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Hangzhou Wenbo Investment, a legal and formal debt company, you can consider finding a company like them to help you solve it, and you don't have to come forward yourself.
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I don't know why you can't get it back, it's because he doesn't pay back the money, and you can't afford it. Or is he just going to have no money, or a life. If he has the money and does not pay it back, then he can only sue him in court, but the premise is that there is an IOU and the statute of limitations has not expired.
The statute of limitations is two years from the day after the date on which he is due. If he really can't repay the loan, it's useless for you to win the lawsuit, because there is no property to enforce. You only have to keep an eye on whether he has any money, and ask him to rewrite the IOU so that the statute of limitations does not pass.
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Mention it intentionally or unintentionally, or ask him to invite you to dinner next time, eat a few more times, and eat Ben back.
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It depends on how your relationship is, if it is very general or average, then go ahead; If it's good, it's all a treat; If you really don't come back, you will be in vain.
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Generally speaking, when borrowing money, you must be mentally prepared that you can't get it back, and if you have a large amount of money, you must write an IOU regardless of the relationship, otherwise it may not be useful to fight a lawsuit.
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The money you lend must have the awareness that you will never get it back.
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If you can't do it directly, you will go to court, or you will go to the underworld.
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Don't lend it out next time
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I don't think he didn't give it, but he didn't have the money to pay it back! Kindness!
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1. What should I do if I can't get the money back after I have lent it out?
1. If the borrowed money is not returned, it may file a lawsuit with the court or apply for a payment order, and if the parties agree on an arbitration agreement, they may apply for arbitration. According to the law, the people's court hears a civil case in accordance with the principle of the parties' voluntariness and on the basis of clear facts, distinguishes right from wrong and conducts mediation. Contract disputes and other disputes over property rights and interests between citizens, legal persons, and other organizations that are equal subjects may be arbitrated.
2. Legal basis: Article 3 of the Civil Procedure Law of the People's Republic of China.
The provisions of this Law apply to the people's courts' acceptance of civil lawsuits brought by citizens, legal persons, and other organizations, as well as between them on the basis of property and personal relationships.
2. Is it legal not to repay the money owed?
The act of borrowing money and not paying it back is illegal and does not constitute a crime. Failure to repay the money owed is an illegal act, violating civil law, not criminal law, and can only be sued to the court to demand the return of the money, and the public security organ cannot intervene; It is not an illegal act to owe money, but the act of not paying it back does not constitute a criminal offense, that is, it is not a criminal act.
3. What will be the consequences if the arrears are not paid for more than a year.
If you don't pay off your money for more than a year, you will have the following consequences:
1. It will be collected by creditors;
2. The longer the overdue period, the more penalty interest and liquidated damages, and the more repayment;
3. It will affect the credit of the bank;
4. It will be prosecuted, enforced, and blacklisted;
5. May be detained or imprisoned.
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The creditor can file a lawsuit with the people's court, and if the debtor fails to perform the court judgment, the creditor can apply to the court for enforcement. When the court accepts the compulsory enforcement, it will inquire about the real estate, vehicles, ** and deposits in the name of the parties in accordance with the law. If the party has no property in his name that can be enforced and refuses to perform the effective judgment of the court, he will be included in the list of dishonest persons and will be restricted from spending and entering and exiting the country.
Legal basis: Article 122 of the Civil Procedure Law of the People's Republic of China.
Where a party sues a civil dispute in a people's court and it is appropriate to mediate, mediation is to be conducted first, except where the parties refuse to mediate.
Article 145.
Where the plaintiff applies to withdraw the lawsuit before the judgment is announced, the people's court is to rule on whether or not to allow it. Where the people's court rules not to allow the withdrawal of the lawsuit, and the plaintiff is summoned by summons and refuses to appear in court without a legitimate reason, a judgment may be rendered in absentia.
Article 252.
Where the person subject to enforcement fails to perform the acts specified in judgments, rulings, or other legal documents in accordance with the enforcement notice, the people's court may enforce it or entrust the relevant unit or other person to complete it, and the person subject to enforcement shall bear the costs.
Article 242.
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, shares, 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. People's courts must not inquire about, seize, freeze, transfer, or sell property beyond the scope of the obligations that the person subject to enforcement shall perform.
When a people's court decides to seize, freeze, transfer, or convert property, it shall make a ruling and issue a notice of assistance in enforcement, and the relevant units must handle it.
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Legal analysis: If the borrowed money is not returned, it can file a lawsuit with the court or apply for a payment order, and if the parties agree on an arbitration agreement, they can apply for arbitration.
Legal basis: Civil Procedure Law of the People's Republic of China
Article 3: The provisions of this Law apply to people's courts' acceptance of civil lawsuits raised by citizens, legal persons, and other organizations, as well as between them on the basis of property and personal relationships.
Article 93: In hearing civil cases, the People's Court of the People's Law is to distinguish right from wrong and conduct mediation on the basis of the principle of the parties' voluntariness and on the basis of clear facts.
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.
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If the debtor owes money and does not pay it back, the creditor's remedies are: 1Within the limitation period, the creditor may directly file a lawsuit with the people's court at the place where the debtor's original residence or property is located to recover the debt.
2.The debtor applies to the court to declare the debtor a missing person, and then the escrow pays the loan from the missing person's property. 3.
If the guarantor or guarantor can directly request the other party to repay in lieu of the repayment.
Legal basis
Article 43 of the Civil Code stipulates that the property custodian shall properly manage the liquid source property of the person who has been buried in the grave and protect his property rights and interests. Taxes, debts and other expenses due to the missing person shall be paid by the Custodian of Xiangqiao Property from the property of the missing person. Where the custodian of property intentionally or grossly negligently causes losses to the missing person's property, they shall bear responsibility for compensation.
Yes, so it made me understand that I should leave evidence of lending money to others in the future: when people around me call, send messages or contact to borrow money through other means, you can keep the basic evidence of borrowing money by recording, taking photos to keep evidence, screenshots of chat messages, etc., preferably an IOU, so as not to be falsely accused in the future.
I will consider myself unlucky, and I will not have dealings with each other in the future, let alone money exchanges, in my opinion, people who borrow money and do not pay it back are people who have a problem with their conduct, and whose money is not blown by the wind, for the sake of love, lend money to each other, but the other party is dead and begging for nothing to pay back, then there is no need for such people. >>>More
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