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Civil economic disputes can be defended through litigation.
1. When a party initiates a lawsuit, it shall first submit a statement of indictment and submit a corresponding number of copies according to the number of opposing parties. If the parties are citizens, the names, genders, ages, places of origin, and addresses of both parties shall be indicated; If the party is a unit, the name and address of the unit, and the name of the legal representative or responsible person shall be clearly indicated. The body of the indictment shall clearly state the matters requested, the facts and reasons for the indictment, and the end must be signed or affixed with an official seal.
2. Basis"Whoever asserts is the one who gives evidence"In principle, the plaintiff shall submit the following materials to the court:
1. Materials on the plaintiff's subject qualifications. Such as the original and photocopy of resident ID card, household registration booklet, passport, home return permit for Hong Kong and Macao compatriots, marriage certificate and other evidence; If the enterprise unit is the plaintiff, it shall submit copies of the business license, business registration certificate and other materials.
2. Evidence to prove the plaintiff's claim. Such as contracts, agreements, creditor's rights documents (IOUs, IOUs, etc.), receipts and delivery vouchers, correspondence, etc.
3. When a party submits documentary evidence to the court, it shall fill out a list of evidence in duplicate, listing in detail the name and number of pages of the evidence submitted. After the evidence has been verified by the court's undertaker, the undertaker is to sign and seal the evidence list, and one copy is to be handed over to the parties and one is to be recorded.
IV. Within 7 days after the parties have completed the necessary formalities and submitted all relevant evidentiary materials, the case filing division shall handle the case filing formalities for those who meet the requirements for case filing; Where the requirements for filing a case are not met, a ruling is made in accordance with law not to accept it.
5. The parties shall pay the case acceptance fee and other litigation fees in advance within 7 days from the date of receipt of the notice of acceptance, and if there are real difficulties, they may submit a written application to this court for reduction, deferment or exemption within the prepayment period.
6. After the case filing formalities, the case shall be scheduled by the court**, and the parties shall obey the various work arrangements of the court, and settle the litigation costs in the financial office after the case is concluded, and refund the excess and make up for the deficiency.
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Tell him to pay him back, take a break to ask for money, and have a third person to prove that you have begged for money, and he really owes you money. Don't go past the litigation period.
If you don't pay it back, you will sue.
If the prosecution is not returned, the court will be applied for compulsory enforcement, and if it is not returned, the sentence will be sentenced.
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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.
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Take the legal route. If the other party owes you a huge amount of money, then we can undoubtedly use the law to protect our property rights, which is also the most effective solution to borrow money and not pay it back.
Directly ask the other party to pay back. In fact, many people borrow money and do not pay it back, in addition to their own personal integrity and moral problems, the most important point is that he sees that you may not directly ask him to pay back because of his feelings. And for this kind of person, it is the most effective way to ask him to pay back the money, at this time, you should not take too much care of the so-called affection, because the money is earned by your hard work, and lending it to others is already a great affection, so it is natural to repay the money.
A tactful way to ask for debts. Of course, there is also a possibility that the other party forgot to borrow money from you, so when you want to pay back the money, you can remind him tactfully, if he remembers, as a person with integrity, he will definitely pay you back, if he deliberately does not understand your reminder, then please use the second method directly.
Borrow money from a different position. You also borrow money from him, and remember, borrow the same amount from him, so that he is somewhat touched by the fact that he has borrowed money from you, and secondly, when you borrow money from him, you can pretend to be enlightened and tell him when he has borrowed your money, and the two have been settled.
Show him the proof. More than half of the people who borrow money and do not repay it will not admit it, so we need to take the IOU written by him at that time, or call the certifier who was there when he borrowed the money, so that he has no reason to repay the debt.
In addition, I would like to remind everyone that when borrowing money, we must pay attention to who you are borrowing money from, first of all, whether there is any problem with his integrity and personal moral character, which should be taken into account when you borrow money, and when borrowing money, you must have an IOU written by the other party and fingerprints, or there is a third person present and other relevant proof.
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If someone else borrows money but doesn't pay it back, sends a reminder to the other party, or negotiates with the other party, you can prepare the relevant evidence and file a lawsuit with the court. If the other party still refuses to repay the money after the judgment, it can apply for enforcement. If the other party has the ability to enforce the judgment but refuses to do so, it is suspected of committing a crime and should bear criminal responsibility.
The lawsuit must meet the following conditions: 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 clear 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 where the lawsuit is filed. Legal basis: Article 119 of the Civil Procedure Law stipulates that a lawsuit must meet the following conditions:
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.
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Dealing with the problem of debt requires a rational and objective attitude. Here are some suggestions:
1.Maintain communication: Maintaining communication with debtors is key to dealing with debt issues.
Try talking directly to the debtor and asking them about their plans or reasons for making the payments, or by email or by email. When communicating with debtors, be calm and polite and don't be emotional or threatening.
2.Create a repayment plan: Work with the debtor to create a repayment plan and determine when and how to make the payment.
The repayment plan can be documented orally or in writing and updated after each payment. If the debtor does not repay the loan according to the repayment plan, he or she can be asked to make a new repayment plan.
