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Most of them did not prosecute because of the powerlessness of the law, and only the first major case was prosecuted, which was actually the appropriation of other people's property, which is the clearest, and our law has no way to do it. Borrowing money to repay money cannot be maintained by the basic and basic foundation of the law. Take this example like this!
A friend borrowed 50,000 principal from me, plus interest, and an IOU. When it expired, he sued him if he didn't pay it back. He said in court that the IOU was written when he had been deceived, and that the date of the IOU was different and that it was fake.
He asked the court to date the IOU, but the court asked him to produce a sample of what he believed to be the date and to pay the money. It's been a month, and he doesn't pay the samples and money. What to do?
What if he has no property after winning the lawsuit? Is there a sentence for having no property? According to the law of our country, it should be dealt with in this wayFirst of all, your friend bears the burden of proof, and it is a good thing for you that he does not submit the sample, and the court can directly presume that your IOU is valid and use it as the basis for the verdict.
Second, after winning the case, it is difficult to enforce if there is no property. However, the court will generally conduct a certain investigation into the property situation and may find the property, not necessarily the real propertyless. Thirdly, there is no such thing as a sentence for lack of property.
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According to China's Contract Law and other relevant laws and regulations, the creditor's rights and debts relationship formed between individuals is protected by law. If you are unable to repay your debts due to your own reasons, the other party can sue the people's court to demand that you repay. If you still haven't paid off after winning the case and the deadline for repayment has passed, the other party can apply to the court to enforce it.
However, if you don't have any funds and no property to enforce, the court may not be able to enforce the law and will have to wait until you have the money. If you do not repay the money you owe because you objectively have no money, and there is no act of transferring property to evade debts, then it is only a civil dispute and does not involve related criminal issues.
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If the IOU does not indicate a specific repayment date, you can ask him to repay the loan at any time, and if he does not pay it back, you can always go to court to sue him to repay the money; You can also give him a reasonable time to repay the loan first, and then sue him if he doesn't repay it when it is due. If he has bank deposits or property, the court will rule that he can apply to the court for enforcement if he still does not pay it back.
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If you don't sue, the law won't deal with it. If it takes a long time, you can't win the lawsuit, that is, you won't come back.
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If you have an IOU, you can go to court and sue him.
So when you don't pay back the money borrowed from WeChat, what evidence do you need to get the money back? Chat records, transfer records, and proof of identity information are usually required to prove the loan relationship between the two parties. If the other party's WeChat name is just a screen name, and you can't prove that it's him/herself, it's hard to get the money back!
Take the right path.
Because it is a friend who borrows money, we should be generous when we ask for money, because our money is borrowed in advance, so we should be bold enough to ask for it back, instead of being embarrassed, or thinking of some crooked ways, but let things worse. >>>More
If you need to borrow money, where can you borrow it? In fact, there are some ways to solve the problem. The first is to borrow money from relatives and friends; The second is through a bank loan, but the application process is more complicated and the application time is longer. >>>More
If there is very little money, and there is no written note when borrowing money, then forget it, this is also to see his personality clearly, and it is impossible to borrow money in the future, if there is a lot of money, then you must come back, whether it is to go through the judicial process, or to ask for it. Don't care about the face between friends, if he maliciously doesn't pay it back, then he is not worthy of being your friend.
If there is no repayment date, generally speaking, the repayment will be made within a reasonable period of time after the lender requests repayment, and you may need to consult the court or legal aid center for the specific period of repayment. If you want to sue, write a complaint, you are afraid that you will not write well, you can find a law firm to help you write, this fee is very low, the complaint seems to be an original, three copies or two copies, after writing, you can find a few more copies of the evidence to prove this matter, together with the complaint to the court filing division, and then pay the litigation fee according to the subject amount according to the regulations, that is, how many percent of 15,000 yuan, I don't know much. >>>More