-
First of all, there must be an IOU. Here's the proof.
Secondly, if you don't have an IOU now, you can find that person and sign a deferred repayment agreement.
Third, now that guy ran away, can't find the words. If you have an IOU, just go to court to file a lawsuit, otherwise you won't get the money when the 2-year statute of limitations expires. If you don't have an IOU, and you can't find anyone, the money is gone.
In short, one must have an IOU, and the other must sue him within two years.
-
If there is an IOU, it can be recovered by law.
If a friend borrowed it and didn't have an IOU, it wouldn't be good to ask for it.
-
Continue to pursue it, and if that doesn't work, file a lawsuit in court. Note that the debt is valid!
-
Within two years of the last time you asked for money, you used a knife to force his daughter-in-law and woman.
-
If you have an IOU, you can sue.
If the court finds that the creditor's rights and debts are clear, it will accept it.
After paying the litigation fees in advance, and the other party does not show up, the court can make a judgment in absentia, and at that time, you can apply to the court for enforcement with the judgment, and you can go to his house to get anything :)
I think it's better to say goodbye early.
-
Well, this is relatively easy, because the amount is not very large, as long as you can contact the condition that you can ask again, of course, there will be an absolute expiration time, so you can sue the court after the reminder, the court will accept it on the basis of sufficient evidence, clear defendants, and clear litigation claims, and conduct a trial in absentia, after which you can request enforcement, but I estimated that this way is not very cost-effective, originally 5000 yuan. In summary, you explain the pros and cons to him, tell him that he may bear the corresponding litigation costs if he loses the lawsuit, and the money will be more than 5,000 yuan, so let him weigh the pros and cons.
-
If you want to pay a debt, you can either give him some more money, which is enough for 5,001 to settle.
-
Legal analysis: The arrears belong to the debt disputes in civil cases, which do not belong to the case management scope of the public security, and the police will not deal with the police, so it is best for the two parties to negotiate, go to each other several times, and try to resolve them peacefully.
If it cannot be resolved through negotiation, it can only be sued by the court, which will make a judgment and enforce it.
Legal basis: Civil Procedure Law of the People's Republic of China
Article 164:Where parties are dissatisfied with the first-instance judgment of a local people's court, they have the right to appeal to the people's court at the level above within 15 days of the judgment being served. Where a party is dissatisfied with a local people's court's first-instance ruling, it has the right to appeal to the people's court at the level above within 10 days of the date on which the ruling is served.
Article 165:An appeal petition shall be submitted. The content of the appeal petition shall include the names of the parties, the names of the legal persons and their legally-designated representatives, or the names of other organizations and their principal responsible persons; the name of the original people's court, the case number, and the cause of action; Request and grounds for appeal.
-
Theoretically, no matter how much the amount, the court will file a case, because civil rights are for the purpose of protecting rights, and the requirements for filing a case are not directly related to the amount of money.
-
Legal analysis: You can negotiate with the other party first to see if you can get the arrears back; You can go through the legal process and appeal.
Legal basis: Civil Procedure Law of the People's Republic of China
Article 122:Where parties sue in a civil dispute brought to the people's court, where mediation is appropriate, mediation is to be conducted first, except where the parties refuse to mediate.
Article 119:Prosecution must meet the following requirements:
1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;
2) 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.
-
Hello Kiss What should I do if someone owes 5000 and doesn't pay it back, there can be many solutions, did the person who owes money give you an IOU?
Theoretically, no matter how much the amount, the court will file a case, because civil rights are for the purpose of protecting rights, and the requirements for filing a case are not directly related to the amount of money.
Then when you are ready to sue him, you need to collect evidence, if there is a private loan agreement or IOU, this is the most powerful evidence, if there is no ** recording, WeChat chat records can be used as lending evidence, the first step to sue the people's court: the court sues, submits the complaint, the court accepts, the acceptance fee is less than 50 yuan of 10,000 yuan, and the summary procedure is halved and only 25 yuan. Step 2:
The court will serve you with a summons and a copy of the complaint to inform you of the time. The first is mediation. If you do not go to the court to receive the summons or cannot be served on you by other means, the court will start the service of the summons to you, the notice fee is 260 yuan, and the notice period expires, if you do not know that you have been sued, the court will notify the plaintiff of the absence**.
