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Do you think that's still a friend?! This time the cheeky man wants to come back, so just ignore him in the future, and borrow it again, sorry, no.
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It's best not to think about paying it back if you borrow money from a friend
Or just borrow half
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I despise him with you and go and smash his house.
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Teach you a trick, once the teacher in the psychology class taught us: put a 50 on the table, and when you went in, you said to a friend: Is this what you gave me back?
If he says no, I want to remind you that the effect has been achieved, and if he says yes, then, congratulations, it only took you 50 to see the true face of a person, and it's worth it.
But I don't think it's necessary to be so clear between friends, who doesn't have a special situation, to understand.
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Since you're friends, don't be so careful.
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Don't fall out, just don't lend it to him next time.
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50 yuan to see a person, how much it is worth. Children, this little thing still has the value of discussion, your life is still in kindergarten.
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My friend has been borrowing for half a year, three hundred yuan, although it is not much, but it is very annoying, she still lives with her family, and it is necessary to borrow money? I don't pay it back.
One day I was in a hurry. Just go straight to the door and ask for it.
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You can see that you are very sincere with your friends. It's a pity that a bright moon shines on the ditch. Eat a trench and grow wise, and in the future, you must beware of this kind of unrighteous person!
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There are different attitudes towards people who don't pay their debts, some may forgive them, while others will seriously consider how to get them to pay off their debts.
First of all, when a person owes money and does not pay it back, his friends may forgive him because they are aware of his predicament, or know that he has tried his best to pay the arrears, but he is unable to repay them due to some external reasons.
Second, when a person owes money and does not pay it, his friends may say harsh things to him. They will criticize him for his lack of integrity, disrespect for him, and improper access to wealth, and advise him to repay his debts as soon as possible and handle his finances responsibly. Such a conversation may be a shame for the person in arrears, but it may make them more conscious of paying what they owe.
Third, friends may have a way to remind the person in arrears, and they may re-contact the person in arrears through **, WeChat, social **, etc., and remind them to repay the loan as soon as possible to avoid more losses. They may threaten public questioning or tougher action to warn those who owe money so that they can eventually pay it off.
Finally, a friend may help this person who owes money. If they can't repay it directly, they can provide various forms of help, such as providing funds and assisting in resolving the arrears, so that the debtor can get a more effective solution when necessary.
In general, everyone does not have a uniform attitude towards people who owe money and do not pay it back, depending on the special situation of the person who owes money, friends will take different ways to deal with it according to the specific situation to help them pay off the arrears as soon as possible.
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Here's how. 1.The parties may negotiate with the other party first; 2.If mediation fails, or if you are unwilling to negotiate and deliberately owe money and do not pay it back, the best way is to act in accordance with the law.
You can negotiate first; If the association is fruitless, it can ask the other party to return it through litigation. In the case of litigation, it is necessary to pay attention to: Otherwise, there is an IOU, whether there is an agreed repayment period on the IOU, what is the transfer method, and whether there is a bank statement of transfer records.
If you don't have the ID card information, you can entrust a lawyer to retrieve it (if you have your mobile phone number). However, you also have to consider whether it is necessary, because the lawyer may also charge 2 3 thousand for obtaining the ID card information.
When a friend refuses to repay the money, you can tell the other party to borrow money to deal with the emergency, and the amount borrowed can be about the same as the amount you lend out is naturally the best.
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There are many ways to recover arrears, such as negotiating with the other party and asking for payment, and negotiation is a good way. If the negotiation fails, you can appoint a lawyer to send a lawyer's letter to the other party. The lawyer's letter can play the role of reminder and warning to the debtor, urging the other party to repay the loan in time, and to accept or frankly bear the liability for breach of contract, etc., which is much more convenient than the judicial channel, but the lawyer's letter is not mandatory, and if the other party refuses to return it, it is still necessary to file a lawsuit in the end.
1. How to deal with it through civil litigation.
It can be handled through civil litigation, and the recommended approach is as follows:
1. Collect evidence of borrowed money:
If you borrow a large amount, you will need to show proof of transfer or a receipt for cash withdrawal.
