There is an IOU of 130,000, and the other party does not pay it back, what should I do?

1. Court of Jurisdiction. Private lending disputes can be directly filed with the court where the plaintiff is located, and is not limited to the court where the defendant is located.

2. Burden of proof. In private lending cases, in addition to the original price of the IOU to be submitted to the court, it is also necessary to submit evidence to prove that the loan has been delivered. If it is less than 100,000 yuan, the statement to the judge that it was delivered in cash can be admissible; If it is more than 100,000 yuan, it is best to submit a transfer voucher.

Combined with the fact that the IOU amount in the question is 130,000 yuan, the author suggests that it is best to submit the transfer voucher.

1. If someone owes me more than 100,000 yuan without an IOU and does not repay the money, I can sue, provided that there is evidence and it is within the statute of limitations.

2. Evidence includes IOUs, recorded source sounds, payment vouchers, etc., and the IOUs should be original and cannot be altered or copied in any way.

3. If the repayment date is indicated, the statute of limitations shall be within three years from the date of expiration of the IOU; If there is no repayment date, you can request repayment at any time, within three years from the date of the first recovery.

4. After the court makes a judgment, if the other party cannot apply to the court for compulsory enforcement, the debtor can also be detained if he maliciously defaults. In the event of the death of the debtor, it may be paid off from his estate.

If the parties sue without a suspicion of arrears, they can choose some other things as evidence, such as audio recordings, payment vouchers, etc. In other words, in an IOU lawsuit, the IOU is not the only evidence, and of course its probative force is certainly stronger than other evidence.

1. Can I sue if there is no IOU and there is a transfer record?

There is no IOU and there is a transfer record that can be sued, but the plaintiff bears the burden of proof.

1. Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases

Article 17: Where a plaintiff initiates a private lending lawsuit solely on the basis of a financial institution's transfer voucher, and the defendant argues that the transfer is to repay the previous loans or other debts of both parties, the defendant shall provide evidence to prove his claim. After the defendant provides relevant evidence to prove its claim, the plaintiff shall still bear the burden of proof for the establishment of the loan relationship.

2. Civil Procedure Law

Article 64: Burden of proof and authority to explore.

It is the responsibility of the parties to provide evidence for their own claims. The people's court shall investigate and collect evidence that the parties and their litigants are unable to collect on their own for objective reasons, or evidence that the people's court finds necessary for the trial of the case. The people's courts shall comprehensively and objectively review and verify evidence in accordance with the procedures set forth by the Law University.

The most effective and common way to file a lawsuit is to file a lawsuit. The most important thing in litigation is that there must be evidence, so the evidence must be preserved. An IOU is a note written to the other party, and it is the most powerful evidence for a stupid and pure lawsuit.

However, if the IOU is not written in a standardized manner, so that the other party has time to drill and loses its probative power, it may not be able to win the lawsuit.

Legal basis

Article 188 of the Civil Code stipulates that the statute of limitations for filing a request to the people's court for protection of civil rights is three years. Where the law provides otherwise, follow those provisions. The limitation period is calculated from the date on which the right holder knows or should know that the right has been damaged and the obligor.

Where the law provides otherwise, follow those provisions. However, if more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not grant protection, and if there are special circumstances, the people's courts may decide to extend the period on the basis of the right holder's application.

Summary. 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.

Someone else owed me 70,000 yuan without an IOU, and finally the two privately negotiated to repay 30,000 yuan, and also made an IOU of 30,000 yuan, and the other party was still 5,000 yuan short of repayment, saying that this person owed me 70,000 yuan without an IOU, and finally the two privately negotiated to repay 30,000 yuan, and also played 30,000 yuan IOU, and the other party was still 5,000 yuan short of repayment, saying that he would repay me 4,000 yuan this month, I don't want to wait for whether I can unilaterally break the contract, and then sue for 70,000 yuan, is it counted and valid?

Hello, I am helping you to inquire about the relevant information, I will reply to you immediately, please wait.

No, because it has been agreed verbally, it can only be to recover the remaining money, and it cannot be reversed.

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.

Summary. First of all, you have to collect information The evidence you can think of includes screenshots of WeChat transfer records The later negotiation is not beneficial to you, since it is 35,000 and only 30,000 IOUs, the 5,000 only have oral agreements, and do not have legal effect. It is recommended that you use WeChat first, or you can leave a screenshot of the evidence to type and confirm with him first, this 5000 or this 4000, when will you pay it back What year, day and month did you promise to pay me back, when will the thousands of yuan be returned When he admits to confirm the repayment on which day, remember to save the evidence before suering.

Someone else owed me 70,000 yuan without an IOU, and finally the two privately negotiated to repay 30,000 yuan, and also made an IOU of 30,000 yuan, and the other party was still 5,000 yuan short of repayment, saying that this person owed me 70,000 yuan without an IOU, and finally the two privately negotiated to repay 30,000 yuan, and also played 30,000 yuan IOU, and the other party was still 5,000 yuan short of repayment, saying that he would repay me 4,000 yuan this month, I don't want to wait for whether I can unilaterally break the contract, and then sue for 70,000 yuan, is it counted and valid?

First of all, you have to collect information The evidence you can think of includes screenshots of WeChat transfer records The later negotiation is not beneficial to you, since it is 35,000 and only 30,000 IOUs, the 5,000 only have oral agreements, and do not have legal effect. It is recommended that you use WeChat first, or you can leave a screenshot of the evidence to type and confirm with him first, this 5000 or this 4000, when will you pay it back What year, day and month did you promise to pay me back, when will the thousands of yuan be returned When he admits to confirm the repayment on which day, remember to save the evidence before suering.

Or in the form of ** recording, be sure to let the other party clearly state the amount, so that it can be legally recognized as evidence. Confirm whether his mobile phone number is his real name in the early stage, remember the front and back of the ID card, as the primary condition for prosecution, must be kept**.

The solution to the borrower's non-repayment when the IOU is due: collect relevant evidence to prove that the debt is true; Go to the court to file a lawsuit and apply for pre-litigation property preservation; court prosecution, case filing, court hearing, and judgment; After winning the lawsuit, if the other party does not repay the money within three years of the judgment taking effect, it can file an enforcement lawsuit with the court, and if the other party does not enforce it.

Article 675 of the Civil Code provides that the borrower shall return the loan within the agreed time limit. If there is no agreement on the term of the remaining loan or the agreement is not clear, and it is still uncertain in accordance with the provisions of Article 500 of this Law, the borrower may return the loan at any time; The lender may demand the borrower to return it within a reasonable period of time.

You can ask the other party to sign an IOU to clarify the cost of the loan.

If the other party refuses, it is advisable to gather any evidence that can prove that he is borrowing. For example, transfer records, chat recordings, etc. For your benefit, it is advisable to take relevant measures as soon as possible so that the statute of limitations does not expire.

1. The judicial organs handle cases on the basis of facts and the law as the criterion; Without evidence to prove the existence of facts, it is difficult to win the lawsuit.

2. The evidence provided for in the Civil Procedure Law includes documentary evidence, physical evidence, witness testimony, statements of the parties, audio-visual materials, inquest records, etc.

3. You can collect as much evidence as possible to prove the facts according to the above evidence provisions.

4. The principle of proof stipulated in the Civil Procedure Law is that the parties bear the burden of proof for their own claims, but the other party does not need to present evidence if they expressly admit their claims.

The above opinions are for reference.