Of course you'll lose the case. Step 3: The court notifies the plaintiff to receive the judgment (the judgment continues to be served by public announcement, the fee is 300 yuan), and the judgment will clearly state the time when you repay the money, that is, you will be ordered to pay the money to the plaintiff within seven days of the judgment taking effect, otherwise you need to pay double the delay in performance.
Step 4: If you don't fulfill the judgment after the judgment takes effect (don't send me the money, hehe), sorry, then I can only apply to the court to enforce it. Then the executive judge of the court will come to you with the bailiff.
To sum up, the general principles of the civil law stipulate that for an IOU with an agreed repayment period, the statute of limitations shall be calculated from the day after the expiration of the repayment period for 3 years, and for those who have not agreed on the repayment period, it shall be calculated from the date of issuance of the IOU.
Questions. There are no IOUs.
There is a chat history.
Well, in the chat log, as long as it is explained that this is the money he borrowed from you, it is strong evidence and can be sued, the teacher knows your mood too well, how much is it, people are borrowing money, and there is no money to repay, we are also helpless, so we have to consider suing him to defend our rights and interests. Questions.
-
If someone owes me 5,000 yuan and has not repaid it, the party concerned can negotiate with the debtor and request him to repay the loan within a reasonable period of time; may apply to an arbitration institution for arbitration in accordance with the law; You may also file a lawsuit with the people's court; or apply for a payment order in accordance with the law.
[Legal basis].
Article 2 of the Arbitration Law of the People's Republic of China.
Contract disputes and other disputes over property rights and interests between citizens, legal persons, and other organizations that are equal subjects may be arbitrated.
Article 120 of the Civil Procedure Law of the People's Republic of China.
A complaint shall be submitted to the people's court, and copies shall be submitted in accordance with the number of defendants.
Article 214.
If the creditor requests the debtor to pay money or valuables, and meets the following conditions, it may apply to the basic 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 2 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases.
When a lender initiates a private lending lawsuit with a 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 the lenders.
-
Theoretically, no matter how much the amount, the court will file a case, because civil rights are for the purpose of protecting rights, and the requirements for filing a case are not directly related to the amount of money.
-
If someone owes money and does not pay it back, it is recommended to communicate with the other party, and if the other party has clear signs of not paying back, you can collect evidence and use litigation to get back the arrears.
1. What are the ways in which personal debts can be resolved?
If the personal debt is not repaid, the creditor can settle it in the following ways:
1.Negotiation method: If the debtor does not repay the money owed, after the expiration of the agreed repayment period, the debtor can negotiate to repay the loan in installments.
2.Litigation method: If an agreement cannot be reached, the creditor can file a civil lawsuit with the court with evidence such as ID card, household registration book, complaint and IOU.
If the court orders the other party to repay the money, and the other party still does not repay the money within the performance period specified in the judgment, the creditor may apply to the court that made the judgment for compulsory enforcement within two years from the date of expiration of the performance period of the court judgment.
3.Payment Order: The creditor can also apply directly to the court for a payment order to claim the amount owed.
2. What should the creditor do if the debtor fails to repay the loan on time?
If the debtor does not repay the loan on time, the creditor can solve it in the following ways:
1.Negotiation method: If the debtor does not repay the money owed, after the expiration of the agreed repayment period, the debtor can negotiate to repay the loan in installments.
2.Litigation method: If an agreement cannot be reached, the creditor can file a civil lawsuit with the court with evidence such as ID card, household registration book, complaint and IOU.
If the court orders the other party to repay the money, but the other party still does not repay the money within the performance period specified in the judgment, the creditor may apply to the court that made the judgment for compulsory enforcement within two years from the date of expiration of the performance period of the court judgment.
3.Payment Order: The creditor can also apply directly to the court for a payment order to claim the amount owed.
3. What should I do if the customer maliciously owes money.
Creditors who owe money in bad faith can claim the arrears in the following ways:
1.Negotiation method: If others owe money and do not repay, they can negotiate to repay the loan in installments after the expiration of the agreed repayment period. This method is more convenient, but there is no guarantee of enforceability.
