Is it useful to call the police if you owe money? Is it useful to call the police if you owe money?

Hello, regarding the problem of not paying back the money owed to the police, in judicial practice, the police will generally treat this as a civil dispute and let you go to the court to sue for resolution.

Is it useful to call the police if you owe money?

First, it is necessary to prepare a complaint, which is divided into four parts: first, identity information. The second is to state the cause of action, which is a private lending dispute.

The third is to state the litigation claims, including but not limited to repayment, payment of interest, etc. Fourth, it is necessary to state the factual reasons, and this part needs to explain the facts of the loan.

Second, it is necessary to determine the competent court. In cases of private lending disputes, the general jurisdiction of the court may be applied, that is, the plaintiff shall file a lawsuit in the court of the defendant's domicile or habitual residence against the principle of the defendant. If the defendant's domicile is not the same as his habitual residence, a lawsuit shall be filed with the court of his habitual residence.

You can also file a lawsuit in the people's court of your domicile in accordance with the Civil Procedure Law of the People's Republic of China and its relevant provisions.

Is it useful to call the police if you owe money?

Article 18 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China stipulates that where a contract stipulates a place of performance, the agreed place of performance shall be the place of performance of the contract. If there is no agreement on the place of performance in the contract or the agreement is not clear, and the subject matter of the dispute is the payment currency, the place where the party receiving the currency is located is the place where the contract is performed; If the immovable property is delivered, the place where the immovable property is located is the place where the contract is performed; For other subject matter, the place where the party performing the obligation is located is the place where the contract is performed. For contracts that are settled immediately, the place where the transaction is performed is the place where the contract is performed.

Where the contract has not been actually performed, and the domicile of both parties is not in the place of performance agreed in the contract, the people's court at the place where the defendant is domiciled has jurisdiction.

Is it useful to call the police if you owe money?

Third, it is necessary to prepare evidentiary materials, and private lending disputes generally need to prepare IOUs, money payment and transfer records, and WeChat SMS chat records (it is best to indicate the fact of borrowing or urging repayment in the record, and whether the debtor repays the money).

Fourth, it is necessary to file a case, and now the court can log in to the electronic litigation service platform to file a case online or offline. Prepare three copies of litigation materials such as complaint and evidence materials, and the court will generally collect two copies, and keep the other one for later use, and you can go to the court to file the case offline with your ID card and photocopy.

The significance of calling the police is not much, this is a civil dispute, not a criminal case, and generally will not be filed, but the police record, mediation record can prove the fact of arrears can be used as part of the evidence collection, and secondly, there is no IOU, if not, it should be supplemented, specifically refer to the Internet or IOU, write the amount, repayment time, interest and other important information, so that the chance of success in the follow-up prosecution is relatively large.

If you owe money and don't pay it back, it doesn't have much effect to call the police.

Owing money is not a civil dispute, and the public security organs deal with basically criminal or administrative disputes, so it is basically ineffective to pay back the money owed to the police. For debt disputes, the police will mediate at most, and will not file a case, which has little effect on solving the problem. For those who do not repay the borrowed money, they may retain a lawyer to send a lawyer's letter to the other party.

The lawyer's letter can serve as a reminder and warning to the debtor, or it can be directly sued for settlement.

Is there any evidence? For example, chat logs, transfer records, or something. Or someone can testify for you.

You can go to the police and prepare yourself as well.

Debt collection has reached the point where you want to call the police, but you have already tried many methods, right?

At the beginning: It is recommended to persuade him with a good voice, and if it fails, he can be properly warned, such as knowing his address, going to talk to his family and neighbors, etc. Or you may mention that you have relatives who are police officers in your own family, and if you can't get the money, you have to bother the relatives to ask for it in person.

But you also have to pay attention to one thing when speaking, for example, you can say something like this:

xx, I've been in a hurry to use money at home recently, whether you borrow someone else or a bank, please scrape together money to pay me back. I borrowed your money before to see that you were in a hurry, but now I am in trouble, and I have to urge you to pay me back quickly. These days, just these days, I'm waiting for your money."

Let me tell you, I have a relative who is a police officer, and if you don't want to pay me back, I'll have to go to him. You don't want to make things so stiff, so you should find a way to pay me back! ”

This doesn't mean that he will definitely come back, but at least it has an effect on his heart, and he will keep remembering it.

It's time to tear your face:

I told the police about your non-payment, so be mentally prepared. It's just a matter of where you can borrow some money to pay me back these days, you have to keep relying on it, I don't know how the police arrested you and hung your avatar in the district for everyone to see, tsk, this face is gone, think about it yourself. ”

In fact, I was at the time, and I suddenly felt that if the other party really had no money and was thick-skinned, he might not be able to do it. Originally, I wanted to delete it, but I'd like to give you a reference.

I hope to get the money back as soon as possible, but next time I have to pay attention to what kind of person is borrowing money, and if I don't want to borrow, just shirk it.

If you owe money and don't pay it back, the police will not mediate at most, and will not file a case, which has little effect on solving the problem. For those who do not repay the borrowed money, they may retain a lawyer to send a lawyer's letter to the other party. The lawyer's letter can serve as a reminder and warning to the debtor.

