What should I do if someone owes me money and doesn t pay it back How to go through the legal proces

After borrowing, the other party owes money and does not repay the money, mainly including negotiation, mediation, application for payment order, litigation, etc. Among them, when a lender initiates a private lending lawsuit with the 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 creditor's rights vouchers such as IOUs, receipts, and IOUs held by the 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.

1. If the money is lent to others and the other party does not repay, the party concerned can ask for the loan back in the following ways:

1. The creditor and the debtor settle the debt through negotiation, remind the other party to repay the debt as soon as possible, and may also agree or conclude a new deferred repayment contract;

2. The two parties can mediate through arbitration, and the parties need to enter into an arbitration agreement;

3. 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 repaid by way of litigation, the parties need to prepare relevant evidence in advance, mainly including: IOU, audio 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.

Article 63 of the Civil Procedure Law of the People's Republic of China.

Evidence includes: (1) statements by the parties; (2) documentary evidence; (3) Physical evidence; (4) audio-visual materials; (5) Electronic data; (6) Witness testimony; (7) Appraisal opinions; (8) Inquest records. Evidence must be verified to be true before it can be used as a basis for determining facts.

Article 242 of the Civil Procedure Law of the People's Republic of China.

If the person subject to enforcement fails to perform the obligations set forth in the legal document 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, shares, 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.

If someone owes you money and doesn't pay it back, you can deal with it according to the legal procedures below

First things first:The statement of claim is filed first, and the corresponding number of copies are submitted according to the number of opposing parties. If the parties are citizens, the names, genders, ages, places of origin, and addresses of both parties shall be indicated; If the party is a unit, the name and address of the unit, and the name of the legal representative or responsible person shall be clearly indicated.

The body of the indictment shall clearly state the matters requested, the facts and reasons for the indictment, and the end must be signed or affixed with an official seal.

According to"Whoever asserts is the one who gives evidence"In principle, the plaintiff shall submit the following materials to the court

1. Materials on the plaintiff's subject qualifications. Such as the original and photocopy of resident ID card, household registration booklet, passport, home return permit for Hong Kong and Macao compatriots, marriage certificate and other evidence; If the enterprise unit is the plaintiff, it shall submit copies of the business license, business registration certificate and other materials.

2. Evidence to prove the plaintiff's claim. Such as contracts, agreements, creditor's rights documents (IOUs, IOUs, etc.), receipts and delivery vouchers, correspondence, etc.

And thenWhen submitting documentary evidence to the court, the parties shall fill in a list of evidence in duplicate, listing in detail the name and number of pages of the evidence submitted. After the evidence has been verified by the court's undertaker, the undertaker is to sign and seal the evidence list, and one copy is to be handed over to the parties and one is to be recorded.

Within 7 days after the parties have completed the necessary formalities and submitted all relevant evidentiary materials, the case filing division shall handle the case filing formalities if the requirements for case filing are met; Where the requirements for filing a case are not met, a ruling is made in accordance with law not to accept it.

If the borrower owes money and does not repay, it is recommended to communicate first and ask for timely repayment, and the creditor can take the following measures when the borrower still does not repay the money:

1. Negotiate with his relatives, friends or family members to help repay the money;

2. Negotiate with other properties of equivalent value to settle or provide corresponding guarantees;

3. Send a demand letter or lawyer's letter to the debtor;

4. Require the debtor to make a repayment plan or sign a repayment agreement;

6. Take legal measures as soon as possible, such as filing a lawsuit, applying for arbitration, applying for a payment order, etc., and you can also apply for property preservation while suing.

1. Where measures are taken to file a lawsuit, apply for arbitration, or apply for a payment order, and if there is an agreement to apply to the court or arbitration commission, the application shall be filed as agreed; If there is no agreement to apply to the court or arbitration commission, it shall generally be filed with the court or arbitration commission where the debtor is domiciled;

2. The statute of limitations for filing a lawsuit is 3 years, and if the statute of limitations is exceeded, it is recommended to communicate with the borrower first to re-establish the creditor's rights relationship;

3. To apply for property preservation, property information needs to be provided, and if there is no property information, a lawyer can be entrusted to inquire with the corresponding authority, and if the application is for pre-litigation property preservation, a guarantee must also be provided.

4. If the foreigner owes money, he may be restricted from leaving the country during the litigation or enforcement process, and request the Chinese court to apply to the court where the foreigner is located for recognition of extraterritorial effect and judicial assistance.

If you do not repay the money you owe, you can file a lawsuit, arbitrate or send a lawyer's letter to deter the other party.

If the other party insists on not paying it back, you can directly apply for enforcement, and the court will seize the property in his name and return it to you.

Arbitration is highly effective, highly private, and mainly based on the intention of creditors.

Some people have a thief's heart but not a thief's courage, and to deal with this kind of person, you can directly send a lawyer's letter, and the other party will obediently repay the money.

How to deal with the money that others owe and don't pay it back:

When the party asks the other party to repay the money, they can remind the other party euphemistically; It is also possible to borrow money from the other party and borrow the same amount from the other party to pay off the debt; You can also go through the legal route, you can appeal through the court to get your money back.

Resolve issues through litigation.

The reason why many people are reluctant to go to court is because they feel that it is "dishonorable", and this perception should be changed, and litigation is a way to resolve disputes, and it is the last resort when other methods cannot be resolved. For example, if you don't pay back the money you owe, you can't pay it back no matter what, and you can only solve it by means of litigation.

If the money owed is a civil dispute, bring the IOU and supporting materials to the people's court to file a lawsuit, and the people's court will apply for justice.