2.Litigation method: If an agreement cannot be reached, the creditor can file a civil lawsuit with the court with evidence such as ID card, household registration book, complaint and IOU.
If the court orders the other party to repay the money, and the other party still does not repay the money within the performance period specified in the judgment, the creditor may apply to the court that made the judgment for compulsory enforcement within two years from the date of expiration of the performance period of the court judgment. This method has a guarantee of execution, and it takes a long time to do it.
3.Payment Order: The creditor can also apply directly to the court for a payment order to claim the amount owed. This method is less costly, but it is easy to become invalid and then transferred to litigation.
Article 1 of the Civil Procedure Law stipulates that when a plaintiff files a lawsuit with a people's court or a defendant files a counterclaim, it shall be accompanied by corresponding evidence that meets the requirements for filing a lawsuit.
Article 2 of the Civil Procedure Law stipulates that a party has the responsibility to provide evidence to prove the facts on which its own claim is based or on which it refutes the other party's claim.
-
Legal analysis: If the other party is not only unwilling to repay the money, but also majesticly intimidated, you can find a legal way to solve it at this time. Before consulting with a lawyer and appealing to the court, please try to gather evidence that the other party borrowed money and did not pay it back.
As long as the evidence is available, the rest of the matter is much easier.
Legal basis: Article 676 of the Civil Code of the People's Republic of China If the borrower fails to return the loan within the agreed time limit, it shall pay overdue interest in accordance with the agreement or the relevant provisions of the state.
Civil Procedure Law of the People's Republic of China》 Article 255:Where the person subject to enforcement does not perform the obligations set forth in the legal documents, the people's courts may employ or notify relevant units to assist in restricting them from leaving the country, recording and publishing information on non-performance of obligations in the credit reporting system, and other measures provided for by law.
-
Legal analysis: There are the following methods: urge the other party to repay the loan in a timely manner within a reasonable period of time; apply to an arbitration institution for arbitration in accordance with the arbitration agreement; or prepare a complaint and evidentiary materials, and file a civil lawsuit with the people's court in accordance with law.
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.
Legal basis: Article 120 of the Civil Procedure Law of the People's Republic of China shall submit a complaint to the people's court, and a copy shall be submitted according to the number of defendants. Article 122:Where parties sue in a civil dispute brought to the people's court, where mediation is appropriate, mediation is to be conducted first, except where the parties refuse to mediate.
Article 236:Parties must perform on legally effective civil judgments or 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. Article 240 Judgment Hail 2: If the person subject to enforcement fails to perform the obligations set forth in the legal document in accordance with the enforcement notice, the people's court has the right to inquire about the property of the person subject to enforcement, such as deposits, bonds, and shares.
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.
If there is no evidence such as an IOU, you can prove the fact of borrowing money by holding bank payment records and a third party to testify, and then go to the people's court where the defendant is domiciled or where the contract is performed to file a lawsuit. >>>More
Share it with her! Damn it! Last time my girlfriend said she wanted to buy candy to eat, so I borrowed 8 cents! Damn it hasn't been returned yet! But big brother, when I see you, my heart is much brighter! Resolutely share with her! I'll wait a little longer.
Summary. Hello dear<>
I owe you 10 dollars" means that the speaker borrowed 10 yuan from the listener, and now he needs to return it. The meaning of this sentence is to admit that he has borrowed money and express his willingness to return it. If you are obedient, you can say "no problem", "don't worry, don't pay it back now", etc. >>>More
At present, the property market is sluggish, ** is cleared, and prices are soaring. So I believe that if you have investment-minded friends around you, you are talking about foreign exchange speculation, which refers to London gold, commonly known as spot. Speculating in foreign exchange is foreign exchange margin >>>More
30,000 yuan, the amount is too small, it is not worth hiring a lawyer, and you have an IOU, this is the most powerful evidence, just go directly to the court to sue, write the indictment, write clearly what time and place the other party borrowed money from you, wait for **, winning the lawsuit is not a big problem, if the other party does not pay back the money, wait for the ten-day appeal period to expire, go to the court to apply for enforcement, the court will freeze the other party's account, and list him as a list of dishonest persons until he pays back the money. Hope it helps.