If you don t pay back your debts, what can you do to get your money back

1. If you go to the court, it may take a long time, but you can collect evidence first, chat records, transfer records, ** recordings, etc.;

2. You can also help collect through the collection agency, which requires the release of creditor's rights information on the platform, and it is better to know the identity information of the other party;

3. It is natural to repay debts.

If the debtor fails to perform the repayment obligation, the creditor may file a lawsuit with the court to require the debtor to perform the repayment obligation. If the debtor has property, it is recommended that the creditor apply to the court for property preservation measures to freeze the other party's property when filing a lawsuit.

Article 119 of the Civil Procedure Law: A lawsuit must meet the following conditions:

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.

Don't listen to the nonsense on the second floor, according to the method of charging litigation fees implemented on April 1, 2007, you have to pay 50 yuan in advance for a lawsuit, and you do not pay the fee for applying for enforcement. If he writes a guarantee, then this guarantee can be used as evidence, and he does not pay back the money within this time, then of course you can fight this lawsuit.

If it is handled in accordance with the law, it is naturally the debtor who loses the lawsuit. All litigation costs are the responsibility of the losing party, and you can recover the amount owed without financial loss.

The amount is not large, and the lawsuit cannot be drawn, and the people and money will be lost. It's better to be able to figure it out yourself. There are also companies in the society that help collect debts, and they are generally open!

If you do not hire a lawyer to file a lawsuit, you only need to pay the legal fees first, and you can ask the loser to pay the legal fees. In addition, enforcement also requires the payment of an enforcement fee.

In some places, you can go directly to the court to apply for a payment order, and you need to go to the local court for advice.

Generally, the facts of this case are very clear, and the court will arrange for you to mediate, and if the mediation fails, the judgment will be pronounced. If he still doesn't pay, he applies for enforcement.

In addition, when filing a lawsuit, you can apply for property preservation, that is, first seize the other party's 8,000 yuan of things.

Sue it, someone will sue for hundreds of dollars.

The debtor's debt cannot be resolved by the following methods:

1. Conciliation Law.

When the creditor's right is due or about to mature, if the debtor is temporarily unable to repay the debt but has the sincerity to repay the debt, the creditor may negotiate with the debtor on the term, method and amount of the debt to be performed, and urge the debtor to perform the debt or sign a repayment agreement. If the creditor's right is secured by a mortgage or a third party provides security, the creditor may negotiate with the mortgagor or the guarantor to enable the mortgagor to pay off the debt with sufficient collateral assets, or the guarantor may repay the debt on behalf of the guarantor.

2. Mediation Law.

The creditor may submit a written application for mediation to the local people's mediation committee.

3. Arbitration Law.

When applying for arbitration, the parties shall submit the arbitration agreement, the statement of application and a copy thereof to the arbitration institution. The application should contain in detail the name, gender, age, occupation and other circumstances of the parties and the factual reasons. Resolving debt disputes through arbitration has strong confidentiality, and most of the parties are not fiercely confrontational.

In addition, the cost of filing for arbitration is generally lower than the cost of filing a lawsuit.

4. Procedural Law.

For some cases that are more complex, difficult for the other party to deal with, or difficult to resolve through other means, the creditor may choose to resolve the case in a smooth and orderly manner.

5. Application for a payment order.

China's Civil Procedure Law stipulates: "If a 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:

1) The creditor and the debtor have no other debt disputes;

2) The payment order can be served on the debtor. The application shall contain the amount of money or valuable ** requested and the facts and evidence on which it is based. ”

After accepting the application, the people's court shall, after examining the facts and evidence provided by the creditor, issue a payment order to the debtor within 15 days from the date of acceptance if the creditor's rights and debts are clear and legal.

The debtor shall pay off the debt within 15 days from the date of receipt of the payment order, or submit a written objection to the people's court. If the debtor does not raise an objection and fails to perform the payment order within the period specified in the preceding paragraph, the creditor may apply to the people's court for enforcement.

Article 119 of the Civil Procedure Law: A lawsuit must meet the following conditions:

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.

The first trick: 10,000 prior consultation!

First of all, there will be one to convince people!

If you do not repay the money you owe, you can first negotiate with the other party amicably as calmly as possible, appropriately relax the repayment conditions, and repay it in a timely manner. If the other party is indeed unable to repay the loan in time, both parties can sign a Repayment Agreement to agree on the specific method and time limit of repayment; It is also agreed that if the other party still fails to perform when due, it may apply to the court for enforcement of the debtor's property.

