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In our lives, we should have encountered things like borrowing money from others, and many people have encountered things that do not pay back the money owed, and I will deal with it according to the specific situation, for example, I met a person on the Internet before, and then I didn't ask for that person's money, but in real life, I will always ask others for money, this depends on the specific situation, and then I will explain it to you specifically. <>
1.I met someone online, and then I didn't ask for money.
Before I added a friend on the Internet, this person said it was my elementary school classmate, I chatted with him for a while, I felt that the two people seemed to be déjà vu, and then I didn't care anymore, suddenly one day he came to me to borrow money, I felt that the money was not much, so I lent it to him, he said that he would pay it back immediately, I didn't think of it, and then I didn't pay it back, when I went to contact him, he had already deleted me, and I didn't continue to ask for such a person, because after all, there was not much money. <>
2.For some people to borrow money, I will always ask for it.
I had a friend who didn't have a good relationship with them, once I lent him money, but then he never paid it back, so I kept asking for him, and he said to delay it for a few more days, so it kept delaying, delaying for half a year, for such a person, I will always have to finally return the money to me after two years. <>
3.For good friends, for the most part, I won't ask for them again.
As the saying goes, everyone is in a hurry, once my friend was in a hurry I lent him money, but then he didn't have the money to pay back, and I didn't continue to ask for it, because after all, if you continue to ask for it, it will hurt the feelings of two people, and the relationship between friends is still more important, and I believe that he will continue to pay me back when he has money.
All in all, I think that if I encounter something that I owe money and don't pay it back, I will choose the same approach according to the specific situation, for example, there was a person who borrowed me money on the Internet before, and I didn't continue to need it, because after all, there is not much money, but some friends borrow money from me, I will keep asking for it, even if he doesn't pay it back, I will insist on it.
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If I have encountered it, I will generally remind it three times, if you still don't get the evidence back, you can sue directly, and the court will help collect the debt.
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I've had cases where I don't pay back the money I owe, and the other party still looks confident. My way of dealing with it at the time was to go directly to his parents, and after I got the money back, I blocked him.
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I've met it, just tell the other party directly, generally the borrower is a good friend, as long as you open your mouth he will not not pay back, if you really don't want to come back, the amount of money is not much, you don't need to ask for it anymore, just use the money to see a person clearly.
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I've encountered it, and I've been urging it. A friend borrowed money and didn't pay it back, and I kept urging him until he paid it back.
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I have encountered such a thing, but I chose to take the initiative to ask him for money, and then increased the number of times I asked for money, so that he willingly returned the money to me.
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Legal analysis: if the debtor fails to repay the money, the creditor can recover, and if the debtor refuses to perform the repayment obligation, it can file a lawsuit with the court or apply for a payment order.
Legal basis: Article 214 of the Civil Procedure Law of the People's Republic of China Where a creditor requests the debtor to pay money or valuables, and the following conditions are met, the creditor 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.
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Summary. Hello, dear, if you don't pay back the money you owe, you should use the law to protect your own rights and interests, when the other party owes money and does not pay it back, in the case of meeting the conditions for prosecution, you can prepare prosecution materials in accordance with the relevant requirements of the Civil Procedure Law, file a lawsuit with the people's court, and request the people's court to judge the other party to repay the loan and bear the liability for breach of contract.
Before filing a complaint, one should be prepared to collect the appropriate evidence and draft a complaint.
What should you do if you don't pay back the money you owe?
Hello, dear, good afternoon, I am inquiring about the relevant information for you, please wait a moment.
Hello, dear, if you encounter a debt that is not repaid, should be dealt with in this way, you should use the law to protect your own rights and interests, when the other party owes money and does not pay back, in the case of meeting the conditions for prosecution, you can prepare the prosecution materials in accordance with the relevant requirements of the Civil Procedure Law, and file a lawsuit with the people's court, please ask the people's court to judge the other party to repay the loan and bear the liability for breach of contract. Before filing a complaint, one should be prepared to collect the appropriate evidence and draft a complaint.
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If you encounter a way to deal with the money you owe and don't pay it back:
1. The creditor and the debtor settle the matter through negotiation, and the creditor reminds the other party to repay the debt as soon as possible after the loan period expires, and may also agree or enter into a new deferred repayment contract;
2. If the debtor refuses to repay the loan and the negotiation between the two parties is invalid, the creditor may submit a complaint to the court, and has the right to file a lawsuit with the people's court, and the court will accept it in accordance with the law.
