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If there is no IOU, it is obviously useless to go through the legal route.
Non-legal means suggest you don't go, that's not something that can be solved with 4,000 yuan.
It can only be said that this person is too sparse, and he can talk about it with the people he knows and everyone around him, so that they can recognize this person's face.
Of course, if you think you can do it, go to his house to ask for it, let his neighbors know, go to his unit to ask for it, and let his leaders know, so that he has to pay back the money for himself and avoid trouble.
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The law is about evidence. Didn't your family borrow money without an IOU?
Don't have a receipt when you pay it back?
Keep proof of your cash transactions (bank slips or other proof) and check online for a free lawyer's consultation.
Sue him NND.
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That remittance slip cannot be used as an IOU, it can only prove that you have sent money to him. He can completely say that he didn't borrow you, and he doesn't know if you call him. So it shouldn't be fun to go through the legal process.
Looking at his attitude, it is impossible to wait for him to take the initiative to return you. If that person doesn't have any background, find someone to play hard with him!
I guess that man has no money!
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Fight the snake and hit seven inches, analyze what he cares about the most and what he is weakest, and also see if he has any social background, and if he starts fighting, he will go through the judicial process, but it is estimated that the lawyer's fee will be several thousand.
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The cost of a debt collection agency is too high. As long as you keep the evidence, litigation is the best way, whether you have left IOUs or the like, or witnesses.
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It is too troublesome to go through the legal process, so it is recommended to find a few people and threaten them well.
Generally, people who are greedy for money are more afraid of death. You know ... Hehe.
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It's not okay if you didn't ask him to leave any notes. If you don't have any money to pay you back, you just treat him as if he didn't exchange your 800
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Use the law to protect your legitimate rights and interests!
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Legal analysis: If you owe money, you can't go directly to the court to file a lawsuit, and you can apply for enforcement after the court judgment. If the debtor has more than one creditor, it shall give priority to the repayment of the secured creditor's rights, and if each creditor is unsecured, it shall be repaid in the order of attachment and seizure.
If the debtor is an enterprise legal person and the assets are insufficient to pay off all debts, the obligee may apply for bankruptcy.
Legal basis: Article 675 of the Civil Code of the People's Republic of China 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 cannot be determined in accordance with the provisions of Article 510 of this Law, the loan difference may be returned at any time; The lender may demand the borrower to return it within a reasonable period of time.
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The way in which people who owe money and do not pay it back can vary from case to case, but there are generally a few ways::
1.Negotiation: Try to negotiate with the person who owes money and discusses ways to settle the debt, such as paying it in installments or reducing the amount owed. During the negotiation process, it is necessary to remain calm, objectively analyze the situation and find the most reasonable solution.
2.Seek legal help: If you owe a large amount or the other party refuses to repay, you can consider seeking legal help to recover the amount owed through legal channels.
This requires finding a reputable, professional law firm that understands the legal process and process, and actively cooperates with the lawyer.
3.Warning or alarm: In some cases, you can issue a warning letter to the debtor or call the police to protect your legal rights. This requires the collection of relevant evidence and the provision of necessary information and assistance to **.
4.Take other ways: In addition to the above methods, you can also take other ways to fight for infiltration, such as finding someone to ask for debts, enforcing through the court, and so on.
However, these methods need to be carefully chosen, and drastic measures should be avoided as much as possible to avoid greater losses and adverse effects.
In short, people who owe money and do not pay it back need to take different ways according to the specific situation, avoid emotional and violent behavior, and protect their legitimate rights and interests. At the same time, it is also necessary to respect the reasonable demands of the other party and find appropriate solutions to solve the problem. Check the code.
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For this kind of person who owes money and does not pay it back, the measures we can take include communicating and coordinating with the other party to make the other party repay the money in a timely manner, taking evidence and rushing to find the other party to ask the other party to repay the money, and protecting their own interests through relevant parties in accordance with laws and regulations to ask the other party to repay the money. 1. 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 does not pay it back, communicate and coordinate with reason, know and emotion, and in this way, the other party can pay off the money in time, so that you can properly solve this problem, which is obviously the most ideal way to solve the problem. 2. If the other party does not take the initiative to repay the money, you can ask the other party to repay the money with evidence. 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.
