 5. According to the law, if a citizen's whereabouts have been unknown for two years, the interested party may apply to the people's court for a declaration that he is missing.
Taxes, debts and other expenses due to the missing person shall be paid by the custodian from the property of the disappeared person.
Legal basis: Article 43 of the Civil Code of the People's Republic of China: The property custodian shall properly manage the property of the missing person and protect his or her property rights and interests. Taxes, debts and other expenses due to the missing person shall be paid by the property custodian from the property of the disappeared person.
Where the person in custody of the property causes damage to the missing person's property due to intentional or gross negligence, he shall bear responsibility for compensation.
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If there is evidence, you can sue the court to settle it. Assuming that the whereabouts of the other party are unknown and the legal documents cannot be served, the court will announce the service of the legal documents and then render a default judgment. After the judgment takes effect, apply to the court for compulsory enforcement.
The parties must comply with the civil judgments and rulings provided for in Article 236 of the Civil Procedure Law, which have the force of law and collapse. Where one party refuses to perform, the other party may transfer the person for enforcement to the people's court or judge.
Article 188 of the Civil Code of the People's Republic of China provides that the statute of limitations for filing a request to a people's court for 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 protect them, and if there are special circumstances, the people's courts may decide to extend them on the basis of the rights holder's application.
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Use the law to protect your legitimate rights and interests. Pre-litigation property preservationPre-litigation property preservation is the seizure of the other party's accounts, houses, cars and other property to prevent the other party from transferring property. Indict.
The next step is to file a case, a trial, and a verdict. If the judgment is enforced, it shall apply to the court for compulsory enforcement within 2 years after the judgment takes effect, so that the court can directly inspect the property of the other party. If the other party does not carry it out, in the general area, the bailiff can be detained once a year for 15 days.
Conciliation. Mediation is when both parties take a step back and resolve the issue. Article 119 of the Civil Procedure Law: The following conditions must be met for initiating a lawsuit:
1) The plaintiff is a citizen, a 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 Kuga People's Court.
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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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If the other party owes money and does not pay it back, the creditor can sue without an IOU, but some indirect evidence is needed 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. Therefore, the absence of an IOU does not mean that a case cannot be filed and the IOU cannot be recovered. Collect evidence for prosecution and processing, and prepare the following materials: >>>More
In the process of collecting evidence, it is necessary to avoid situations where the rights and obligations of both parties are unclear, and it is impossible to prove who owes the money to whom if the rights and obligations are not clear. If the rights and obligations are clear, the loan can be recovered even if there is no IOU, and if the rights and obligations are not clear, the loan may not be recovered even if there is an IOU. 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. >>>More