What to do if you don t pay back your debts, and how to deal with them if you don t pay them back

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.

As for the time limit for the trial, you can say that the time limit for the trial of a civil lawsuit is 6 months for the ordinary procedure, if there is no reason for extension or suspension.

There is also an easy way to apply to the court for a payment order, but it seems that you say that you can no longer find this person, so it will not work, the payment order is simple and convenient, and the cost is low, but it can only be done in the case of the person.

You can find a special collection company, they will charge according to the recovery of 5-50 money, you don't have to worry about anything else, they will come out to take it from him, but you are only 5,000 yuan, they should not take it. If you sue, it must be troublesome, and the amount is not too small and will not be re-revealed, so it is said that even if it is recovered, it is not enough to pay the attorney's fees and litigation fees, there is no need for this, only to urge him to pay it back, but if it is not good, he can only admit it, and deal with bad debts.

How do you sue without an IOU!? It's OK if you have an IOU

Ask her if she wants it! Don't be embarrassed, it's only right to pay back debts.

How to deal with the macro disadvantage of not repaying the debt:Apply to the court for reinstatement and 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 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.

Take the legal route. If the other party owes you a huge amount of money, then we can undoubtedly use the law to protect our property rights, which is also the most effective solution to borrow money and not pay it back.

Directly ask the other party to pay back. In fact, many people borrow money and do not pay it back, in addition to their own personal integrity and moral problems, the most important point is that he sees that you may not directly ask him to pay back because of his feelings. And for this kind of person, it is the most effective way to ask him to pay back the money, at this time, you should not take too much care of the so-called affection, because the money is earned by your hard work, and lending it to others is already a great affection, so it is natural to repay the money.

A tactful way to ask for debts. Of course, there is also a possibility that the other party forgot to borrow money from you, so when you want to pay back the money, you can remind him tactfully, if he remembers, as a person with integrity, he will definitely pay you back, if he deliberately does not understand your reminder, then please use the second method directly.

Borrow money from a different position. You also borrow money from him, and remember, borrow the same amount from him, so that he is somewhat touched by the fact that he has borrowed money from you, and secondly, when you borrow money from him, you can pretend to be enlightened and tell him when he has borrowed your money, and the two have been settled.

Show him the proof. More than half of the people who borrow money and do not repay it will not admit it, so we need to take the IOU written by him at that time, or call the certifier who was there when he borrowed the money, so that he has no reason to repay the debt.

In addition, I would like to remind everyone that when borrowing money, we must pay attention to who you are borrowing money from, first of all, whether there is any problem with his integrity and personal moral character, which should be taken into account when you borrow money, and when borrowing money, you must have an IOU written by the other party and fingerprints, or there is a third person present and other relevant proof.

Legal analysis: If the creditor repeatedly demands that it is enough to fail to perform the debt, it can file a lawsuit with the court.

Legal basis: Article 118 of the Civil Code of the People's Republic of China: Civil subjects enjoy creditor's rights in accordance with law.

If someone else borrows money but doesn't pay it back, sends a reminder to the other party, or negotiates with the other party, you can prepare the relevant evidence and file a lawsuit with the court. If the other party still refuses to repay the money after the judgment, it can apply for enforcement. If the other party has the ability to enforce the judgment but refuses to do so, it is suspected of committing a crime and should bear criminal responsibility.

The lawsuit must meet the following conditions: 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 clear 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 where the lawsuit is filed. Legal basis: Article 119 of the Civil Procedure Law stipulates that a lawsuit must meet the following conditions:

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.

If the negotiation is not successful, the other party can apply to the court for enforcement if the other party does not repay the money after the court judgment.

[Legal basis].Article 119 of the Civil Procedure Law: A lawsuit must meet the following conditions: (1) the plaintiff is a citizen, legal person or other organization with 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 252:Where the person subject to enforcement fails to perform the acts specified in judgments, rulings, or other legal documents in accordance with the enforcement notice, the people's court may enforce the enforcement or entrust the relevant unit or other person to complete it, and the costs shall be borne by the person subject to enforcement.

It can be resolved through negotiation with the debtor, or by means of administrative mediation, arbitration and litigation. Article 64 of the Civil Procedure Law: The parties have the responsibility to provide evidence for their own claims.

Brief introduction.

Paragraph 1 of Article 188 of the Civil Code (effective as of January 1, 2021) The statute of limitations for filing a request to the people's court for protection of civil rights is three years. Where the law provides otherwise, follow those provisions.

Article 192:Where the statute of limitations for litigation is complete, the obligor may raise a defense of non-performance of obligations.

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.

For this kind of person who owes money and does not pay it back, you can first find him to negotiate privately, if the negotiation cannot be resolved, you can sue directly, you can ask the IOU to see if you can help, if the negotiation cannot be resolved, you can go directly to the legal process, use laws and regulations, so that he can return the money to you.

What should I do if I can't afford to pay back the money?

1. First of all, you must let the other party know that the money will be repaid, the voucher must be kept complete, no matter what the relationship between the other party and us, you should write an IOU, if the amount is large, the two parties will sign a loan contract, agree on the loan amount repayment period, interest calculation and default consequences. to give the other person a sense of trust and show that they are not not paying back.

2. If the repayment deadline has come and you have no money to repay, this is to negotiate with the borrower to see if you can delay for a while, and give the guarantee on the note or the text message can be, and if you have money at the interval, you must pay it back to the other party.

3. Negotiate with the other party, if the amount is large and cannot be paid off at one time, it is necessary to communicate with the other party, both parties should value harmony, and can pay off the debts owed through some installment repayment methods, so as to avoid the other party suing themselves in the court, so as not to cause some unnecessary troubles in life.

Evidence that needs to be submitted for private lending disputes

1) Loan agreement or IOU;

2) If there is a guarantor in the loan relationship, evidence of the guarantee;

3) Proof of delivery and receipt of money by both borrowers and borrowers;

(4) Proof of the purpose of the debtor's borrowing;

5) Proof that the debtor should pay interest;

6) If the creditor requires the debtor to repay the overdue interest, or the unscheduled interest-free loan is not repaid after being recalled, and the creditor requests the repayment of the interest after the reminder, there shall be evidence that it is not repaid when due or after being reminded;

7) If the debtor's whereabouts are unknown, there shall be relevant evidence to prove the authenticity of the creditor's rights certificate and the repayment of debts;

8) Proof of payment and interest.

In general, the following materials should be submitted when filing a lawsuit:

1) An original copy of the complaint, with copies according to the number of defendants;

2) Proof of the qualifications of the parties (including plaintiffs, defendants, third parties, etc.);

3) Evidence of the Court's jurisdiction;

4) Other evidence.

If you can't repay the money temporarily due to economic reasons, you need to let the other party know that the money will be repaid, and give a guarantee on the note or a text message, and if you have money at the interval, you must pay it back to the other party. If you have any other related questions, please feel free to consult for a free legal consultation.