If the loan is to be returned by way of litigation, the parties need to prepare relevant evidence in advance, mainly including IOUs, recordings or ** of the two parties when borrowing, bank transfer records, and evidence such as the receipt of the loan by the other party. The creditor may apply to the court for compulsory enforcement, and the court shall take compulsory measures in accordance with the law to seal, seize, freeze, auction or sell the part of the property that the person subject to enforcement shall perform its obligations.
Civil Procedure Law of the People's Republic of China
Article 242.
If the person subject to enforcement fails to perform the obligations set forth in the law 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, 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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1. The specific handling methods for non-payment of money owed are as follows:
1) The debtor shall repay the debt in a timely manner, and if the debtor fails to repay the debt on time, the creditor may file a lawsuit against the people of the place of enforcement to recover the debt;
2) If the debtor refuses to pay the debt, the people's court has the right to enforce, detain, freeze, transfer or change the value of the property of the person subject to enforcement according to different circumstances;
3) If the people's court ascertains that the debtor is indeed incapable of enforcement, it shall rule to suspend the enforcement and resume the enforcement after the suspension disappears;
4) Where the other party refuses to enforce and the circumstances are serious, they may be suspected of the crime of refusing to enforce the judgment or ruling, and shall bear criminal responsibility.
2. Legal basis: Article 188 of the Civil Code of the People's Republic of China.
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. 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, if more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not grant protection, and where there are special circumstances, the people's courts may decide to extend the rights holder on the basis of the right holder's application.
2. What should I do if I owe money to the enterprise?
1. Negotiation; 2. Request for payment order;
3. Prosecution.
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I am a person who pays attention to integrity, values the character of borrowing well and borrowing again, I can take measures for this kind of person who does not repay the money, one is to communicate and coordinate with the other party to make the other party repay the money in a timely manner, the second is to find the other party with evidence and ask the other party to repay the money, and the third is to protect their own interests through the relevant parties in accordance with laws and regulations to require the other party to repay the money.
First of all, I will communicate and coordinate with the other party to make the other party repay the money in time, which is the most ideal solution. For the situation of not paying back the money, the ideal transition is to solve the problem through communication and coordination. Specifically, you can find the person who owes money and don't pay it back, communicate and coordinate with reason, and in this way, the other party can pay off the money in time, so that you can properly solve this problem.
This is clearly the most ideal way to solve the problem.
Secondly, if the other party does not take the initiative to repay the money, you can take the evidence to ask the other party to repay the money. In most cases, people who owe money and don't pay it back won't take the initiative to pay it back, and communication won't work out. With real evidence in hand, it is reasonable to do so on your own.
In this way, the other party feels that he is at a loss, and he will repay the money in time. Although this will have an impact on the relationship between the two parties, it is also a good solution to get your money back.
Finally, if the other party refuses to repay the money, it can protect its own interests through relevant parties in accordance with laws and regulations. In real life, there are some people who are of low quality and refuse to pay back the money after owing money, and communication with them is simply ineffective. In this case, we can protect our own interests in accordance with laws and regulations, and demand that the other party repay the money through the relevant parties.
All in all, if the facts are clear and the evidence is conclusive, the person who owes the money cannot deny that he must repay the money. This matter can be resolved, and one's own interests can be effectively safeguarded.
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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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Legal Analysis: Settlement of non-payment of money owed: settlement, mediation, arbitration, litigation, etc.
According to the relevant laws and regulations, a loan contract is a contract in which the borrower borrows money from the lender and returns the loan at maturity and pays interest. If the borrower fails to return the loan as agreed, the other party may claim to terminate the contract through conciliation, mediation, arbitration, litigation and other means, and request to bear the corresponding liability for breach of contract.
Legal basis: Civil Code of the People's Republic of China
Article 233:Where property rights are infringed, the rights holder may resolve the matter through means such as conciliation, mediation, arbitration, or litigation.
Article 667 A loan contract is a contract in which the borrower borrows money from the lender and returns the loan at maturity and pays interest.
Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases》 Article 25 Where the lender requests the borrower to pay interest at the interest rate agreed in the contract, the people's court shall support it, except where the interest rate agreed upon by both parties exceeds four times the interest rate of the one-year loan market at the time of the conclusion of the contract. The "one-year loan market ** interest rate" mentioned in the preceding paragraph refers to the one-year loan market ** interest rate authorized by the People's Bank of China to be released monthly by the National Interbank Lending Center from August 20, 2019.
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There are many ways, what do you want to sue, arbitrate, send a lawyer's letter, sign a repayment agreement, etc., the IOU says that there are all, and you can try it if you owe money, I hope it will help you.
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