2.Gather evidence for asserting claims;
Collect evidence that you have asked for money from the other party, mainly to prevent the claim from passing the two-year statute of limitations. It may be that the other party proves in writing or in the form of audio or video recordings that it has asked the other party for money.
3.Collect information about the other party's property:
Collect information about the other party's property in order to get your money back. If you want to get your money back, you have to investigate the other party's account, house, car, etc. If you are unclear about your own investigation, you can choose to appoint a lawyer.
Litigation to solve the problem:
1.Litigation Property Preservation:
It is to seal up the other party's account, car, house and other property to prevent the other party from transferring property.
2.Prosecution: court filing, hearing, and judgment. The first instance of the court is 6 months. The second instance is three months.
3.Enforcement: After the judgment is handed down, it should be enforced with the court within 2 years after the judgment takes effect. The court will inspect the property of the other party for enforcement, and if it refuses to execute, the bailiff will detain the other party once a year for 15 days at a time.
4.Mediation: Generally, the court will mediate between the parties.
The other party borrowed a small amount of money, but did not return it on time as agreed, for such a situation, I believe many people are helpless. After all, if Xindong files a lawsuit with the court, because the amount is small, and he may need to retain a lawyer, the cost of litigation will be much higher in comparison. However, in civil cases, it is not mandatory for the law to have a lawyer.
Therefore, the parties can file a lawsuit on their own to recover the debt from the other party. It is only necessary to pay the legal fee in advance at the time of filing a lawsuit, and the final cost is often borne by the losing party.
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Legal analysis: If a friend owes money and does not pay it back, the creditor can make a reminder. If the loan is not returned within the agreed time limit, the overdue interest shall be paid in accordance with the agreement or the relevant provisions of the state.
Legal basis: Civil Code of the People's Republic of China
Article 675:The borrower shall return the loan within the agreed time limit. Where there is no agreement on the period for delaying the registration of the loan, or the agreement is not clear, and it is still uncertain in accordance with the provisions of Article 510 of this Law, the borrower may return it at any time; The lender may urge the borrower to return the loan within the time limit for the repayment of the loan.
Article 676: If the borrower fails to return to Tongdanhui to repay the loan within the agreed time limit, the borrower shall pay overdue interest in accordance with the agreement or the relevant provisions of the State.
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Of course, the best way to deal with this is to negotiate with each other. If the debtor does not cooperate with the handling, he can directly go to the court to file a lawsuit; The debtor's information (name, gender, place of work, address, etc., name and address of legal person or other organization, etc.) is verified before filing a lawsuit. If a lawsuit is filed with the court based on the facts and reasons, after the court accepts it, a summons will be issued to the debtor, and the court will give priority to mediation during the lawsuit;
If one party does not accept mediation, or if mediation fails, it must be heard, and if the lawsuit is won, the court will decide in accordance with the law on how long the debtor will return the money to the designated account.
1. What should I do if the debtor is missing and cannot be contacted?
The most annoying thing for creditors is that the debtor is missing, and they can't be contacted, and they can't negotiate a solution, and it is relatively troublesome to sue, and they may not be able to get back the arrears after spending money to win the lawsuit. There are still a lot of encounters with this situation. What should you do if you encounter such a situation?
1. Property preservation: If there are assets such as houses and cars in the name of the debtor, you can first file a lawsuit with the court for property preservation, and seal the debtor's property first, so as to prepare for the future enforcement stage, or you can force the debtor to show up in this way.
Since the debtor's whereabouts are unknown, the court generally summons the debtor to respond to the lawsuit in the form of public notice after the case is filed. At the expiration of the notice period, if the debtor does not file a lawsuit, the court will make a default judgment in the case where the relationship between the borrower and the borrower is clear after trial.
After a default judgment, although the debtor's whereabouts are unknown, the court may, upon the application of the creditor, take the method of auctioning the debtor's house or property to pay off the creditor's debt.
