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If the debtor does not cooperate with the deal, he can file a lawsuit with the court in accordance with the law and demand that the other party pay the arrears. If the other party still fails to perform and pay the arrears in accordance with the effective legal documents after the court judgment or mediation, it may apply to the court for compulsory enforcement.
Before asserting rights, the most important task should be to collect evidence that can prove the other party's arrears, and if you feel that you lack relevant legal knowledge and experience, you should entrust a lawyer to deal with it in time.
Article 90 of the General Principles of the Civil Law stipulates that a lawful lending relationship shall be protected by law. Article 84 stipulates that the debt is in accordance with the contract.
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Remind him to pay back the money, if he does not return it, he will hand it over to the relevant departments for processing.
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Hurry up and return it to your friend, and your friend will help you next time.
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Since he asked you for money, he must need to use the money, after all, you borrowed him for so long and only repaid 5000, and there is no interest or anything to borrow money between friends, your friend is actually quite interesting, everyone has difficulties, but it is not difficult to borrow and borrow again, you had better talk to him to see if he can help you forgive a few days, if he is really in a hurry to use the money, you had better find a way to make up the money to him, after all, it is other people's money, if you really find your home, then your face is not good-looking. It will not be good to have a relationship with each other, after all, it is other people's money, you should be polite when you speak, you can't say that you don't have money and don't pay it back, after all, there are always more ways than problems, think about it and see what else can be done.
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If the other party does not deny it, but only blindly delays the repayment under various excuses, then it can sign a repayment agreement with the other party, in which it is necessary to pay attention to the specific method and time limit of repayment, and can also agree with the other party that if it fails to perform when due, it can apply to the court to enforce the debtor's property. This type of deferred payment agreement must be notarized by a notary public in advance. If there is such a repayment agreement, then once it expires, the creditor can directly ask the court to enforce it according to the terms of the agreement.
The advantage of this is that it can save a lot of cumbersome litigation procedures, saving time and money on debt collection.
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If you are sued for borrowing money and not repaying it, you can take the following measures: 1. If you are temporarily unable to repay, you can directly negotiate with the plaintiff and strive to negotiate with the creditor to repay the loan in installments, postpone repayment or reduce debts. 2. If the negotiation fails, after being sued, you should actively respond to the lawsuit, strive to achieve the goal of installment repayment in court, and actively perform after the judgment takes effect.
Legal basis: Article 142 of the Civil Procedure Law of the People's Republic of China: At the conclusion of courtroom debate, a judgment shall be made in accordance with law. Where mediation is possible before the judgment is made, mediation may also be conducted, and where mediation fails, a judgment shall be made in a timely manner.
Article 143 of the Civil Procedure Law of the People's Republic of China: Where a plaintiff is summoned by summons and refuses to appear in court without a legitimate reason, or leaves court without the court's permission, it may be handled as a withdrawal of the lawsuit; Where the defendant counterclaims, a judgment may be rendered in absentia.
Article 144 of the Civil Procedure Law of the People's Republic of China: Where the defendant is summoned by summons and refuses to appear in court without a legitimate reason, or leaves court without the court's permission, a judgment may be rendered in absentia.
Article 145 of the Civil Procedure Law of the People's Republic of China: Where the plaintiff applies to withdraw the lawsuit before the judgment is announced, the people's court is to rule on whether or not to allow it. Where the people's court rules not to allow the withdrawal of the lawsuit, and the plaintiff is summoned by summons and refuses to appear in court without a legitimate reason, a judgment may be rendered in absentia.
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1. Negotiate and settle. If the other party has not repaid the borrowed money, you can first negotiate with the other party. If the two parties can reach an agreement, then the dispute will be resolved, which is the simplest and most time-saving and labor-saving way to resolve;
2. Conduct mediation. Mediation refers to mediating and persuading both parties under the main bridge of a third party, so as to promote mutual understanding and voluntary agreement between the two parties. According to the different subjects of mediation, mediation is divided into many types, such as people's mediation and administrative mediation.
3. Litigation resolution. If there is really no way, you can finally solve it by suing the court, you need to collect the evidence of the other party's loan, go directly to the court to sue, and ask the court to enforce it.
The litigation fees shall be paid in advance by the plaintiff at the time of filing the lawsuit, and the issue of bearing the litigation fees shall be determined according to the circumstances of the case after the conclusion of the case. If the defendant loses the lawsuit, the defendant shall bear all the legal costs; If both parties win, the costs are to be shared between the parties or to be determined by the court.
Article 67 of the Civil Procedure Law of the People's Republic of China provides that parties have the responsibility to provide evidence for their own claims.
The people's court shall investigate and collect evidence that the parties and their litigants are unable to collect on their own for objective reasons, or evidence that the people's court finds necessary for the trial of the case.
