Evidence collation of debt recovery, how to avoid arrears disputes

First, the collation of evidence for debt recovery.

a) The plaintiff (creditor) shall provide the following:

1. Evidentiary materials that can prove the existence of creditor's rights with the defendant. Such as contracts, IOUs, receipts, IOUs, etc.;

2. Evidence that the defendant has fulfilled its obligations within the time limit. If the money is handed over to the defendant on what day, where, and in what way, and the defendant still does not return it when it expires, it is best to provide a certifier who has no relationship with the creditor's right or the debtor;

3. If there is a guarantor or introducer, the name, gender, age, work unit, home address of the guarantor or introducer must be provided, and if it is a unit guarantee, the name, address, legal representative and other information of the unit must be provided;

4. Provide evidence of the reasons for the defendant's non-performance of obligations.

2) The defendant mainly provides evidence sufficient to prove that the debt has been fulfilled or that it has been modified or cancelled. If the material provided is forged or deceptive, it will bear legal responsibility.

Second, how to avoid arrears disputes.

1) For individual loans, interest-free loans may be agreed, but if the lender requires the borrower to repay the overdue interest, and the lender requests repayment of the interest after the reminder after being repaid, the interest may be calculated with reference to the interest rate of the same type of bank loan.

2) Where the lender clearly knows that the loan is for the purpose of carrying out illegal activities, the law does not protect it. Illegal lending by both parties may be sanctioned in accordance with relevant laws.

3) In the loan relationship, the person who only plays the role of contact and introduction does not bear the guarantee liability. If the performance of the debt is confirmed, it shall be deemed to be the guarantor and bear the guarantee liability.

4) In the event of a dispute, both parties should pay attention to providing written IOUs, and if there is no written IOU or cannot provide them, they should provide necessary factual basis or the testimony of two or more witnesses who have no interest in them to support their claims.

According to the first paragraph of Article 64 of the Civil Procedure Law of the People's Republic of China, "the parties have the responsibility to provide evidence for their own claims", you should submit the necessary evidence to the court when filing a lawsuit or responding to a lawsuit, otherwise your claim may not be supported by the court and you will bear the consequences of losing the case. Here are the main pieces of evidence you should present to the court:

1. Provide written evidence such as IOUs, IOUs or loan contracts that can prove the existence of creditor's rights and debts. Where there is no documentary evidence, the time, place, and amount of the formation of the creditor's rights and debts relationship shall be provided, and disinterested witness testimony or evidentiary clues shall be provided.

2. If there is a guarantor, the name, gender, age, work unit and address of the guarantor shall be provided; If the guarantor is a legal person, the name of the legal entity, the legal representative and his or her address shall be provided. Where there is a security agreement, a written security agreement or guarantee clause should be provided.

3. If there is collateral, the name, quantity, amount of price, place of deposit and name of the custodian and other supporting materials shall be provided.

4. Provide proof of the debtor's failure to perform or incomplete performance of obligations within the time limit and proof of claiming rights during the statute of limitations.

5. Regarding the corresponding evidence of the co-defendants, if Lev and the other party are co-defendants, the proof of marital relationship should be submitted; Corresponding evidence of shareholders' insufficient capital contributions, withdrawal of capital contributions, shareholders' abuse of their independent status as legal persons, and limited liability of shareholders.

If the creditor's evidence is complete, the creditor may recover the debt through negotiation with the debtor or by filing a lawsuit with the court in accordance with law. If the creditor wants to file a lawsuit with the court, it can bring the complaint, a copy of the complaint and the evidentiary materials, and then file a lawsuit with the people's court with jurisdiction.

[Legal basis].Article 188 of the Civil Code.

The statute of limitations for filing a request to a people's court for the protection of civil rights is three years. Where the law provides otherwise, follow those provisions.

Article 64 of the Civil Procedure Law of the People's Republic of China.

It is the responsibility of the parties to provide evidence for their own claims.

Article 119.

The following conditions must be met for a prosecution:

1) The plaintiff is a citizen, legal person, or other organization that has an interest in the case;

2) There is a clear defendant;

3) There are specific litigation claims, facts, and reasons;

4) The scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

Article 120.

A complaint shall be submitted to the people's court, and copies shall be submitted in accordance with the number of defendants. Where there is genuine difficulty in writing a complaint, the lawsuit may be filed orally, and the people's court is to record it in the record and inform the other party to be a repentant prosecutor.

1. Evidentiary materials that can prove the existence of creditor's rights with the defendant. Such as contracts, borrowed sedan notes, receipts, IOUs, etc.;

2. Evidence that the defendant has fulfilled its obligations within the time limit. If the money is handed over to the defendant on what day, where, and in what way, and the defendant still does not return it when it expires, it is best to provide a certifier who has nothing to do with the creditor's rights or the debtor;

3. If there is a guarantor or introducer, the name, gender, age, work unit, and home address of the guarantor or introducer must be provided.

4. Provide evidence of the reasons for the defendant's non-performance of obligations.

Article 188 of the Civil Code stipulates that the statute of limitations for filing a request to the people's court for protection of civil rights 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, follow those provisions. However, where more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not protect them; Where there are special circumstances, the people's court may decide to extend the extension on the basis of the right holder's application.

The ways to resolve debt disputes are as follows: 1. Settlement through negotiation; 2. Submit a written application for mediation to the local people's mediation committee; 3. Apply for arbitration; 4. File a lawsuit with the people's court; 5. Apply for a payment order; 6. Apply for prior execution.

Article 214 of the Civil Procedure Law of the People's Republic of China.

If the creditor requests the debtor to pay money and valuable**, and meets the following conditions, it may apply to the grassroots 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 ** for which sedan chair is requested, and the facts and evidence on which Li Wushi is based.

To recover debts, it is necessary to provide proof of identity, proof of debt, evidence of the debtor's repayment of arrears and interest, method of calculating interest, start and end time, basis, proof of guarantee and mortgage, location and quantity value of property for property preservation, bank deposit bank, account, information of the debtor's family members, other supporting materials, and witness applications. The above evidence must be presented in original form when it is in court**.

[Legal basis].Article 64 of the Civil Procedure Law.

It is the responsibility of the parties to provide evidence for their own claims. The people's court shall investigate and collect evidence that the parties and their litigants are unable to collect on their own for objective reasons, or evidence that the people's court finds necessary for the trial of the case. The people's courts shall follow legally-prescribed procedures to comprehensively and objectively review and verify evidence.

I suggest you try it like this: go to the court first. IOUs, IOUs.

Contracts, agreements, witnesses. The advantage of this is that the debtor does not escape the recovery period.

Note: Statute of limitations. Don't tell the court that you can't find anyone.

Filing a case first is the purpose of the first stage. Once the person is found, the second stage continues to be pursued.