Someone owes someone someone money to you, if there is an IOU, in this case, someone else owes you money, if there is an IOU, in this case you can take the legal route, but if there is no such way.

You can file a civil lawsuit with the district or county court where the other party's household registration is located to demand the money back.

If you win the lawsuit and the other party still doesn't pay back, you can apply to the local court to enforce it.

What should I do if someone owes me money and doesn't pay it back? Someone owes money and doesn't pay it back, and there is no contract? There is no IOU and there is no writing. IOU receipt, as long as you have it, you can take the IOU and the receipt to the court to sue him.

What should I do if someone owes me money and doesn't pay it back? I owe you money and have been asked for it many times. You can go to court to file a lawsuit.

You can find a lawyer for consultation, it will be easy to have evidence.

I'm not familiar with this, but I know that Huya can guess tiger food, and that can also be exchanged for money.

1. It is recommended to file a lawsuit with the court as soon as possible to request repayment, and the court has a guide desk and provides a sample complaint;

2. After winning the lawsuit, if the other party fails to perform the court judgment within the performance period, it can apply to the court for compulsory enforcement 3. After the court accepts the enforcement, it will inquire about the real estate, vehicles, ** and deposits in the debtor's name according to law;

4. In addition, if he has no property in his name that can be used for enforcement and he refuses to perform the effective judgment of the court, he will have negative information such as overdue repayment recorded in his personal credit report and will be restricted from high consumption and entry and exit, and may even be subject to judicial detention 5. If he has the ability to refuse to enforce the judgment or ruling, he is suspected of the crime of refusing to enforce the judgment or ruling6. Article 313 of the Criminal Law [Crime of refusing to enforce a judgment or ruling] Refusal to enforce a judgment or ruling of a people's court if he has the ability to enforce it, and the circumstances are serious, A sentence of up to three years imprisonment, short-term detention or a fine is to be given.

Now that the times have changed, those who owe money have become uncles, and those who borrow money often have to beg the other party to pay back the money in a low voice. Faced with this situation, if there is evidence, you can directly go to the people's court to file a lawsuit. If the conditions for filing a case are met, the court will file the case for trial and issue a summons to the other party.

The next step is mediation, trial, and judgment, and if the other party still does not return the judgment after the judgment, enforcement measures will be taken. The most important thing at this time is the evidence.

If someone owes you money and doesn't pay it back, you should call the police directly, and if the money is particularly large, you can also appeal directly, keep the evidence, and appeal to the court.

1. When the party asks the other party to repay the money, you can euphemistically remind the other party that it is time to repay the money.

2. The parties can choose to borrow money from the other party and borrow the same amount from the other party to offset the debt.

3. The parties can take legal routes. If the parties have evidence of the other party's arrears, they may collect evidence such as IOUs and IOUs of the other party's arrears, and write a complaint to file a lawsuit with the relevant court. If there is no evidence of the other party's arrears, you can call ** or ask the other party to ask, when the arrears will be repaid, the other party will generally answer, and the parties can use their mobile phones to record as evidence.

You can come to the door and ask him, and you can also file a lawsuit with the court, find a relevant lawyer for consultation, and then ask for your money back with the help of the law.

Go directly to the door to see what he says, if you want to sue him, you can find a lawyer to come forward instead of you, and he will operate everything.

According to the relevant laws of China, for private lending disputes, you can file a civil lawsuit with the court and submit a complaint to protect your legitimate rights and interests. Request the court to order the debtor to repay the debt and interest, file a lawsuit as soon as possible, apply for property preservation as soon as possible, and freeze the debtor's account.

1. Can the debtor freeze the debtor's account?

Creditors generally cannot freeze the debtor's account, but if the debtor fails to repay the debts in time and the creditor files a lawsuit with the people's court, and the debtor still refuses to perform its obligations according to the effective legal judgment, the creditor may apply to the court for compulsory enforcement, and the people's court may freeze the debtor's property.

2. Will suing private lending freeze bank cards?

Private lending lawsuits may freeze bank cards. Because of a private lending dispute, the plaintiff will usually apply to the court for property preservation at the same time, requesting a ruling to seize and freeze the property in the defendant's name, including movable and immovable property, bank deposits and valuable assets. The court will take corresponding sealing and preservation measures based on the plaintiff's application.

3. What should I do if I don't write the IOU when it expires?

1. The creditor and the debtor settle the debt through negotiation, remind the other party to repay the debt as soon as possible, and may also agree or conclude a new deferred repayment contract;

2. The two parties can conduct mediation or arbitration through arbitration, which requires both parties to enter into an arbitration agreement;

3. 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 have the right to file a lawsuit with the people's court.

Civil Code of the People's Republic of China

Article 188:The statute of limitations for requests to the people's courts 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.

Civil Procedure Law of the People's Republic of China

Article 101.

If the interested party does not immediately apply for preservation due to the urgency of the situation, its lawful rights and interests will be irreparably harmed, it may apply to the people's court with jurisdiction over the case to take preservation measures at the place where the property to be preserved, the domicile of the respondent, or the people's court with jurisdiction over the case is filed before initiating a lawsuit or applying for arbitration. The applicant shall provide a guarantee, and if the applicant does not provide a guarantee, a ruling shall be made to reject the application. After the people's court accepts the application, it must make a ruling within 48 hours; Where a ruling is made to employ preservation measures, enforcement shall begin immediately.

Where the applicant does not initiate litigation or apply for arbitration in accordance with law within 30 days after the people's court adopts the preservation measures, the people's court shall lift the preservation.

Article 120.

A complaint 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.