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First of all, it depends on whether your IOU has exceeded the limitation period, the law stipulates that the limitation period of the IOU is 2 years, and the limitation period for the IOU that has indicated the date of performance of the arrears is calculated from the date of the date of repayment of the arrears, and for the IOUs that do not indicate the date of performance of the arrears, the limitation period is calculated from the day after the debtor issues the IOU. If the statute of limitations has expired, there is no legal protection, it is recommended that you take the IOU and ask the debtor to sign it again, and write the current year, month and date, so that the limitation period of the IOU will start again.
Solution: For the arrears that have not been repaid for a long time, and many times can not be recovered, only to sue the court to solve, the materials to be prepared for the prosecution are: write an indictment, make a copy, bring an IOU, and other evidence that can be testified, ID card and prosecution fee (the prosecution fee is paid by you first, and the losing party bears it after the judgment) to the court's case filing division, and the following matters are arranged by the court.
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It's the wrong method you want, if the method is right, the chance of coming back is still quite large, call the police.
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There are so many of them ... Now this society owes money to the uncle...
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There is no good way to do this except to tell him clearly, tell him that you need money recently, and then ask him for it, for unconscious people, you can't pay it back if you don't want him.
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How to deal with outstanding debts:
Apply to the court for the resumption of enforcement of the original judgment.
If the debtor still fails to perform the settlement and enforcement agreement after signing the conciliation and enforcement agreement or the mediation agreement, then according to Article 236 of the Civil Procedure Law, the parties must perform the legally effective civil judgment or ruling. Where one party refuses to perform, the other party may apply to the people's court for enforcement, or may request a judge to transfer it for enforcement. That is, if the other party refuses to perform, the party may apply to the people's court for the restoration of the enforcement of the original judgment.
It can be sued separately to increase the liability for breach of contract.
In the first method, it is not difficult to see that since there is no cost of default, the person subject to enforcement can breach the contract at will, which greatly reduces the binding effect of the enforcement settlement agreement on the person subject to enforcement, which obviously violates the principle of fairness.
In this regard, the Supreme Court has also issued relevant prudent provisions, that is, when the person subject to enforcement fails to perform the settlement agreement, the person subject to enforcement may choose to file other lawsuits in addition to applying for resumption of enforcement. At this time, the person subject to enforcement may be required to bear the corresponding liability for breach of contract and bear heavier obligations than those determined in the original effective legal documents.
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Legal analysis: If you do not repay the money, you can negotiate, mediate or litigate, or you can apply to the court for a payment order. Pay attention to the statute of limitations when filing a lawsuit.
If the creditor requests the debtor to pay money or valuable**, and meets the following conditions, it may apply to the basic people's court with jurisdiction for a payment order: the creditor and the debtor have no other debt disputes; The payment order can be served on the debtor.
Legal basis: Article 3 of the Civil Procedure Law of the People's Republic of China The provisions of this Law shall apply to the people's courts accepting civil lawsuits brought by citizens, legal persons, other organizations, and between them on the basis of property and personal relationships. 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. Article 236:Parties must perform on legally effective civil judgments or rulings.
Where one party refuses to perform, the opposing party may apply to the People's Court for enforcement, or the adjudicator may transfer it to the enforcement officer for enforcement. The parties must perform the mediation document and other legal documents that shall be enforced by the people's courts. If one party refuses to perform, the other party may apply to the people's court for enforcement.
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Legal analysis: Disputes arising from non-repayment of arrears are civil disputes, which can be resolved by the parties through negotiation, arbitration, application for payment orders, filing lawsuits, etc. If you want to sue if you don't repay the borrowed money, you must first file an application, and after the court accepts it, you must submit relevant evidence to prove that the money owed to you by others has not been repaid.
Legal basis: Civil Procedure Law of the People's Republic of China
Article 3: The provisions of this Law apply to people's courts accepting civil code litigation between citizens, legal persons, other organizations, and between them due to property and personal relationships.
Article 133:People's courts are to handle cases they accept in different situations: (1) Where the parties have no dispute and meet the requirements provided for in the supervision or promotion procedures, they may be transferred to the supervision procedures; (2) If mediation is possible before, mediation shall be adopted to resolve the dispute in a timely manner; (3) Determine the application of the simplified procedures or ordinary procedures on the basis of the circumstances of the case; (4) Where it is necessary to conduct a trial, clarify the focus of the dispute by requiring the parties to exchange evidence.
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The limitation period shall be calculated from the date of expiration of the repayment period set by the contract. If the other party still does not repay the money after the judgment of the closed court, it may apply to the court for compulsory enforcement within two years after the judgment takes effect.
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's trust. 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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Summary. Hello dear, if you don't owe money, you can negotiate and settle it first, if it doesn't work, you can only sue to settle it. The way of negotiation and settlement is a simple and convenient way to solve the problem, and the creditor and the debtor can sign a repayment agreement and other agreements to perform the debt according to the way agreed by both parties.
Litigation is commonly known as litigation, which means that the parties resolve their disputes through the process of litigation. It is left to the judge to judge and decide, and the court will make a judgment to deal with the debt in the manner specified in the judgment.
What should I do if I owe money and don't give it?
Hello dear, if you don't owe money, you can negotiate and settle it first, if it doesn't work, you can only sue to settle it. The way of negotiation and settlement is a simple and convenient way to solve the problem, and the creditor and the debtor can negotiate a way to solve the debt problem, and the repayment agreement and other agreements can be signed to perform the debt according to the way agreed by both parties. Litigation is commonly known as litigation, which means that the parties resolve their disputes through the process of litigation.
It is left to the judge to judge and decide, and the court will make a judgment to deal with the debt in the manner specified in the judgment.
Legal basis: Article 242 of the Civil Procedure Law of the People's Republic of China, the court has the right to take enforcement measures, and if the person subject to enforcement fails to perform the obligations determined in the legal document in accordance with the enforcement notice, the court has the right to inquire about the property situation of the person subject to enforcement, such as deposits, bonds, shares, etc. 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.
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