3. Apply to the court for a declaration that the debtor is missing: if the debtor's whereabouts have been unknown for two years, the creditor may apply to the court to declare him a missing person. Taxes, debts and other expenses due to the missing person shall be paid by the custodian from the property of the disappeared person.
If the custodian of the missing person's property refuses to pay the loss, the creditor initiates a lawsuit, and the court shall list the custodian as the defendant.
4. Find out who is responsible for joint or joint repayment of debts.
1) Debts owed in the name of one of the spouses during the marriage shall be repaid jointly by the husband and wife if it can be proved that the loan was used for family expenses or to improve family life. That is, the debtor's spouse can be requested to pay off the debt.
2) If the debtor does not have executable property, the creditor can hold the guarantor liable.
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Legal Analysis:
If a friend owes money and does not repay it, if the other party has already lent out the money and the other party does not repay the money when it is due, you can negotiate with the friend first, and if the negotiation cannot reach an agreement, you can bring relevant evidence to the people's court to file a lawsuit. The process of suing for non-payment of money owed is as follows: 1. The parties submit the complaint to the people's court in accordance with the law, and submit copies according to the number of defendants; 2. Provide IOUs, receipts, IOUs and other proof of creditor's rights; 3. After the people's court accepts the case in accordance with law, the parties shall pay the litigation fees in a timely manner.
The evidence that needs to be prepared for the prosecution if the other party owes money and does not repay it is as follows: 1. Evidence to prove the identity of the other party. 2. Evidence to prove the existence of the loan relationship, including loan contracts, IOUs, IOUs and other evidence. 3. Evidence to prove the facts of one's claim.
After the trial, if the court wins the case and the other party fails to perform within the performance period stipulated in the judgment, the court may apply for compulsory enforcement.
Legal basis: Civil Procedure Law of the People's Republic of China
Article 122:The following requirements must be met for prosecution:
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.
Article 123:The indictment shall be submitted to the people's court, and copies shall be submitted in accordance with the number of defendants.
Where it is truly difficult to write a complaint, the complaint may be filed orally, and the people's court will record it in the record and inform the opposing party.
Derivative question: Won't you go to jail if you owe money?
Those who owe money and do not pay it back generally do not go to jail. The non-repayment of the money owed is a civil dispute, and after the expiration of the agreed repayment period, the creditor may file a civil lawsuit with the court if the claim is fruitless. If the court makes a judgment to repay the money, and the creditor still fails to repay the money within the performance period specified in the judgment, the creditor may also apply for compulsory enforcement.
However, if there is a refusal to enforce a judgment or ruling of a people's court that has the ability to do so, and the circumstances are serious, it will constitute the crime of refusing to enforce the judgment or ruling.
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The creditor may file a lawsuit with the people's court with the IOU and the debtor's ID card or home address information. If the other party refuses to appear in court, the judgment may be pronounced in absentia, and after the judgment takes effect, the property in their name may be enforced, or they may be entered into the list of untrustworthy persons.
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Salute first, then soldier. Ask for it first, and sue if you don't give it.
I'm in a similar situation to you right now, last year an old colleague said that he was waiting for the money to pay the down payment of the house, so I lent her some money, and said that he would pay me back next month. What now? It's been more than a year and a half and there is still no information. >>>More
Hello, regarding the problem of not paying back the money owed to the police, in judicial practice, the police will generally treat this as a civil dispute and let you go to the court to sue for resolution. >>>More
The other party owes money can be divided into the following two channels, help each other privately, negotiate with him first to understand what the situation is, and collect relevant evidence to prosecute. There will be a set of borrowing processes with companies or banks, as long as you follow the process.
It's a matter of course to repay debts, and as for whether you want to repay your good friends, it depends on how friendly you are! If you don't care about the money, then your friend didn't pay it back, and I'm sure it's okay! Of course, your relationship with this friend is just average, and you need this money too, so let this friend pay it back!
Find evidence of the loan and coordinate with the debtor to ask for it.