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What should I do if I encounter someone who owes money and does not pay it back?
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If the money owed is not repaid, the party concerned may file a civil lawsuit with the people's court to demand that the other party repay the arrears. When filing a civil lawsuit, it is necessary to prepare: a civil complaint, a copy of the other party's ID card (or a business license for enterprises), 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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If you owe money and don't owe much, don't do it. Spend money to buy a lesson. If you owe a lot, it depends on when you borrowed it and whether you promised to pay it back.
If there is a clear deadline, then see if the deadline has passed for 2 years, if the deadline has passed for more than 2 years, it is a lawsuit and will not come back. If it is still within 2 years of the deadline, file a lawsuit immediately. If there is no agreed repayment date, then you can sue the other party whenever you want.
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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 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.
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Find evidence of the loan and coordinate with the debtor to ask for it.
For those who owe money and do not pay it back, it is still recommended that everyone use the law to protect their rights and interests, and they can sue and apply for enforcement after winning the lawsuit.
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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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