What should I do if I don t pay back the money I owe? What should I do if I don t pay back the money

How to deal with non-repayment of debts:Apply to the court for resumption of enforcement of the original judgment.

If the debtor still fails to perform the settlement and enforcement agreement after signing the settlement and enforcement agreement or the settlement letter, then the parties must perform the legally effective civil judgment or ruling according to article 236 of the Civil Procedure Law. 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.

That is, if the other party refuses to perform, the parties may apply to the people's court for resumption of enforcement of the original judgment.

A separate lawsuit may be filed to increase the liability for breach of contract.

In Method 1, it is not difficult to see that because there is no cost of default, the person subject to enforcement can breach the contract at will, which greatly reduces the binding force of the enforcement settlement agreement on the person subject to enforcement, which is obviously contrary to the principle of fairness.

In this regard, the Supreme Court also issued relevant provisions, that is, when the person subject to the application for enforcement fails to perform the settlement agreement, the applicant for enforcement may choose to file a separate lawsuit in addition to applying for resumption of enforcement, and at this time, the person subject to enforcement can be required to bear the corresponding liability for breach of contract and bear heavier obligations than those determined by the original effective legal documents.

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.

What should I do if I encounter someone who owes money and does not pay it back?

If you owe money and don't pay it back, why can you still be an uncle The main reason is that the cost of debt collection is too high, and there is no cost to owe money, but this is not the case now, the era of owing money and being an uncle is over, and now the litigation fee of less than 10,000 yuan is only 50 yuan, and as long as you have conclusive evidence, you don't need to hire any lawyer at all, you will pay the case to the court, and someone will come.

It is recommended to report the case and find someone on the road to solve it if you have the ability!

1. What should I do if I don't pay back the money I owe? If the money owed is not repaid, it can first negotiate with the debtor and ask the debtor to repay the loan as soon as possible or reach a new repayment agreement; You can also sue directly, but at the same time, you must collect and keep the corresponding evidence, such as IOUs, emails, mobile phone text messages, recordings, remittance records, etc., and see if there is a repayment period on the IOU, if there is a repayment period, you should sue within three years after the expiration of the repayment period, and if you exceed three years, you will lose the right to win the lawsuit. Paragraph 1 of Article 188 of the Civil Code (effective as of January 1, 2021) The statute of limitations for requesting protection of civil rights from a people's court is three years.

Where the law provides otherwise, follow those provisions. Article 192:Where the statute of limitations for litigation is complete, the obligor may raise a defense of non-performance of obligations. After the expiration of the statute of limitations, if the obligor agrees to perform, the expiration of the statute of limitations period must not be used as a defense; Where the obligor has already voluntarily performed it, it must not be returned.

2. What Evidence Is Needed When Failing to Repay Money (1) Evidence to Prove the Qualification of the Parties to the Litigation 1. If the parties are natural persons, they should submit identification materials, such as ID cards or household registration books. 2. If the party concerned is a legal person or other organization, the subject registration materials shall be submitted, such as a copy of the industrial and commercial business license or the industrial and commercial registration list issued by the industrial and commercial registration authority, the registration certificate of the legal person of the association, etc. 3. If the names of the parties have been changed after the occurrence of the disputed legal relationship, the registration materials for the change shall be submitted.

2) Evidence to prove the existence of the loan relationship: IOUs or loan contracts, incoming and going emails, mobile phone text messages, audio recordings, remittance records, repayment commitments, etc. Litigation can be said to be a better way to deal with debt disputes, but if you need to file a lawsuit with the court at this time, you need to pay attention to the statute of limitations and evidence.

Legal Analysis: Settlement of non-payment of money owed: settlement, mediation, arbitration, litigation, etc.

According to the relevant laws and regulations, a loan contract is a contract in which the borrower borrows money from the lender and returns the loan at maturity and pays interest. If the borrower fails to repay the loan as agreed, the other party may claim to terminate the contract through conciliation, mediation, arbitration, litigation or other means, and request to bear the liability for breach of contract.

Legal basis: Civil Code of the People's Republic of China

Article 233:Where real rights are infringed upon, the rights holder may resolve it through means such as reconciliation, mediation, arbitration, or litigation.

Article 667 A loan contract is a contract in which the borrower borrows money from the lender and returns the loan at maturity and pays interest.

Provisions of the Supreme People's Court on the Issue of the Application of Law in the Trial of Private Lending Cases》 Article 25 Where the lender requests the borrower to pay interest at the interest rate agreed in the contract, the people's court shall support it, except where the interest rate agreed upon by both parties exceeds four times the one-year loan market interest rate at the time of the conclusion of the contract.

Legal analysis: If the debtor owes money and does not pay it back, the creditor can sue for processing. To file a lawsuit, the following materials must be submitted to the court:

1. Evidence proving the parties' qualifications as the subject of litigation.

1. If the party concerned is a natural person, he or she shall submit his or her identity information, such as ID card or household registration booklet.

2. If the party concerned is a legal person or other organization, the subject registration materials shall be submitted, such as a copy of the industrial and commercial business license or the industrial and commercial registration list issued by the industrial and commercial registration authority, the registration certificate of the legal person of the association, etc.

3. If the name of the party has been changed after the occurrence of the disputed legal relationship, the change registration information shall be submitted.

2. Evidence to prove the existence of the borrowing relationship.

There are mainly loan contracts, loan agreements, IOUs, IOUs, repayment commitments, bank statements and other creditor's rights vouchers, as well as other evidence that can prove the existence of the legal relationship between the loan and the loan.

3. Evidence to prove that the loan has been repaid.

Receipts or proof of payment for each repayment of principal and interest.

4. The basis for calculating the amount of the litigation claim.

Provide a list of the calculation of the amount of principal and interest required in the litigation claim, including the calculation list of the principal balance, the calculation list of the interest amount, etc.

