Someone borrowed money and didn t pay it back, so what should I do if someone borrowed money and did

First of all, according to the provisions of the General Principles of Civil Law, the statute of limitations for a loan contract is two years, and the start date of the statute of limitations is the second day after the agreed repayment date, which means that you can file a lawsuit with the people's court to demand repayment of the money within two years from the second day of the agreed repayment date to the repayment date.

Secondly, the Civil Procedure Law stipulates the principle of "whoever asserts the claim shall present evidence", which means that you must have the corresponding human, physical and documentary evidence to prove your claim, and in this case, your evidence is an IOU written by the other party.

The two points mentioned above are some basic situations that you should know, and the following are suggestions for solving them:

1. If he has a wife (they were married before he borrowed money from you), you can ask his wife to repay the money, because the loan during their marriage at the time of this loan is a joint debt between husband and wife, so she is obliged to return the money on behalf of her husband.

2. If the first one doesn't work, you can sue the court directly. Or you can keep looking until you find him, but remember that the statute of limitations is two years.

Be aware of the 2-year statute of limitations. There is no better way than to litigate. Before the statute of limitations expires, you must assert your rights through litigation.

If you have more, you can file a lawsuit, but now the law talks about evidence, and it is best to have an IOU. Cut the other party has money or enforceable property. If it's less, don't litigate, it costs money to find a lawyer to ask for dinner, and it costs 300 to 500 yuan to cut **.

It's really not good, and it's a good way to get out of breath. But don't hurt ...

This kind of person owes a flat face, so let's find someone to beat him up first.

On the fourth floor, I would like to inquire.

You said that you went to the civil court to apply for a lawsuit, and he had nowhere to find it, so he could also sue.

You can apply for a lawsuit in the civil court.

Legal analysis: The best way is to negotiate with the other party in the chain of filial piety, and if it is determined that the other party has no intention of returning, then file a lawsuit with the court. The indictment shall be submitted to the People's Prudence 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.

Legal basis: Article 120 of the Civil Procedure Law of the People's Republic of China provides that a complaint shall be submitted to the people's court, and copies shall be submitted according to the number of defendants. Where it is truly difficult to write the complaint of Yu Sun, the lawsuit may be filed orally, and the people's court will record it in the record and inform the opposing party.

1. What should I do if someone borrows money from me and doesn't pay it back?

1. The handling method of borrowing money and not repaying it is as follows:

1) Try to keep the evidence that the other party owes money, if not, you can write an IOU or IOU, indicating that the purpose of the loan is legal;

2) After getting the evidence, ask for money, if the other party has no money, you can negotiate to pay the debt in kind;

3) If the amount is large, whether the other party has the intention to repay and wants to repay the debt, a civil lawsuit can be considered. If the amount is huge, you can call the police to deal with it, and the other party may be suspected of fraud.

2. Legal basis: 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 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.

2. What is the prosecution process for borrowing money and not repaying it?

The process of suing for non-payment of money owed is as follows:

1. To file a lawsuit, the parties to the court with jurisdiction to file a lawsuit, need to bring ID cards, indictment, evidence materials, etc. The court with jurisdiction over a creditor's rights and debts lawsuit is generally the court where the defendant is located.

2. The court accepts the case, and the court shall accept it within 7 days if it meets the requirements for filing a lawsuit.

3. **Trial,**3 days ago, the court notifies the parties with a summons and notifies other litigation participants with a notice. An announcement will be issued 3 days in advance, announcing the names of the parties, the cause of action, and the time and place of the parties.

Second, whether there is a transfer voucher, if it is cash, there must be sufficient evidence.

Third, has the statute of limitations expired?

Fourth, do you know the other party's ID card information?

You can sort out the above evidence and sue directly, or find a lawyer to help you prosecute.

For those who owe money and do not pay it back, the general countermeasures are to deal with it through legal means, including the following aspects:

1.Legal means: It can be resolved by legal means, such as suing the person in court to acknowledge the rights of the accountant, fulfill the obligations, and repay the loan. Finally, a court judgment on the amount of the conviction, the time limit, etc., is obtained for enforcement.

2.Signing a loan agreement through mediation or lending: You can negotiate with the borrower to reach an agreement, sign a loan contract, clarify the borrower's repayment period and amount, record the requirements and commitments of both parties, and require the borrower to provide a guarantor to be responsible for debt performance.

3.Through reminder or direct negotiation: the caller can issue a reminder letter to require the debtor to repay the payment, and the two parties can also negotiate to solve this problem, such as IOUs, contracts and other documents can be clear, or the debtor can repay the account in installments.

If someone borrows money and does not pay it back, they can solve it in the following ways:

1. You can take an appropriate and reasonable grace period or repay the loan in installments to negotiate with the other party;

2. If the negotiation fails, a lawsuit may be filed with the people's court at the place where the defendant is domiciled;

3. After the people's court has made a judgment, if it refuses to enforce the judgment, it may apply to the court for compulsory enforcement.

1. What should I do if I owe 3 million yuan and can't repay it now?

1. The two parties can negotiate and settle the debt repayment issue, and if the debtor is unable to repay, they can provide a guarantee or mortgage to repay the debt, or provide a guarantor to let the guarantor repay the debt.

2. If the debtor is temporarily unable to repay, it may be repaid in installments with the consent of the creditor or the ruling of the people's court.

Owing money is not a civil act and generally does not constitute a criminal offence and does not result in jail time. Refusal to enforce a civil judgment or ruling of a court unless there is a genuine ability to make restitution, or intentional violent resistance when the court takes enforcement measures, etc. In addition, the court may impose judicial detention on a person for up to 15 days for refusing to carry out a court judgment or ruling.

2. What are the issues that need to be paid attention to in debt recovery and litigation?

Debt recovery litigation needs to pay attention to the following issues:

1. Keep relevant evidentiary materials;

2. Debt recovery shall be carried out in a legal manner;

3. Pay attention to the time and file a lawsuit in time to avoid exceeding the statute of limitations.

The way to solve the lack of money owed by others is as follows:

1. The two parties negotiate the repayment;

2. Those who meet the requirements may apply to the people's court for a payment order;

3. Collect evidence and file a lawsuit with the court.

The following conditions must be met for a prosecution:

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.

Article 119 of the Civil Procedure Law of the People's Republic of China.

The following conditions must be met for a prosecution:

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 demands, facts, and reasons;

4) It is within the scope of the people's court's acceptance of civil litigation and the jurisdiction of the first court under the people's law.

Legal analysis: If the debtor borrows money and fails to repay it, the creditor can take the following methods: 1. Apply to the court for a payment order or file a lawsuit; 2. If the judgment still does not return, it may apply for compulsory enforcement.

Legal basis: Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases in Jiaoxuzhou Article 2 When a lender initiates a private lending lawsuit with the People's Law Closed Court, it shall provide IOUs, receipts, IOUs and other proof of creditor's rights and other evidence that can prove the existence of the legal relationship between the lenders. If the creditor's rights vouchers such as IOUs, receipts, and credit certificates held by the parties do not indicate the creditor, and the party holding the creditor's rights vouchers initiates a private lending lawsuit, the people's court shall accept it.

Where the defendant raises a factual defense against the plaintiff's creditor qualifications, and the people's court finds that the plaintiff does not have the creditor qualifications upon review, it rules to dismiss the lawsuit.