The people's courts shall follow legally-prescribed procedures to comprehensively and objectively review and verify evidence.
Article 68: Parties shall promptly provide evidence for their own claims.
How do I sue someone who owes money and doesn't pay it back?
If you don't pay back the money you owe, you must first collect evidence, such as IOUs, receipts, bank transfer records, etc. Then collect the property information of the other party, and the purpose of collecting the property information of the other party is to be able to enforce the property of the other party after the court wins the lawsuit. Finally, file a lawsuit in a court of competent jurisdiction.
According to Chinese law, the following conditions must be met for prosecution.
1) The plaintiff is a citizen, legal person or other organization that has a direct interest in the case.
ii) 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.
The above is about what to do if a friend owes more than 10,000 yuan and does not pay it back, you can learn more about it.
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The solution to the problem that my friend owes more than 10,000 and does not pay it back is as follows:
1. As long as there is evidence and it is in the statute of limitations, you can choose to sue;
2. IOUs, accounting vouchers, payment vouchers and other vouchers can be used and shall not be altered or copied. If the date of repayment is indicated, the statute of limitations shall be within two years from the date of expiration of the IOU;
3. If there is no repayment date, repayment can be requested at any time within three years from the date of first recovery;
4. If you owe money and do not pay it back, you can sue the state as much as you want, and it is recommended to sue the court as soon as possible to repay the loan, and once the two-year statute of limitations is exceeded, you will lose the right to win the lawsuit.
The criteria for filing a case for money owed include:
1. If you owe money and do not pay it back, you can sue as much as you want, it is recommended to sue the court as soon as possible to ask for repayment, once the two-year statute of limitations is exceeded, you will lose the right to win the lawsuit;
2. If it is confirmed that it is a loan relationship, if the other party fails to perform the court judgment during the performance period, it can apply to the court for compulsory enforcement;
3. When the court accepts the compulsory enforcement, it will inquire about the real estate, vehicles, ** and deposits in the name of the debtor in accordance with the 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 the credit report of the state or person, and will be restricted from high consumption and entry and exit, and may even be subject to judicial detention.
Legal basis]:
Article 671 of the Civil Code of the People's Republic of China.
If the lender fails to provide the loan on the agreed date and amount, causing losses to the borrower, it shall compensate for the losses.
If the borrower fails to collect the loan on the agreed date and amount, it shall pay interest on the agreed date and amount.
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1. The debt can be paid in installments with the consent of the creditor.
2. The creditor has the right to apply for compulsory enforcement. Article 236 of the Civil Procedure Law provides that the parties must perform on legally effective civil judgments and rulings. 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.
3. If it is an enterprise, it is necessary to apply for bankruptcy and carry out bankruptcy liquidation. Bankruptcy means that when all the assets of the debtor are not used to pay off the debts due, the creditor will compensate all the debtor's assets for equal compensation through a certain procedure, so that the debtor can be exempted from other debts that cannot be discharged, and the court will declare bankruptcy and dissolve.
So, what are the procedures and fees for suing for non-payment of wages?
1. Procedures for suing for non-payment of money owed:
1. Write a complaint.
2. Bring evidence and complaint to the court to file a case and pay the litigation fee.
3. After the court reviews and confirms, it will arrange to hear the civil case.
4. The court ruled that if the other party appealed, it would have to go through the second-instance procedure.
5. After the judgment takes effect, it may apply to the court executive board to enforce the judgment.
In general, it is best to apply to the court for property preservation at the same time as filing a lawsuit. Property preservation is to seal the other party's accounts, real estate, vehicles and other property to prevent the other party from transferring property.
2. Litigation costs:
In property cases, according to the amount or value of the litigation claim, the following proportions shall be paid cumulatively:
1.if it does not exceed 10,000 yuan, 50 yuan shall be paid for each piece;
2.The part exceeding 10,000 yuan to 100,000 yuan shall be paid according to the payment;
3.The part exceeding 100,000 yuan to 200,000 yuan shall be paid at 2%;
4.The part exceeding 200,000 yuan to 500,000 yuan shall be paid according to the payment;
5.The part exceeding 500,000 yuan to 1 million yuan shall be paid at 1%;
6.The part exceeding 1 million yuan to 2 million yuan shall be paid according to the payment;
7.The part exceeding 2 million yuan to 5 million yuan shall be paid according to the payment;
8.The part exceeding 5 million yuan to 10 million yuan shall be paid according to the payment;
9.The part exceeding 10 million yuan to 20 million yuan shall be paid according to the payment;
10.The part exceeding 20 million yuan shall be paid according to the payment.
Legal basis: According to Article 188 of the Civil Code [Ordinary Statute of Limitations, Maximum Period for Protection of Rights] The statute of limitations period for requesting Huaiqiao to the people's court to protect 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.
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