What should I do if my friend borrowed 20,000 yuan to do business and didn t write an IOU

A friend borrowed 20,000 yuan to do business, and if he didn't write an IOU, he could call ** to ask for it first, and then record it when he passed ** as evidence.

It is better to ask for an IOU, so that it can play a key evidentiary role in the event of a lawsuit.

Good friends, settle the accounts and let them make IOUs, which is not annoying.

There is no way to repay the arrears without an IOU: 1. You can communicate with the debtor privately first, and the two parties determine a repayment cycle and amount, and ask the debtor to issue a repayment plan, repayment agreement, etc. 2. The creditor only provides the bank transfer voucher as preliminary evidence, and can sue the debtor on the grounds of private lending and require it to repay the loan.

3. In the absence of IOUs or IOUs, the creditor may obtain the bank transfer voucher involved in the lawsuit by itself or by applying to the court to issue a letter of entrustment investigation as the case filing materials and the main litigation evidence, but according to the law, if the defendant argues that the transfer is not a loan relationship between the two parties and provides corresponding evidence, then the plaintiff should collect evidence to prove that the other party has indeed borrowed money from him.

Article 2 of the Provisions on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases When a lender initiates a private lending lawsuit with a 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 IOUs, receipts, IOUs, and other creditor's rights vouchers held by the blind 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.

Article 119 of the Civil Procedure Law: The following conditions must be met for initiating a lawsuit: (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 the people's court's acceptance of civil litigation and the jurisdiction of the people's court accepting the lawsuit.

1. There is no IOU to borrow.

The creditor can file a lawsuit in court to force the debtor to pay off the debt in a legal manner. Under normal circumstances, creditors cannot directly exercise their coercive powers, including the seizure of property. However, this is not absolute, and the creditor can seize the debtor's property if the law permits.

Creditors are allowed to seize property in the following two cases:

1. If one party takes possession of the property of the other party as agreed in the contract, and the other party fails to pay the amount payable in accordance with the contract for more than the agreed period, the person in possession has the right to seize the property of the debtor.

2. When the debtor or a third party provides certain property as a guarantee for the debtor's performance of the debt, and the debtor fails to perform the debt, the creditor can seize the collateral and realize its own creditor's rights with priority in the value of the collateral. For example, if A borrows 1,000 yuan as collateral for a farming cow and fails to repay it when due, the creditor can seize the farming cattle to urge A to repay the debt, or sell the cattle according to law to realize his rights, or he can make the farming cattle discount to himself, and the balance can be refunded. This is the right of mortgage in civil law.

1. What should I do if the other party still does not repay the money after the lender wins the lawsuit?

After the judgment of the people's court, if the borrower still does not repay the loan, he may apply to the court for enforcement, and the court may take the following compulsory measures to enforce it in accordance with the law, and may even refuse to enforce the judgment and ruling of the court to punish him:

1. Have the right to freeze or transfer the deposit of the person subject to enforcement.

2. Have the right to seal, seize, freeze, auction, or sell part of the property that the person subject to enforcement shall perform its obligations.

3. Where assets are concealed, the people's courts have the right to issue a search warrant to conduct a search of the person subject to enforcement and his residence or place where the property is hidden.

4. Compel the person subject to enforcement to pay double the interest on the debt or the penalty for the delay in performance.

5. If the creditor finds that the person subject to enforcement has other property, it may also request the people's court to enforce it at any time.

6. Where the subject of the application refuses to perform on an effective judgment or ruling, the people's court may impose a fine or detention on the basis of the severity of the circumstances.

7. Where the respondent's refusal to perform on an effective judgment or ruling is serious and constitutes a crime, its criminal responsibility shall be pursued in accordance with law, which is the so-called "crime of refusing to enforce a court judgment or ruling".

1. If you don't pay back the money, you can sue, provided that there is evidence and it is within the statute of limitations.

2. The evidence includes IOUs, audio recordings, payment vouchers, etc., and the IOUs should be original and cannot be altered or photocopied in any way.

3. If the repayment date is indicated, the statute of limitations shall be within three years from the date of expiration of the IOU; If there is no repayment date, you can request repayment at any time, within three years from the date of the first recovery.

4. 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 he maliciously defaults. In the event of the death of the debtor, it may be paid off from his estate.

If the parties sue without an IOU, they can choose some other things as evidence, such as audio recordings, payment vouchers, etc. In other words, in an IOU lawsuit, the IOU is not the only evidence, and of course its probative force is certainly stronger than other evidence.

1. What is the evidence that can prove the loan relationship?

In the process of debt collection, the relevant debt collection materials, that is, the evidence of debt collection, are particularly important, because in order to have more evidence of debt collection in law, the relevant IOUs and debt information become a basis for the success of the debt collection action, and many debt collection cases still have many debts without IOUs and no written evidence, although this debt dispute is more hot, but the creditor can collect other evidence that can prove the fact of arrears to collect debts. Specifically, this evidence includes:

1. IOUs, receipts, contracts, and other evidentiary materials that can prove the existence of creditor's rights and debts between the plaintiff and the defendant.

2. The plaintiff shall provide evidence of the time, place and delivery of the subject matter to the defendant.

3. For the person who is jointly and severally liable for the debt guarantee, the name, gender, work unit, position, home address, and evidence of the person who shall be held liable shall be provided.

4. For claims with collateral, receipts of collateral shall be provided, indicating the type, quantity, and value of the collateral.

5. Provide evidence of the debtor's overdue performance of debts and other violations of civil contracts.

6. Provide evidence that the defendant has solvency.

7. If the return of the article is requested, the evidence of the quantity, quality and storage location of the article shall be provided.

8. The debtor may provide evidence that the relationship of the creditor's rights has changed or has been extinguished.

9. Provide evidence related to the case. The forms in which the parties provide the above-mentioned evidentiary materials may be documentary evidence, physical evidence, audio-visual materials, witness testimony, and so forth.