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After borrowing, the other party owes money and does not repay the money, mainly including negotiation, mediation, application for payment order, litigation, etc. Among them, when a lender initiates a private lending lawsuit with the people's court, it shall provide proof of creditor's rights such as IOUs, receipts, and IOUs, as well as other evidence that can prove the existence of the legal relationship between the lenders.
Where the creditor's rights vouchers such as IOUs, receipts, and IOUs held by the parties do not indicate the creditor, and the parties holding the creditor's rights vouchers file 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.
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Legal analysis: If the debtor owes money and does not pay it back, the creditor can sue for processing, or apply to the court for a payment order to collect the debt.
Legal basis: Article 675 of the Civil Code of the People's Republic of China. If the borrower and the lender agree on a repayment period, the borrower shall repay the loan in accordance with the agreed time limit.
If the borrower and the lender do not agree on the loan repayment period or the agreement is not clear, the two parties may negotiate to supplement it; If a supplementary agreement cannot be reached, it shall be determined in accordance with the relevant provisions of the contract or transaction customs.
If there is still no certainty, the borrower can return it at any time; The lender may urge the borrower to repay the loan within a reasonable period of time.
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1. There is no intention to repay the money. Fancy a favorite product on the Internet Fancy a long-cherished product on the Internet, send a link to a friend, let him help you refer to the reference, after chatting with each other for a while, suddenly said, oh yes, the money you borrowed from me last time has not been repaid, at this time the other party will generally pay you back immediately.
2. Skillfully withdraw and repay the money. The purpose of getting the other party to repay the money can only be achieved through some skills, which can imply that the other party is currently in urgent need of money, and when borrowing money, he is also considerate of the other party, hoping that the other party can be considerate of himself. There is a high probability that this method will get the money back, and it leaves a step for the other party.
3. Collect evidence for prosecution. If the above two methods, the other party still does not pay back, you can do this, call ** to ask the other party when the money owed to you will be repaid, at this time the other party will definitely reply to you, at this time you are going to make a call recording, take the evidence to sue.
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Find him first, ask for it many times to no avail, see if there is no IOU or anything, you can sue him, if you don't even have an IOU, it's not easy to do, look for his family to go, if you can't, you have to admit bad luck, be careful next time.
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If others owe you money and don't pay it back, then at this time you must keep a good recording of the **, debt collection, and text message debt collection. Prepare the IOU you borrowed at the time, and then prepare to sue.
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If someone owes money and borrows a large amount of money, it is recommended to file a lawsuit with the court to realize your claims with the help of the power of the law. However, winning a lawsuit must be evidenced, preferably with an IOU or contract. If not, you can think of other methods, such as audio recordings, text messages, chat records, etc., which can be used as strong evidence.
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Are you sure you really forgot, I can always remember if I borrowed some money from others, whether I really forgot or don't want to pay it back, or you remind him to pay back the money, and find a reason to ask him if he can pay it back with the money. It is recommended to lend money to others next time in the IOU said to write an IOU, and they can be automatically reminded when they expire to save them from forgetting. Or consult first to hear their opinions!
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If you owe too much money, you will sue first, and then block that person's credit, and if you don't pay back the money, you will be detained.
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Look at how the relationship is, look at the next step in your mind to prepare to have a stiff relationship with the person who owes money, how the amount of money is relatively large, then sue, otherwise the court will not accept it after the statute of limitations, if the relationship is good, then wait, no way. Once prosecuted hurts feelings.
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Look for him to ask for it, if the other party is cheeky and doesn't give it, then take other methods, such as blocking the door or something.
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Hello, if you really can't do it, you can consider taking legal steps to sue him!
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Carry a brick to him or her
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Collection in accordance with the law. Please keep the evidence.
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Legal analysis: If you don't repay the money that others owe you, you can negotiate with the debtor first, and if the negotiation is successful, you can sign a repayment agreement with the other party. If the negotiation fails, a lawsuit may be filed in the people's court and litigation preservation may be requested at the same time.
Within the limitation period, the creditor may directly file a lawsuit with the people's court at the place where the debtor's original residence or property is located to recover the debt. When filing a lawsuit, you should have evidence such as an IOU to prove the existence of a loan relationship, and the court will file and accept the case.