Or you can sue directly to settle the matter.

Ordinary loan police do not care, the other party writes you an IOU, if not, let the other party give you an IOU, if you don't know the format of the IOU, you can search on the Internet or read the IOU, write the amount of arrears, time, interest and other specific information, retain the identity information of the other party, you can sue or find a third party to collect, but you must pay attention to keep the collection and retain evidence, otherwise it will exceed the statute of limitations.

Legal analysis: If you owe money and don't pay it back to the police, it has little effect, and for debt disputes, the police will mediate at most, and will not file a case, which has little effect on solving the problem. For those who do not repay the borrowed money, they may retain a lawyer to send a lawyer's letter to the other party.

The lawyer's letter can serve as a reminder and warning to the debtor. Or you can sue directly to settle the matter.

Legal basis: According to Article 675 of the Civil Code of the People's Republic of China, 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 Article 510 of this Law, the borrower may return it at any time; The lender may urge the borrower to return within a reasonable period of time.

Legal analysis: In law, loan disputes are civil disputes, but the police only accept public security cases and criminal cases, so it is generally not recommended to report to Duan Chang and can be sued directly.

Legal basis: Article 313 of the Criminal Law: Where a people's court has the ability to enforce a judgment or ruling 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, a sentence of between three and seven years imprisonment is to be given, and a concurrent fine.

Civil Code of the People's Republic of China

Article 114: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.

Article 113:Where one of the parties fails to perform its contractual obligations or performs its contractual obligations in a manner inconsistent with the agreement, causing losses to the other party, the amount of compensation for the losses shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract, but shall not exceed the losses that may be caused by the breach of the contract that the party violating the contract foresaw or should have foreseen at the time of entering into the contract.

If you owe money, you can't call the police. You can't call the police if you owe money, but the creditor-debtor relationship is a civil legal relationship, and the police can't do anything after calling the police. If the debtor fails to repay the loan through negotiation, it may apply to the mediation committee for mediation or file a civil lawsuit with the people's court.

The solution to the problem of not paying back the money owed1. Use administrative intervention to assist in debt collection.

The so-called use of administrative intervention to help realize debt collection means that in the process of debt collection, the creditor has obtained the sympathy and support of the debtor's higher-level competent department through its own hard work, and through the debtor's higher-level leading organ, the debtor has been explained and educated to persuade the debtor to perform the debt as soon as possible.

2. Filing a lawsuit with the court.

If you really don't want to come back, and the amount of money borrowed is also large, it is recommended to file a lawsuit with the court and realize your claims with the help of the power of the law. But there is one problem in order to win the lawsuit, and that is evidence. If you have an IOU or contract, you can think of other methods, such as audio recordings, text messages, chat records, etc., which can be used as strong evidence.

If you owe money, you can't call the police. However, the public security organs generally deal with cases of public security violations or criminal cases, and the arrears are not civil disputes, so the parties can use negotiation, litigation, application for arbitration and other methods to resolve their arrears disputes.

[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 122.

Where a party sues a civil dispute in a people's court and it is appropriate to mediate, mediation is to be conducted first, except where the parties refuse to mediate.

Article 236.

The parties must perform on legally effective civil judgments and rulings. If one party refuses to perform, the other party may apply to the people's court for enforcement, or the adjudicator may transfer it to the enforcer for enforcement.

Article 242.

If the person subject to enforcement fails to perform the obligations set forth in the legal document in accordance with the enforcement notice, the people's court has the right to inquire about the property of the person subject to enforcement, such as deposits, bonds, shares, and shares. The people's courts have the right to seize, freeze, transfer, or sell the property of the person subject to enforcement according to different circumstances.

If you owe money, you can't call the police. But the police had no way to solve it; Public security organs are mainly responsible for criminal cases and public security management. The arrears are not civil debt disputes, and the parties can resolve them through negotiation, litigation, arbitration, and mediation. If the arrears are not repaid, they are not within the scope of police management and cannot be dealt with by the police.

What should I do if I don't pay back my arrears? 】

There are many ways to resolve arrears disputes, such as negotiation, mediation, arbitration and litigation, etc., as long as they are used in a timely and appropriate manner, they will achieve twice the result with half the effort. However, due to the fact that some creditors often delay the negotiation stage for too long in order not to hurt the peace, many good opportunities to recover the arrears are missed. Applying for a payment order is one of the effective ways to recover the amount owed.

According to the provisions of the Civil Procedure Law of the People's Republic of China, if the creditor requests the debtor to pay money and valuable, it may apply to the basic people's court with jurisdiction for a payment order if the following conditions are met: the creditor and the debtor have no other debt disputes; The payment order can be served on the debtor. If the debtor fails to repay the debt within 15 days after receiving the payment order issued by the people's court, or fails to raise a written objection to the people's court, the creditor may apply to the people's court for compulsory enforcement.

It can be seen that the biggest advantage of applying to the people's court for a payment order to recover the arrears is that the time is short and the results are quick. Of course, if the debtor submits a written objection to the people's court within the statutory time, it must be handled through litigation procedures.

[Legal basis].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 grant protection, and where there are special circumstances, the people's courts may decide to extend the rights holder on the basis of the right holder's application.