At this time, you can find the other party with relevant evidence and ask the other party to pay back the money. 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. 3. 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.
For this kind of wandering situation, we can protect our own interests in accordance with laws and regulations, and ask the other party to repay the money through the relevant parties. When the facts are clear and the evidence is conclusive, the person who owes the money cannot deny it and must repay the money, so that the matter can be resolved and his own interests can be effectively safeguarded.
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I hate people who owe money to others and don't pay it back, and if you don't have money, it's too much if you don't pay it back. Treat the person who owes money and does not repay the creditor's rights and interests, and the person can use the law to protect his legitimate rights and interests, and can also negotiate with the debtor on the issue of debt repayment, and if the negotiation fails, he can use the law to protect his legitimate rights and interests. In the case of arbitration, mediation or litigation, you can also apply to the court for pre-litigation property preservation or payment order.
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If the debtor owes money and does not repay it, the creditor may sue for handling. To file a lawsuit, the following materials must be submitted to the court:
1) Evidence proving the qualifications of the parties as the subject of litigation.
1. If the party concerned is a natural person, he or she shall submit his or her identity information, such as ID card or household registration booklet.
2. If the party concerned is a legal person or other organization, the registration materials of the entity shall be submitted, such as a copy of the industrial and commercial business license or the industrial and commercial registration list issued by the industrial and commercial registration authority, and the registration certificate of the legal person of the association.
3. If the names of the parties have been changed after the occurrence of the disputed legal relationship, the registration materials for the change shall be submitted.
2) Evidence to prove the existence of the borrowing relationship.
There are mainly loan contracts, loan agreements, IOUs, IOUs, repayment commitments, bank statements and other creditor's rights vouchers, as well as other evidence that can prove the existence of the legal relationship between the loan and the loan.
3) Evidence to prove that the loan has been repaid.
Receipts or proof of payment for each repayment of principal and interest.
4) The basis for calculating the amount of the litigation claim.
Provide a list of the calculation of the amount of principal and interest required in the litigation claim, including the calculation list of the principal balance, the calculation list of the interest amount, etc.
1. What is the term of protection for civil rights claims?
Civil Code (effective January 1, 2021).
Article 188:The statute of limitations for requesting protection of civil rights from the people's courts 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.
Article 189:Where the parties agree to perform the same debt in installments, the statute of limitations period is calculated from the date on which the last period for performance expires.
Article 190:The statute of limitations for persons who lack or have limited capacity for civil conduct to make claims against their legally-prescribed persons is calculated from the date on which the legally-prescribed ** is terminated.
Article 191:The statute of limitations for the right to claim damages for minors suffering ** harm is calculated from the date on which the victim reaches the age of 18.
Article 192:Where the statute of limitations for litigation is complete, the obligor may raise a defense of non-performance of the obligation.
After the expiration of the statute of limitations, if the obligor agrees to perform, the expiration of the statute of limitations period must not be used as a defense; Where the obligor has already voluntarily performed it, it must not be returned.
Article 193:People's courts must not actively apply the statute of limitations.
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According to the provisions of China's Civil Procedure Law, the creditor requests the debtor to pay money and value, and if the following conditions are met, it can apply to the basic people's court with jurisdiction for a payment order: the creditor and the debtor have no other debt disputes; The payment order can be served on the debtor. If the debtor fails to repay the debt within 15 days after receiving the payment order issued by the people's court, or fails to raise a written objection to the people's court, the creditor may apply to the people's court for compulsory enforcement.
It can be seen that the biggest advantage of applying to the people's court for a payment order to recover the arrears is that the time is short and the results are quick. Of course, if the debtor submits a written objection to the people's court within the statutory time, it must be handled through litigation procedures.
1. Can a person who refuses to repay the loan be sentenced for the crime of refusing to enforce a court judgment?
For refusal to repay loans, a sentence of up to three years imprisonment, short-term detention or a fine may be given to a people's court's judgment or ruling that has the ability to be enforced in accordance with article 313 of the Criminal Law [Crime of Refusing to Enforce a Judgment or Ruling], and the circumstances are serious.
