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Hello: The best solution to this situation is to call the police. Before calling the police, it is recommended to prepare the following materials:
1.In the process of borrowing money or cheating money from you, your friends must have left a lot of evidence, such as contacting you through QQ, **, text messages, etc., and these contact contents are one of the evidences.
2.In addition, in the process of your friend deceiving you, whether other people know, if so, find him as a witness, and jointly describe the process of you being deceived when calling the police, the credibility will be high, and it can also be used as evidence if you prosecute.
3.The most important point is how your money was scammed, whether it was through a bank transfer or directly to him in cash, if it was a bank transfer, then you can go to the bank to check the transfer record (if you have a remittance voucher then it is better); If the cash is given, whether there is anyone else who can prove it, and if so, find someone to testify.
4.With the above basic materials, organize your materials and ideas, you can go to the police, and you must protect your legitimate rights and interests through the law.
Hope satisfied and.
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forced him to write an IOU, and I also had a friend who was deceived and didn't pay back 8000.
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Everything is based on evidence, and if there is no proof, the judge will not be able to do anything about him.
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If you are careless in making friends, this friend of yours has a very poor character, and it is estimated that it is not good.
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No good way, no evidence.
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It is enough to use force directly against such people.
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If the negotiation fails, you can collect relevant evidence and file a lawsuit with the people's court to request the people's court to rule that the IOU is invalid, but there must be enough evidence to prove that the IOU was signed on the basis of being deceived.
Of course, if the IOU is signed on the basis of coercion, the coerced party may report the case to the public security organ, and the public security organ will file a case to ascertain the facts, but if the public security organ ascertains that the coercing party coerces others to issue an IOU or IOU by violence or threats for the purpose of illegally taking possession of others' property, it may constitute the crime of extortion or robbery, then the case shall be handled by the public security organ in accordance with the criminal case handling procedures, and the trial of the civil case heard by the people's court will be suspended. On the basis of the judgment of the criminal case, the judgment of the civil case shall be made in response to the relevant instructions.
Legal basis: Criminal Law of the People's Republic of China Article 274: Where public or private property is extorted or the amount is relatively large or there are multiple extortions, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between three and ten years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment and a concurrent fine is to be given.
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Legal analysis: If the IOU is written by fraud, it is necessary to negotiate with the other party to resolve it first, if the negotiation fails, you can collect relevant evidence to file a lawsuit with the people's court, and request the people's court to rule that the IOU is invalid, but there must be enough evidence to prove that the IOU was signed on the basis of being defrauded.
Of course, if the IOU is signed on the basis of coercion, the coerced party may report the case to the public security organ, and the public security organ will file a case to ascertain the facts, and if the public security organ ascertains that the coercing party coerces others to issue an IOU or IOU by violence or threats for the purpose of illegally taking possession of other people's property, it may constitute the crime of extortion or robbery, then the case shall be handled by the public security organ in accordance with the criminal case handling procedures, and the trial of the civil case heard by the people's court will be suspended. On the basis of the judgment of the criminal case, the corresponding judgment is made in the civil case.
Legal basis: Criminal Law of the People's Republic of China Article 274: Where public or private property is extorted or the amount is relatively large or there are multiple extortions, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment and a concurrent fine is to be given.
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If you have been deceived into writing an IOU, you may request a people's court or arbitration institution to revoke it. According to the provisions of the Civil Code of the People's Republic of China, the actor has the right to request revocation of a civil juristic act carried out by the other party in a way that violates the true intention of the other party due to a major misunderstanding or fraud or coercion.
[Legal basis].Article 147 of the Civil Code of the People's Republic of China.
Where civil juristic acts are carried out on the basis of a major misunderstanding, the perpetrator has the right to request that the people's court or arbitration institution revoke the counterfeit acts.
Article 140 Friendship Dan Eight Articles.
Where one party uses fraudulent means to cause the other party to carry out a civil juristic act contrary to its true intentions, the defrauded party has the right to request the people's court or arbitration institution to revoke it.
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Legal analysis: If there is no IOU, it is okay to have other evidentiary materials that can prove the fact of the loan relationship, such as the bank's transaction records, the debtor's audio and video recordings admitting the fact of the loan, etc. If the other party owes money and does not pay it back, the creditor can sue without an IOU, but some indirect evidence is needed to assist, such as witnesses, chat records, transfer vouchers or ** recordings, etc., the more sufficient evidence, the greater the probability of winning the case, and the greater the possibility of getting the loan back.
Therefore, without an IOU, it does not mean that you will not be able to get back the loan. Collect evidence for prosecution and processing, and prepare the following materials: 1. The complaint, the complaint can be written by yourself or find a lawyer**; and prepare the number of copies of the complaint according to the number of opposing parties; 2. Prepare evidence, the original and a copy of your ID card, all the evidence and copies in your favor in the dispute with the other party, and other evidence and witness lists that may be helpful to you.
If there is no evidence to prove it, it will be difficult to guarantee rights.
Legal basis: Article 188 of the Civil Code of the People's Republic of China: The statute of limitations for requesting protection of civil rights from the people's courts 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.
It's okay, confess to them! Friends don't look down on you because of that.
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