3.Consider legal means: If the debtor refuses to repay or has a very limited ability to repay, consider legal means to solve the problem.
You can consult a lawyer about the legal process in relation to the debt, or seek assistance from the relevant authorities. The costs and risks of debt recovery should be carefully assessed before considering a legal leniency approach.
4.Don't threaten or violently collect: Threatening, intimidating, or violently collecting is unethical and illegal behavior that can lead to greater trouble and legal liability. When dealing with debts, we must comply with relevant laws and ethical standards, and do not use unfair means.
5.Maintain good records: When dealing with debt issues, you should keep all documents such as correspondence with debtors, contracts, and receipts. These documents can serve as evidence and play an important role when necessary.
Always be cautious, and you need to maintain a rational and objective attitude towards people who do not repay the money, and solve the problem through communication and making a repayment plan. If the problem cannot be properly resolved, legal action may be considered. At the same time, when dealing with debts, relevant laws and ethical standards should be observed, and improper means should not be used.
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If the negotiation is not successful, the other party can apply to the court for enforcement if the other party does not repay the money after the court judgment.
[Legal basis].Article 119 of the Civil Procedure Law: A lawsuit must meet the following conditions: (1) the plaintiff is a citizen, legal person or other organization with 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 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 the enforcement or entrust the relevant unit or other person to complete it, and the costs shall be borne by the person subject to enforcement.
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If you do not repay the debt, you can sue to settle it.
There are 5 steps to the court prosecution process for non-payment of money owed. The ordinary procedure will be completed within 6 months. According to the provisions of the Civil Procedure Law of the People's Republic of China, if a creditor requests the debtor to pay money and value, it may apply to the basic court with jurisdiction for a payment order if the following conditions are met:
The creditor has no other debt disputes with the debtor; The payment order can be served on the debtor.
1. Write a good indictment;
2. Bring evidence and indictment to the court to file a case and pay the litigation fee;
3. After the court reviews and determines the acceptance, it will be heard;
4. Court judgment;
5. Enforcement of judgments.
Civil Procedure Law of the People's Republic of China
Article 221: Where a creditor requests the debtor to pay money or valuables, and meets the following conditions, it may apply to the basic people's court with jurisdiction for a payment order:
1) The creditor and the debtor have no other debt disputes;
2) The payment order can be served on the debtor.
The application shall clearly state the amount of money or valuable ** requested and the facts and evidence on which it is based. Article 222:After a creditor submits an application, the people's court shall notify the creditor within 5 days whether or not to accept it. Article 223: After accepting an application, the people's court shall, after examining the facts and evidence provided by the creditor, issue a payment order to the debtor within 15 days from the date of acceptance if the creditor's rights and debts are clear and lawful; If the application is not sustained, a ruling shall be made to reject it.
The debtor shall pay off the debt within 15 days from the date of receipt of the payment order, or submit a written objection to the people's court.
If the debtor does not raise an objection and fails to perform the payment order within the period specified in the preceding paragraph, the creditor may apply to the people's court for enforcement. Article 224 After receiving a written objection from the debtor, if the objection is sustained after examination, the people's court shall rule to terminate the supervision procedure and the payment order shall become invalid.
If the payment order becomes invalid, it shall be transferred to litigation procedures, except where the party applying for the payment order does not agree to initiate a lawsuit.
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Legal analysis: If the creditor repeatedly demands that it is enough to fail to perform the debt, it can file a lawsuit with the court.
Legal basis: Article 118 of the Civil Code of the People's Republic of China: Civil subjects enjoy creditor's rights in accordance with law.
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Summary. I am happy to answer for you, dear, what to do if you don't pay back the debt, the method is as follows: 1
Make it clear to him directly, explain how much money he still owes himself, and whether he can pay it back. 2.Find an opportunity to communicate in person or find an excuse to borrow money from him.
On appropriate occasions, remind the other party tactfully and tell him about his life embarrassment. 3.Let the borrower write the IOU, otherwise sue the other party to repay the money in time.
Hello, what should I do if I don't pay off my debts.
I am happy to answer for you, dear, what to do if you don't pay back the debt, the method is as follows: 1Directly make it clear to him, saying that Lu Luming still owes him how much money he still owes and whether he can pay it back.
2.Looking for an opportunity to dig down the collapse will communicate in person or find an opportunity to borrow money from him under an excuse. On appropriate occasions, remind the other party tactfully and tell him about his life embarrassment.
3.Let the borrower write the IOU, otherwise sue the other party to repay the money in time.
Legal basis: Article 221 of the Civil Procedure Law If a creditor requests the debtor to pay money or a defensive price**, it may apply to the basic people's court with jurisdiction for a payment order if the following conditions are met: (1) the creditor and the debtor have no other debt disputes; (2) The payment order can be served on the debtor.
This can be proven, but there is no IOU or anything like that.
Didn't write. That has this can also be proven.
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In this case, you can only go to court to sue, and of course the odds are very good, because he does owe you money, and you have relevant evidence. If the defendant can be contacted, it will take about a month. If the defendant cannot be contacted, it will take much longer to make a public announcement. >>>More
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