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This one... Generally speaking, you can get it back, after all, you borrowed it!
However, it is easy to lend money, but it is difficult to ask people to repay it
I've lent money to friends, but I always feel embarrassed to speak, but I can't help but come back. . . Hehe, try to talk to him (her) about the topic and keep your hands tight, hoping that he (she) will return it as soon as possible.
But if you are a very good friend, it is better for you to speak directly, otherwise you will think that he (she) is very hypocritical and just borrowed some money.
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If you have an IOU, it's fine.
It's best if he can pay it back. If not, you can sue him. But it's really hard to fight a lawsuit for 10,000 yuan.
Don't lend money to friends in the future, especially boyfriends and girlfriends. Because it's easy to lose feelings and money.
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It's hard to say, depending on how his boyfriend is, and whether the address of his hometown is correct, whether he can find his family.
There should still be hope to get it back.
The issue of money is super sensitive, and I used to lend money to others, and as a result, I lost a close friend.
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You can get it back, the law can help you!
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If your IOU is clearly written, and there is his signature or fingerprint, legally speaking, the loan relationship has been protected by the law, and the lawsuit will be won without accident.
But there is another question, can you find his person, can't find anyone, everything is empty talk, if the man is a trustworthy person, it is easy to get the money back.
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It's hard to talk about this, legally speaking, it's better to have a formal IOU, the important thing is to see if her boyfriend really wants to pay her back, otherwise it may be a little troublesome.
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If it's a man, he should be able to pay it back, not to mention an IOU and an address.
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If you have an IOU, go to a lawyer and ask!
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1. Can I get the money I gave to someone back?
1. Whether the money given to others can be returned, depending on the situation
1) If it is a gift for compensation, and the donee has not fulfilled his obligations, or the property has not been transferred to the donee, the gift can be revoked and returned;
2) On the contrary, if it is a free gift or property and a transfer, such as the donated vehicle or real estate has been registered for transfer, etc., it cannot be returned.
2. Legal basis: Article 658 of the Civil Code of the People's Republic of China.
The donor may revoke the gift before the transfer of rights to the donated property.
The provisions of the preceding paragraph do not apply to notarized gift contracts or gift contracts that have the nature of public interest or moral obligations such as disaster relief, poverty alleviation, or assistance to the disabled, which must not be revoked in accordance with law.
Article 660.
If the donor does not deliver the donated property, the donee may request delivery of a notarized gift contract or a gift contract that must not be revoked in accordance with law and has the nature of public welfare or moral obligations such as disaster relief, poverty alleviation, or assistance to the disabled.
Where the donated property that shall be delivered in accordance with the provisions of the preceding paragraph is damaged or lost due to the donor's intentional or gross negligence, the donor shall be liable for compensation.
2. What are the conditions for revoking the gift.
The conditions for revocation of a gift are as follows:
1. The donee seriously infringes upon the legitimate rights and interests of the donor;
2. The donee seriously infringes upon the legitimate rights and interests of the donor's close relatives;
3. The donee does not perform the obligation to support the donor;
4. The donee does not perform the obligations stipulated in the gift contract.
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Hello, you can follow the next digging Tanlie method.
One: Revisit the old thing.
When a friend borrowed money from you, you must have asked him why he was short of money. Now you can talk to him about the reason for his lack of money at the beginning, and kindly ask him how things were at the beginning, whether it has been resolved, and whether he is still short of money......The hints are already obvious, and if he hasn't grasped it yet, then you repeat it a few more times.
2. Cite the example of someone else borrowing money.
When you chat with the friend who borrowed money and didn't pay it back, you should intentionally or unintentionally mention how much money you borrowed from Xiang and what you did (this matter can be made up, Bi Xingyu's life is like a play, and he relies on his acting skills); The amount of money and the things you do should be the same as what happened between the two of you, so that he can remember.
Three: Ask him for money on the grounds that he is in financial difficulty.
It's also a more euphemistic way to make up a reason to ask him to repay the money, for example, you just tell him that your daughter-in-law has been in charge of it recently and has no money on her, and then you want to get back the money you borrowed before.
Borrow it directly.
You can borrow as much as he borrows from you, and if he forgets to pay you back, then he can forget the money he lent you, and that's exactly what he has done. If he hasn't forgotten the money he lent you, then you can just make it clear, if you don't pay back the money you owe, you don't have to pay it back if you lend it.
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Keep chasing and asking, ask every day, don't let him go.
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Legal analysis: voluntary giving of money is a gift, before the money is transferred, the gift can be revoked at will, after the transfer of money, unless there are the following three circumstances that can be revoked, it cannot be revoked: 1, the donee seriously infringes on the donor or his close relatives 2, the donee who has the obligation to support does not perform the obligation 3, the donee does not perform the contractual obligations at the time of the gift, if it is borrowed to a friend, it can be recovered, and the borrowed money can be solved in the following ways:
Negotiated between the lender and the borrower; If the negotiation fails, the lender may prepare a complaint and evidence such as IOUs and receipts, and file a lawsuit with the people's court in accordance with law; or apply to the basic people's court with jurisdiction for a payment order.
Legal basis: Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases》 Article 2 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 a legal relationship between lending.
Civil Procedure Law of the People's Republic of China
Article 120:The indictment shall be submitted to the people's court, and copies shall be submitted in accordance with the number of defendants.
Article 214:Where a creditor requests the debtor to pay money or valuables, and meets the following conditions, it may apply to the basic level people's court with jurisdiction for a payment order:
1) The creditor and the debtor have no other debt disputes;
2) The payment order can be served on the debtor.
The application shall clearly state the amount of money or valuable ** requested and the facts and evidence on which it is based.
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Hello, glad to answer for you!
My suggestion]:
1. Anyway, others owe you money, don't make yourself so passive, be bold and proactive. Otherwise, you won't want your money back! Even if you don't have an IOU, you often nag him in front of him about the fact that he owes you money, and when he is annoyed, he will pay you back!
2. Straight to say, what do I want to buy, I need money, please pay me back the money, it's been so long, maybe the other party has forgotten it, like this person who always borrows money and doesn't pay it back, how can you still lend it to him, you have no brains, stupid, really, I haven't seen your number, I want me to go to their house early.
3. Or if it doesn't work, tell you a good way: call your friend is someone you know. And people he doesn't know are the best.
Tell your friend to take the IOU and say to the person who owes you money: You pay me back directly, and they borrowed money from me and didn't have to pay it back, because you owe him money, so pay me back directly. If they don't pay it back, just ask your friends to urge you every day, anyway, it doesn't matter if you don't know each other.
And if they don't give your friend any money, call your friend to scare them and tell them to go back and sue them.
Hope you help!
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