If you don t pay back the money you borrowed, you can t find it, and you have an IOU

Parties may protect their rights by filing a civil lawsuit.

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.

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.

6. After the case filing formalities, the case shall be scheduled by the court**, and the parties shall obey the various work arrangements of the court, and settle the litigation costs in the financial office after the case is concluded, and refund the excess and make up for the deficiency.

Borrower, lender, borrower's signature, date of borrowing, amount borrowed, repayment period (can be uncertain), etc.

In addition, if there is only an IOU, it is not easy for the court to decide. There is a loan relationship and there must be a loan payment, which can only be judged by a transfer voucher or a cash payment certificate.

It is troublesome for the borrower to find and not have an IOU, but he can still collect evidence to prosecute. Other evidence that can be gathered. Such as the person who can prove the creditor's rights and debts.

This can be someone else who knows about the loan at the time to prove the creditor-debtor relationship. After the court files the case, the court may make a default judgment after the relevant legal documents are served through the public notice and the creditor's rights and debts are determined.

Legal basis] Article 92 of the Civil Side Complaint Litigation Law, where the whereabouts of the person to be served are unknown, or the delivery cannot be made by other means specified in this section, the announcement shall be served.

After 60 days from the date of issuance of the announcement, it will be deemed to have been served by Youfu.

Where the public notice is served, the reasons and process shall be noted in the case file.

If you can't find anyone after borrowing money, you can file a lawsuit with the court by preparing litigation materials and collecting the following evidence, and the court will announce the service of a default judgment, and you can provide the court with clues about the other party's property, such as the vehicle, house or deposit in the name of the other party, apply for enforcement, freeze and auction the above property, and use it to repay your debts. If there is an IOU, an IOU can be used as evidence, and if there is no IOU, other evidence, such as bank transfer records, ** recordings, witness testimony, etc., can prove the fact of arrears and the amount of arrears. The materials to be prepared are as mentioned by His Majesty Bona (1) There is an ID number of the other party, and the case cannot be filed without an ID number, let alone a trial and judgment, and the premise of the realization of the creditor's rights is not a transfer or an IOU, and there is an ID number of the other party!

If there is a copy of the other party's ID card, it is better (2) IOU, with the signature of the other party, as documentary evidence, is very effective. (3) Human witnesses: In the case trial, the other party may cross-examine its own evidence, and in order to ensure the sufficiency and foolproofness of the evidence, it is essential to find witnesses. If there are other people present to witness the loan, then these people can be found to prove the claim.

4) Evidence of the other party's property.

1. What should I do if I tear up the IOU and want to repay the debt?

Witness testimony and cell phone messages can be used as evidence to sue for money back.

If there is no IOU, the parties may collect relevant evidence such as transfer records, chat records, ** recordings, witness testimony, etc., and file a civil lawsuit with the people's court to require the other party to repay the arrears.

When filing a civil lawsuit, you need to prepare: a civil complaint, a copy of the other party's ID card, a list of evidence and evidentiary materials (i.e., evidence of the other party's arrears).

Article 447 of the Civil Code of the People's Republic of China provides that if the debtor fails to perform the debts due, the creditor may retain the movable property of the debtor that has been lawfully possessed and has the right to be repaid in priority for the movable property. The creditor provided for in the preceding paragraph is the lienholder, and the movable property in possession is the property in lien.

Legal Analysis: Prosecution of Hu Beigao. (1) Where there is an IOU, IOU or contract, if the negotiation fails, a lawsuit may be filed with the court to demand that the other party be paid; If there is no IOU, IOU or IOU, it is recommended to collect evidence to prove the fact of arrears, such as witness testimony, remittance vouchers, audio recordings and other evidence; (2) If no one can be found, the court may announce service or a default judgment; (3) If the other party does not pay after winning the lawsuit, apply to the court for compulsory enforcement.

Legal basis: Article 675 of the Civil Code of the People's Republic of China The borrower shall return the loan within the agreed time limit. Where there is no agreement on the term of the loan or the agreement is not clear, and it is still uncertain in accordance with the provisions of Article 510 of this Law, the borrower may return it at any time; The lender may demand the borrower to return it within a reasonable period of time.

Article 678 The borrower may apply to the lender for an extension of the loan period before the expiration of the repayment period; If the lender agrees, it can be extended.