To sign such a repayment agreement, it must be notarized by a notary public in advance. Once the repayment agreement expires, the creditor can directly apply to the court for enforcement in accordance with the terms of the agreement, eliminating a lot of cumbersome litigation procedures and saving time and money for debt collection. The second trick:

Collection letters for arrears.

Sending a collection letter to the other party is also an effective solution.

1. Effective interruption of the statute of limitations: The Civil Procedure Law stipulates that the statute of limitations for arrears is generally two years, that is, within two years after the expiration of the repayment period, the creditor does not demand payment from the debtor, and the court will no longer protect it. However, according to the regulations, if the arrears collection letter is used as a reminder notice and has the legal effect of suspending the statute of limitations, the statute of limitations can be extended, so that the creditor can flexibly decide the time to file a lawsuit.

2. The arrears collection letter indicates that the creditor has fulfilled the obligation to inform and give a reasonable period of time: according to the regulations, if the debtor fails to repay the loan within the time limit, the creditor should generally perform the obligation of notification and give a reasonable period of time, and only then can the debtor sue for repayment if the debtor still fails to repay the debt.

3. Arrears collection letter is a fast and affordable way to collect arrears: arrears collection letter is a very formal way to collect arrears, if you hire a lawyer to issue a more professional arrears collection letter, it will make the debtor more cautious and can effectively improve the possibility of repayment. The third trick:

Lawsuit. The law is the last line of defense to protect one's own rights and interests, and if the other party still refuses to repay the money after trying various methods, then you can only choose the legal path of litigation.

However, before filing a lawsuit, remember to apply for pre-litigation property preservation. Quietly.

Pre-litigation property preservation is to apply to the court to seize and freeze the other party's property, such as accounts, real estate, cars, etc., at the same time or in advance when a lawsuit is filed, so as to prevent the other party from transferring property and ensure that the parties can get back the money and property in time after winning the lawsuit.

However, this step is not necessary and can be omitted if you cannot provide proof of the other party's assets, or if the amount owed is not high, and the other party has a clear ability to repay.

If there is a bank transfer record, this may be used as the main evidence to demand repayment from the other party; If the other party maliciously delays the refusal to pay, consider filing a lawsuit with the court to resolve it. If there is no bank transfer record, the court will support it in accordance with the law and sentence the other party to repay the loan within a time limit. If the debt is due, you can ask the other party to immediately repay the arrears and interest, and if there is an actual economic loss caused by it, you can ask the other party to compensate for it.

1. The process of prosecuting if you do not pay back the money owed.

1. Write the indictment.

2. Bring evidence and indictment to the court to file a case and pay the litigation fee.

3. Trial by the court. If mediation is conducted under the auspices of a judge, the parties may voluntarily reach a mediation agreement, and if a mediation agreement cannot be reached, the judge shall make a banquet ruling.

4. Enforcement of judgments. If the losing party does not take the initiative to perform the obligations set forth in the effective judgment document, the winning party may apply for compulsory enforcement in accordance with law.

2. What are the ways of property transfer?

1. The deposit of one party has been transferred, such as transferring the deposit in the name of another person, or purchasing a large item.

2. Selling the property secretly, generally to relatives and friends, buying and selling falsely, and not actually paying.

3. Sell the company's **, equity, etc., fabricate a lower **, or hollow out the company's assets, forge the company's debts, and create the illusion that the funds are insolvent.

4. Fictitious traffic accidents and pay a large amount of compensation to others.

Legal basis: Article 538 of the Civil Code of the People's Republic of China Where the debtor waives its due creditor's rights or transfers property free of charge, causing damage to the creditor, the creditor may request the people's court to revoke the debtor's act. If the debtor transfers property at an obviously unreasonable low price, causing damage to the creditor, and the transferee is aware of the situation, the creditor may also request the people's court to revoke the debtor's act.

Normally, after the friends lend out the money, they want to get the money back, and the easiest and most effective way is to negotiate and communicate with him directly. After all, many friends have their own hard-earned money, and after lending to him, they often need to repay it. If the yardstick is not returned after negotiation and communication, it is necessary to file a lawsuit with the court at this time.

01 For our friends, under normal circumstances, we need to write a complaint, dismantle the rock, and then bring the corresponding evidence directly to the court to file the case, and submit the litigation fee.

02 In fact, when the lawsuit of the friends has been tried by the court, and the court also has a specific trial time. In such a case, we can wait for the court's decision.

03 I have to say that after the court verdict, often the partners who owe money need to repay the money in time. If the court does not pay it back, the court has the right to enforce it.

04 For small partners, when filing a lawsuit with the court, be sure to provide corresponding evidence of borrowing, such as loan contract, loan agreement, IOU and letter of commitment to repay, etc.