Legal basis: Article 188 of the Civil Code of the People's Republic of China: The statute of limitations for requesting protection of civil rights from the people's courts 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 for congratulatory notices, 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.

In view of the lack of integrity and the decline of morality, if the payment is due, we recommend that you sue in time to avoid the statute of limitations and the loss of the right to win. If you don't know that you are in **, you can still sue, you first give the contract enforceable effect.

I owe you money, and for what reason do I owe it? If it is a loan, you will be sued according to a private loan, and you need to provide how to give the money to the other party; If it is a sales contract, Lu Zhongbi needs to consider whether the contract is performed and whether there is a quality problem.

As long as you have the basic information of the other party and the evidence of the prosecution, then you can go to the court to sue the other party.

Even if the court can't contact him, the information will be disclosed by publishing it in the newspaper, and then, as long as you win the case, then you can wait for the enforcement stage.

When it comes to the enforcement stage, the court will freeze the assets in the other party's name (bank card accounts, real estate, etc.) and auction them to repay you. Assuming that there are no assets that can be enforced, there is no need to worry, the other party will be included in the information of the judgment defaulter, and at least all its high consumption (such as bullet trains, high-speed rail, hotels, etc.) can be restricted until the other party has property and can be executed as soon as possible.

In addition, if a guarantor is established to ensure the realization of the creditor's rights when the contract is signed, the creditor has the right to require the guarantor to pay off the debts when the debts are due or impossible for the debtors to pay off. The guarantor may recover from the debtor after paying off the debt.

If there is a spouse, the spouse may also be required to repay it, because debts owed in the name of one of the spouses during the marriage relationship should be repaid jointly if there is evidence that the loan was used for family expenses or to improve family life.

It is a very annoying problem for people who owe money and do not pay it back, especially when the borrower has been defaulting on their repayments and has not even made any effort to resolve the issue. Here are some tips for dealing with those who owe money:

1.Communication: First, you can communicate with the debtor to understand their situation so that you can find a solution to the problem.

In the process of communication, we should respect each other, express our own demands for the banquet, and listen to the other party's explanations and requirements. If the debtor has reasonable hardship and reasons, consider negotiating the repayment method and time.

2.Make a repayment plan: If the consumer agrees to repay, you can make a repayment plan that specifies the amount, timing and method of repayment. In the process of making a repayment plan, write down specific details, such as the amount of each payment, the method of repayment, the time of repayment, etc.

3.Seek legal recourse: If communication and negotiation fail to resolve the issue, consider taking legal action.

It is possible to sue the debtor through a lawyer and apply for a court judgment to obtain the right to recover the debt. This process takes time and expense, but it may be the only way to resolve the issue if the debtor does not take any action.

4.Avoid recurrence: For those who owe money, consider whether to give another chance to borrow, and if you decide to give, develop a detailed repayment plan and agreement to avoid the recurrence of the problem of arrears.

In short, it is necessary to be calm and rational in dealing with those who do not repay the money they owe, and take appropriate measures to safeguard their own interests and dignity. At the same time, we should also try to avoid this situation, establish a self-protection mechanism, and do not easily lend money to people who do not trust or are not familiar with it.

Collect relevant evidence to prove it and resolve it directly through court proceedings. Apply for compulsory enforcement after the judgment takes effect.

Summary. It is recommended to go to the court to file a lawsuit in a timely manner, and after the court makes a judgment, apply to the court for compulsory enforcement.

It is recommended to go to the court to file a lawsuit in a timely manner, and after the court makes a judgment, apply to the court for compulsory enforcement.

Article 236 of the Civil Procedure Law: The parties must perform on civil judgments and rulings that take effect. If one party refuses to perform the negotiation, the other party may apply to the people's court for enforcement, or the adjudicator may transfer it to the executor for enforcement. The parties must perform the mediation document and other legal documents that shall be enforced by the people's courts.

If one party refuses to perform, the other party may apply to the people's court for enforcement.

Can you tell me more about that?

What money is owed? Do you have any evidence on your side?

Hello, the other party owes 300,000 yuan, but what should I do if I haven't paid it back for seven or eight years.

In seven or eight years, have you asked the other party for this money?

Does the other party recognize the money now?

Do you have any evidence on your side?

If you want to pass, you can't find anyone. There is an IOU, but does it matter if there is a mistake in our name?

What money is owed?

If there is other evidence that the fact of the arrears is only one name wrong, it doesn't matter.

When was the last time?

Can you show me the IOU?

At present, the silver forest is not good for you, the statute of limitations for civil litigation is three years, if you have not asked for this money in the past three years. The other party argues that the statute of limitations has expired, and the court will not favor you.

It's just borrowing money, and I haven't found anyone.

No one has been found, why haven't you sued?

How do you give money to the other party?

Is there a record of the transfer?

Bank transfers are recorded.

If there is a transfer record, it can prove that you have fulfilled the lending obligation, and the IOU is wrong, which will not affect the validity of the IOU. It can be proved that there is a relationship between you.

Is it convenient for me to see the IOU?

If you haven't been prosecuted, is it useful to sue now?

1.If the other party does not file a lawsuit or does not show up for the trial, the court will support your claim. 2.

If you can prove that the last three years are to be posted, the statute of limitations will be interrupted and can be upheld. 3.If there is no appointment to settle the time for the repayment of the money, then the statute of limitations is calculated from the time you first start to pay the account.

Is it convenient to take a look at your IOU?

The IOU is not with me now, so what will I do now if I sue him for not being able to pay it.

If the court upholds your claim, you can apply for enforcement.

Seizure of property vehicles.

If there is still no property.

Then you can only wait until the other party has property before resuming enforcement.