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How to deal with borrowing money and not yet making an IOU.
First negotiate with the person who borrowed the money, and if that doesn't work, you can only take some coercive measures.
Of course, you can sue, but if there is not enough evidence to support your claim, the court may dismiss the claim.
Here are some important steps:
1. When a party initiates a lawsuit, it shall first submit a statement of indictment and submit a corresponding number of copies according to the number of opposing parties. If the parties are citizens, the names, genders, ages, places of origin, and addresses of both parties shall be indicated; If the party is a unit, the name and address of the unit, and the name of the legal representative or responsible person shall be clearly indicated. The body of the indictment shall clearly state the matters requested, the facts and reasons for the indictment, and the end must be signed or affixed with an official seal.
2. Basis"Whoever asserts is the one who gives evidence"In principle, the plaintiff shall submit the following materials to the court:
1. Materials on the plaintiff's subject qualifications. Such as the original and photocopy of resident ID card, household registration booklet, passport, home return permit for Hong Kong and Macao compatriots, marriage certificate and other evidence; If the enterprise unit is the plaintiff, it shall submit copies of the business license, business registration certificate and other materials.
2. Evidence to prove the plaintiff's claim. Such as contracts, agreements, creditor's rights documents (IOUs, IOUs, etc.), receipts and delivery vouchers, correspondence, etc. Web Links.
3. When a party submits documentary evidence to the court, it shall fill out a list of evidence in duplicate, listing in detail the name and number of pages of the evidence submitted. After the evidence has been verified by the court's undertaker, the undertaker is to sign and seal the evidence list, and one copy is to be handed over to the parties and one is to be recorded.
IV. Within 7 days after the parties have completed the necessary formalities and submitted all relevant evidentiary materials, the case filing division shall handle the case filing formalities for those who meet the requirements for case filing; Where the requirements for filing a case are not met, a ruling is made in accordance with law not to accept it.
5. The parties shall pay the case acceptance fee and other litigation fees in advance within 7 days from the date of receipt of the notice of acceptance, and if there are real difficulties, they may submit a written application to this court for reduction, deferment or exemption within the prepayment period.
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Hello, it is advisable to collect additional evidence and file a lawsuit with the court.
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Legal Analysis: Lenders can start with circumstantial evidence to form a chain of circumstantial evidence before proceeding with a lawsuit. 1. Evidence of borrowed money:
Provide evidence that the money was lent to the other party at the time, such as bank proof of transfer to the other party; If you pay in cash, you need to print out a receipt for cash withdrawal from the bank or a reference to be 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.
3. The other party's property information: After the lender applies to the court for compulsory enforcement, and the other party claims that it is unable to repay the money, the lender can try to find out the property situation of the other party, mainly houses, cars, companies, etc., and provide effective clues to the court.
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.
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How to deal with borrowing money without an IOU: find a way to obtain other evidence of the existence of a borrowing relationship between the two parties, and then go to court to sue.
Evidence of borrowed money includes: providing evidence that the money was lent to the other party at the time, such as bank vouchers for transferring money to the other party; If you pay in cash, you need to print out a receipt for cash withdrawal from the bank or a reference to be present.
Legal basis] Article 56 of the Civil Code, the debts of individual industrial and commercial households, if they are operated by individuals, shall be borne by personal property; if it is run by a family, it shall be borne by the family property; where it is impossible to distinguish between them, they shall bear it as family property.
The debts of rural contracted business households shall be borne by the property of rural households engaged in rural land contract management; In fact, if it is operated by some members of the farmer's household, it shall be borne by the property of that part of the member.
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Summary. Hello dear <>
If someone else borrows money and doesn't pay it back, and there is no IOU, then you can try the following methods:1Negotiate with the borrower:
First of all, you can try to communicate with the other party to understand the repayment situation of the other party, find out the reason and seek a solution. If the other party is willing to repay, you can try to agree on a clear time and method of repayment, and record the agreement by email or text message for future verification. 2.
Contact witnesses: If anyone is present or knows about the loan relationship of the parties, they can ask the witness to come forward and explain the fact of the loan at that time and the borrower's failure to repay the loan, so as to strengthen the borrower's willingness to repay the loan to a certain extent. 3.
Someone else borrowed money and didn't pay it back? What to do if you don't have an IOU.
Hello. Hello dear <>
If someone else borrows money and doesn't pay it back, and there is no IOU, then you can try the following methods:1Negotiate with the borrower:
First of all, you can try to communicate with the other party to understand the repayment situation of the other party, find out the reason and seek a solution. If the other party is willing to repay the loan, you can try to agree on a clear time and method of repayment, and record the agreement by email or text message for future verification. 2.
Contact witnesses: If anyone is present or knows about the loan relationship of the parties, they can ask the witness to come forward and explain the fact of the loan at that time and the borrower's failure to repay the loan, so as to strengthen the borrower's willingness to repay to a certain extent. 3.
And it was the borrower who called us to lend him a loan.
It is recommended that you collect relevant evidence and then prosecute.
At that time, we couldn't handle the loan, so he personally called the bank staff and told the staff before handling it.
He himself has been taken away by the court, what evidence do we need to collect, chat records, transfer records, etc. can be used as evidence to prosecute Oh dear.
Do I need to sue at the borrower's place of residence? Still is.
You can sue in your local court or in the borrower's local court.
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The solution to the problem of borrowing money from others and not repaying it without an IOU: First negotiate with the person who borrowed the money indiscriminately, and if it doesn't work, you can only take some coercive measures. Of course, you can sue, but if there is not enough evidence to support your claim, the court may dismiss the claim.
Evidence to prove the plaintiff's claim. Such as contracts, agreements, creditor's rights documents (IOUs, IOUs, etc.), receipts and delivery vouchers, correspondence, etc.
Article 188 of the Civil Code of the People's Republic of China: Article 6868 The statute of limitations for requesting protection of civil rights from the people's court is three years. Where the law provides otherwise, follow those provisions. The statute of limitations period is calculated from the date on which the right holder knows or should have known that the rights of the state road have been damaged and the obligor.
Where the law provides otherwise, follow those provisions. However, where 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 of disparity, the people's courts may decide to extend the rights holder on the basis of the right holder's application.
If there is no repayment date, generally speaking, the repayment will be made within a reasonable period of time after the lender requests repayment, and you may need to consult the court or legal aid center for the specific period of repayment. If you want to sue, write a complaint, you are afraid that you will not write well, you can find a law firm to help you write, this fee is very low, the complaint seems to be an original, three copies or two copies, after writing, you can find a few more copies of the evidence to prove this matter, together with the complaint to the court filing division, and then pay the litigation fee according to the subject amount according to the regulations, that is, how many percent of 15,000 yuan, I don't know much. >>>More
So when you don't pay back the money borrowed from WeChat, what evidence do you need to get the money back? Chat records, transfer records, and proof of identity information are usually required to prove the loan relationship between the two parties. If the other party's WeChat name is just a screen name, and you can't prove that it's him/herself, it's hard to get the money back!
If you're sure that the money won't come back, call yourself a mouthful. >>>More
Take the right path.
Because it is a friend who borrows money, we should be generous when we ask for money, because our money is borrowed in advance, so we should be bold enough to ask for it back, instead of being embarrassed, or thinking of some crooked ways, but let things worse. >>>More
Most of them did not prosecute because of the powerlessness of the law, and only the first major case was prosecuted, which was actually the appropriation of other people's property, which is the clearest, and our law has no way to do it. Borrowing money to repay money cannot be maintained by the basic and basic foundation of the law. Take this example like this! >>>More