In addition, the "Interpretation of the Standing Committee of the National People's Congress on Article 313 of the Criminal Law of the People's Republic of China" clearly stipulates that the meaning of refusal to enforce a judgment or ruling of a people's court that has the ability to enforce it, and the circumstances are serious, is explained as follows:
"Judgments and rulings of people's courts" as provided for in article 313 of the Criminal Law refers to judgments or rulings made by people's courts in accordance with law that have enforcement content and have already taken legal effect. Rulings made by the people's courts for the lawful enforcement of payment orders, effective mediation documents, arbitral awards, notarized creditor's rights documents, etc., are rulings provided for in this article.
The following circumstances are the circumstances of "refusal to enforce the ability to do so as provided for in article 313 of the Criminal Law, and the circumstances are serious":
1) The person subject to enforcement conceals, transfers, or intentionally destroys property, or transfers property without compensation, or transfers property at an obviously unreasonable low price, making it impossible to enforce the judgment or ruling;
2) The guarantor or the person subject to enforcement conceals, transfers, intentionally destroys, or transfers property for which security has been provided to the people's court, making it impossible to enforce the judgment or ruling;
3) After receiving a notice of assistance in enforcement, the person with the obligation to assist in enforcement refuses to assist in enforcement, making it impossible to enforce the judgment or ruling;
4) The person subject to enforcement, the guarantor, or the person with the obligation to assist in enforcement conspires with the staff of a state organ to use the authority of the staff of the state organ to obstruct enforcement, making it impossible to enforce a judgment or ruling;
5) Other situations where there is the ability to enforce but refusal to do so, and the circumstances are serious.
The act of maliciously owing money and not paying it back is obviously a serious violation of the law, which must cause serious civil contradictions and disputes, and the parties can handle it through judicial procedures to protect their rights, and if the handling of the relevant situation is not clear, they can consult a lawyer to define it legally, so as to avoid the wrong application of law.
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In order to collect and retain authentic evidence, such as arrears IOUs, repayment agreements, loan contracts, bank transfer receipts, etc., if the collection is invalid after repeated reminders, it is necessary to file a lawsuit with the court within three years of the statutory statute of limitations.
If the loan term has expired and the lender has not repaid the loan after being urged by the lender, the lender may file a lawsuit with the people's court in accordance with the law to protect its legitimate rights and interests. Lenders should pay attention to the statute of limitations when filing a lawsuit, and the statute of limitations period for requesting protection of civil rights from the people's court is three years. Evidence to be prepared to prosecute a debt includes:
1. Loan agreement or IOU;
2. If there is a guarantor in the loan relationship, the evidence of the guarantee;
3. Proof of delivery and receipt of money by both the borrower and the borrower;
4. Proof of the purpose of the debtor's borrowing;
5. Proof that the debtor should pay interest;
6. If there is an interest-free agreement, where the creditor requires the debtor to repay the overdue interest, or the irregular interest-free loan is not repaid after being reminded, and the creditor demands the repayment of the interest after the reminder, the evidence of the non-repayment or non-repayment after the reminder;
7. If the debtor's whereabouts are unknown, relevant evidence to prove the authenticity of the creditor's rights certificate and the repayment of debts;
8. Proof of payment and interest;
9. Other evidence.
2. What is the procedure for suing for debts?
There are mainly the following procedures for suing to recover debts:
1. Collect evidence of the other party's debts, the identity information of the other party (or the business registration information of the other party and the information of the organization certificate).
2. Submit a complaint to the court to file a case.
When filing a lawsuit, the complaint, evidence, and identity information of both parties should be submitted to the court (if it is a unit, the business registration information of the unit and the information of the organization should be provided). One original copy of the complaint and evidentiary materials must be provided, and corresponding copies shall be provided according to the number of defendants.
3. After the court files the case, the court shall pay the litigation fees according to the regulations.
4. The court will conduct a trial and conduct mediation or judgment.
5. If either party is dissatisfied with the judgment of the first instance, it may appeal, and the higher court shall hear and make a judgment.
5. If the other party fails to perform the effective legal documents, it may apply to the court for enforcement.
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