If relatives don t give money on IOUs, can they get the money back?

1. Legal lending relationship, protected by law.

2. If the debtor fails to perform the debts due, if the debtor provides a property mortgage or guarantor at the time of the conclusion of the loan contract, the creditor may retain the collateral and receive priority repayment with the sale price. The guarantor may also be required to bear the guarantee liability as agreed, and the guarantor shall perform the debt or bear joint and several liability.

After the guarantor has fulfilled the debt, it can recover from the debtor.

3. If the debtor does not provide either a property mortgage or a guarantor when entering into the loan contract, and fails to perform the debts due.

In order to safeguard the legitimate rights and interests, the creditor may, in accordance with the provisions of the Civil Procedure Law, apply to the people's court with jurisdiction for the issuance of a payment order.

4. After accepting the application for a payment order, the people's court will mail a copy of the application for a payment order submitted by the creditor and a copy or copy of the relevant evidence proving the objective existence of the creditor's rights and debts to the debtor, requesting him to reply.

If the debtor pleads, the people's court finds that it is not sufficient to issue a payment order, and it will transfer to litigation proceedings in accordance with the law. Except where the creditor does not agree.

If the litigation procedure is transferred, the creditor may continue to claim the creditor's rights in the litigation procedure in accordance with the law, and further provide more conclusive and sufficient evidence to protect the legitimate rights and interests.

5. In order to avoid the debtor's transfer of property during the litigation procedure, the creditor may entrust a lawyer to investigate the debtor's property status in accordance with the law and apply for property preservation before or during the litigation.

After the debtor's property is preserved, it cannot be transferred during the litigation period, and the creditor can directly enforce the preserved property if the creditor obtains a judgment or payment order in favor of the lawsuit.

However, property preservation will incur preservation costs, and if the creditor loses the lawsuit, the preservation costs will be wasted. Therefore, the creditor should first confirm whether its evidence to prove that the debtor owes a debt to it is indeed sufficient, and then decide whether to apply for preservation.

The judicial basis is Articles 89 and 90 of the General Principles of the Civil Law of the People's Republic of China.

The judicial basis is Articles 216 and 217 of the Civil Procedure Law of the People's Republic of China.

Her boyfriend's mother died. When he died, my boyfriend's mother's family had no one to take care of, and then my boyfriend's grandmother had a house to be sold by relatives, but there was a mother's share, which required my boyfriend's signature and consent, and I didn't want to be involved, my boyfriend never signed, and then we thought that his mother asked me to go to her house to ask for money before her death (although I don't know why, I didn't ask for it) She got relatives and said to give us 20,000, so I asked my boyfriend to sign, and she had to be an IOU from relatives at that time (that is, who bought the house, Before 2012, 20,000 will be repaid to whom, such a simple IOU) At the end of this year, I was going to buy a cemetery for my boyfriend's mother, and when my boyfriend went to ask for money, she had to say that there was no money to wait for her to get married, and then give it, I think it was too much, I didn't have money, but I felt that their family had no family affection at all. If I solve my boyfriend's good job violently, it will definitely be over, it's not worth it, but if I don't solve it, I'm unwilling, it's too hateful, can the law help us We have just graduated and have no experience, I hope you can tell me.

Legal Analysis: The specific method is that the creditor can negotiate with the debtor to settle the matter.

If the negotiation fails, the creditor may collect evidence such as bank vouchers, WeChat payment vouchers, and audio and video recordings of the loan to the debtor, write a complaint, and file a lawsuit with the court at the place where the debtor is located or where the IOU is signed.

Legal basis: Civil Code of the People's Republic of China

Article 667 A loan contract is a contract in which the borrower borrows money from the lender and returns the loan at maturity and pays interest.

Article 668: The loan contract shall be in written form, unless otherwise agreed upon between natural persons.

The content of the loan contract generally includes the type of loan, currency, purpose, amount, interest rate, term and repayment method.

Article 669 When entering into a loan contract, the borrower shall, as required by the lender, provide the true information about the business activities and financial status related to the loan.

When a relative owes money and does not have an IOU, he can collect evidence from the process of borrowing money and ask the other party to repay it. If the repayment is refused, the lawsuit should be filed with the local people's court, and after winning the lawsuit, you can apply for enforcement.

1. What should I do if my relatives owe money and don't have an IOU.

At this time, the lender can start with circumstantial evidence to form a chain of circumstantial evidence.

1. Evidence of borrowed money: provide evidence of lending money to the other party at that time, such as bank vouchers for transferring money to the other party; If the payment is made in cash, it is necessary to print out the receipt of cash withdrawal from the bank or the testimony of the attestimony of the person present.

2. Evidence of asserting creditor's rights: Collect evidence that the borrower has asked for money, which can be a written repayment plan of the other party, or in the form of audio or video recordings to prove that the other party has repeatedly asked for repayment.

4. The other party's property information: The lender can try to find out the other party's property situation before filing a lawsuit, mainly bank accounts, houses, vehicles, etc., and provide effective clues to the court for later application for enforcement.

2. How to sue if you owe money.

1) Payment of litigation fees.

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.

2) In general, the following materials should be submitted when initiating 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.

3) Evidence 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 there is no interest agreement, if the creditor requires the debtor to repay the overdue interest, or the unscheduled interest-free loan is not repaid after being reminded, and the creditor claims to repay the interest after the reminder, there shall be evidence that the debtor does not repay the overdue interest or does not repay it 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.

When handling the litigation of the case, the creditor shall pay the litigation fee of the case, and submit the lawsuit of the case after the payment is completed. After the people's courts in our country file a case, they will investigate the actual circumstances of the case. If the provisions of the law are met, the debtor shall be required to repay the arrears of the creditor.

If they refuse to repay, they shall also apply to the people's court for compulsory enforcement to pay off the arrears.

There is no IOU for borrowing money, as long as there is enough evidence to prove the loan relationship, it can be obtained back through the law. If the parties do not have an IOU and want to get the loan back, they must first find a way to fix the loan contract relationship. Methods include:

The other party writes an IOU or repayment plan; Recording of the conversation in which the other party acknowledges the existence of a contractual relationship between you; Look for witnesses who can prove the existence of a loan association hall, etc. If the negotiation fails, a lawsuit may be filed with the people's court at the place where the remitting bank is located or where the defendant is domiciled, requesting the court to obtain the remittance voucher from the bank and require the other party to repay the loan.

With regard to the issue of the whereabouts of the other party being unknown, Article 5 of the Supreme People's Court's Several Opinions on the Trial of Loan Cases by the People's Court stipulates that if the debtor's whereabouts are unknown when the debtor files a lawsuit, the court at the place where the debtor is originally domiciled or where his property is located shall have jurisdiction. The court shall require the creditor to provide evidence to prove the existence of the loan relationship, and after accepting the case, the debtor shall be summoned to respond to the lawsuit.

Several Opinions on the Trial of Loan Cases by the People's Courts

Article 5. When the creditor files a lawsuit, if the debtor's whereabouts are unknown, the court at the place where the debtor is originally domiciled or where his property is located shall have jurisdiction. The court shall require the creditor to provide evidence to prove the existence of the loan relationship, and after accepting the case, the debtor shall be summoned to respond to the lawsuit.