Legal basis: Civil Code of the People's Republic of China
Article 674:The borrower shall pay interest within the agreed time limit. Where there is no agreement on the time limit for the payment of interest or the agreement is not clear, and it is still uncertain in accordance with the provisions of Article 510 of this Law, and the loan period is less than one year, it shall be paid together with the return of the loan; If the loan period is more than one year, it shall be paid at the end of each year, and if the remaining period is less than one year, it shall be paid together with the return of the loan.
Article 675: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.
Article 676: Where a borrower fails to repay the loan within the agreed time limit, it shall pay overdue interest in accordance with the agreement or the relevant provisions of the State.
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<> don't pay back the money you owe. The act of not paying back the money owed is an immoral behavior, but we need to judge and deal with it on a case-by-case basis, and we cannot generalize. Here are some ways you might deal with someone who doesn't pay back the money you owe:
First, rational communication, if it is a loan relationship between relatives and friends, it can be solved through rational communication and negotiation. You can ask the other party if they have financial difficulties or other reasons that have caused them to fail to repay on time. And try to come up with a repayment plan that is acceptable to both parties.
Second, seek legal help, if the arrears are a good business loan relationship, you can consider seeking legal help. You can consult a lawyer about the relevant legal procedures and take legal measures to demand that the debtor repay the loan.
Third, learn from the experience of others, and when facing the situation of a debtor, you can consider learning from the experience of others and seek help from professional counseling agencies or community organizations.
Either way, we need to look at the situation calmly and objectively. And try to solve problems in a peaceful, rational, legal way. At the same time, we should also pay attention to signing contracts and ensuring the credit of the other party when we receive ourselves, so as to reduce our own risks.
<> don't pay back the money you owe.
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If someone owes me money and has not repaid it, the creditor can file a lawsuit with the people's court and apply to the court for compulsory enforcement.
1. What should I do if I borrow money and can't get it back?
The creditor can file a lawsuit with the people's court, and if the debtor fails to perform the court judgment, the creditor can apply to the court for enforcement. When the court accepts the compulsory enforcement, it will inquire about the real estate, vehicles, ** and deposits in the name of the parties in accordance with the law. If the party has no property in his name that can be enforced and refuses to perform the effective judgment of the court, he will be included in the list of dishonest persons and will be restricted from spending and entering and exiting the country.
2. What is the best way to deal with people who owe money and don't pay it back?
If the debtor fails to repay the money within the time limit, the creditor may file a lawsuit with the people's court for mediation, or apply to the court for compulsory enforcement. The people's court will inquire about the property of the person subject to enforcement, such as deposits, bonds, 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.
3. What should I do if I owe money and don't pay back the message.
If the person who owes the money does not accept it, and the creditor cannot find it, the creditor has the right to sue the court to demand that the other party pay off the debt. Prosecution requires the collection of evidence, including IOUs, audio recordings, payment vouchers, etc., and the IOUs must be original and cannot be altered or photocopied in any way. After the court makes a judgment, if the other party cannot apply to the court for compulsory enforcement, the debtor can also be detained if it defaults maliciously.
Civil Procedure Law of the People's Republic of China
Article 252.
Where the person subject to enforcement fails to perform the acts specified in judgments, rulings, or other legal documents in accordance with the enforcement notice, the people's court may enforce it or entrust the relevant unit or other person to complete it, and the person subject to enforcement shall bear the costs.
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. People's courts must not inquire about, seize, freeze, transfer, or sell property beyond the scope of the obligations that the person subject to enforcement shall perform.
When a people's court decides to seize, freeze, transfer, or convert property, it shall make a ruling and issue a notice of assistance in enforcement, and the relevant units must handle it.
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Resolve it through negotiation in a timely manner, and if it cannot be resolved through negotiation, it shall be resolved directly through court litigation.
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Thinking about how to deal with people who owe money and don't pay it back, let's first figure out one thing, that is, when others borrow money from them, are they really willing to lend money to the other party, and if the other party does not pay back to them after borrowing money, can they accept it in their hearts?!
If it is a person who has a particularly close relationship with himself, and he knows and trusts the other party very well, then in this case, I think the reason why the other party borrowed money from him was also a particularly difficult thing to come, and he had to bow his head and open his mouth to himself, in this case, it is understandable to help the other party as much as he can, even if the other party cannot repay the money for a while, but as long as the other party's conditions can be met, he will definitely keep his promise.
But if the relationship with yourself is just a very general friend, colleague, classmate, one day suddenly find yourself to borrow money, then in this case, you should think of the money lent out, the other party is likely to be unable to repay their psychological preparation, generally speaking, you should find a tactful reason and excuse to refuse the other party, if you really can't press the sub-factors, you can also borrow a part of the other party's money, but this part of the money must be within the range of losses you can bear, so that even if the other party owes money and does not pay back, I won't be too disappointed and remorseful.
Of course, if it involves some other economic disputes or civil disputes, and the other party owes them money and does not pay it back, it is recommended to try to communicate and negotiate with the other party as much as possible to reach an agreement.
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If a friend borrows money and does not repay it, it can be resolved through negotiation, litigation and request for payment order. If the other party still does not repay the money after the court makes a judgment, it can be watched and asked the court to enforce it.
If a friend borrows money and does not repay it, it can be resolved through negotiation, litigation and request for payment order.
1. Negotiation method: If others owe money and do not repay it, they can negotiate to repay the loan in installments after the expiration of the agreed repayment period. This method is more convenient, but there is no guarantee of enforcing Sakura's power.
2. Litigation method: If no agreement can be reached, debt.
If the right holder has no avail, he may bring his ID card, complaint, etc.
A civil lawsuit is filed in court. Even if there is no evidence, it can be done.
If the lawsuit is filed, as long as the conditions for filing a lawsuit are met, the lawsuit can be filed, and it is not required.
There must be evidence. But at the trial stage after the indictment, if:
If there is no evidence to prove the existence of a loan relationship, the lawsuit will be lost.
3 Payment order method: The creditor can also apply directly to the court for a payment order to claim the amount owed. This method is less costly, but it is easy to become invalid and then transferred to litigation.
If the other party still does not repay the money after the court makes a judgment, it may request the court to enforce it.
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For those who owe money and don't pay it back, here are some ways to assert your rights:
1. Try to negotiate with the other party. Negotiation can not only avoid the intensification of conflicts, but also facilitate the collection of evidence;
2. Send a written reminder letter to the other party, and entrust a lawyer to issue a lawyer's reminder letter, which will be more effective, and the lawyer will be more professional in dealing with it, so that it can create a certain legal deterrent effect for the other party. At the same time, it can also form strong documentary evidence, which is convenient for requesting money and subsequent processing;
3. Resolve the matter by filing a lawsuit with the people's court. If a lawsuit is filed with the court, it must be filed within the statute of limitations. In order to avoid the transfer of property by the debtor, an application for property preservation can be made as soon as possible after the case is filed.
The court makes a judgment or mediation based on the circumstances of the trial, and the mediation is conducted on the basis of the consent of both parties;
4. After winning the lawsuit, if the other party refuses to perform, the winning party can apply to the people's court for compulsory enforcement, and the court will investigate the real estate, vehicles, ** and deposits in the name of the debtor in accordance with the law after accepting the compulsory enforcement, and take compulsory measures.
Legal basis. Civil Procedure Law of the People's Republic of China
Article 1: A complaint shall be submitted to the people's court for prosecution, and a copy 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.
Hello, in the eyes of the law, it is not supported to pay the debt of the son. But in private, you can try it, and if the amount is not large, parents will pay it back for their children.
This kind of thing is very common, but the important thing is how the other party actually sees it, you can text it, this trick is good, you will not be embarrassed to look at him face-to-face, she also understands that she must be solemn when she speaks, if it really doesn't work, it should be eliminated. He will always feel guilty when everyone meets in the future.
Take the right path.
Because it is a friend who borrows money, we should be generous when we ask for money, because our money is borrowed in advance, so we should be bold enough to ask for it back, instead of being embarrassed, or thinking of some crooked ways, but let things worse. >>>More
The kind of person you're talking about is a typical old man. I can't talk much, I can only find evidence and legal ways. If the amount is not high, it can only be used as a lesson, and it is recommended to stay away from this kind of people.
What should I do if I don't pay back the money I lent to a friend? >>>More