-
After the court mediates, you will have a civil mediation letter, and you can apply to the court for enforcement with this legal document.
-
You can go to the prosecution.
Employees who are in arrears of wages, do not pay wages, or have their wages deducted can file a complaint, which should be the Human Resources and Social Security Bureau. You can also file a complaint with the Labor Bureau's Inspection Brigade.
Due to the failure to pay labor remuneration on time, the employee can apply for termination of the labor contract and labor relationship, and demand economic compensation. The worker may file a complaint with the local labor inspection administrative department, and the labor inspection brigade shall order the employer to pay wages. Where the labor arbitration conclusion is refused, it may apply for compulsory enforcement.
Article 85 of the Labor Contract Law: In any of the following circumstances, the labor administrative department shall order the employer to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable
1) Failing to pay the labor remuneration of the worker in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state;
2) Paying wages to workers at a rate lower than the local minimum wage standard;
3) arranging overtime work without paying overtime pay;
4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.
-
If the parties do not agree to negotiate repayment, the judge will review the debtor based on the debtor's financial situation and may ask the debtor to provide evidence about his financial situation. If the debtor is unable to provide valid evidence, the judge may order the debtor to repay the debt by the original repayment deadline, and there may be penalties for interest and other expenses due to starvation. In addition, the judge may ask the debtor to provide evidence about his or her financial situation so that the judge can judge whether the debtor is able to repay the debt by the original repayment period.
If the debtor is unable to provide valid evidence, the judge may order the debtor to repay the debt within the original repayment period, and there may be penalties for interest and other expenses.
-
If the repayment request is rejected, the user can cash out some of the assets to pay off the overdue debt, or borrow money from friends and relatives to pay off the overdue debt. As long as the repayment is made as soon as possible, then the negative impact of overdue can be minimized. If you don't repay the loan after the deadline, the negative impact of the overdue record will be greater and greater.
It is normal for the user to apply for negotiation repayment, and the negotiation fails, and the user still needs to repay the loan as soon as possible after the negotiation fails, and it is not that the negotiation fails and there is no need to repay.
Extended Information] Consequences of Loan Repayment:
1. The bank collects the arrears and sues you.
In accordance with the provisions of the loan contract and the guarantee contract, the lending bank will file a lawsuit with the court, and the court will take measures such as property preservation, including freezing the deposits in all bank accounts of you and the loan guarantor (your bank account, including the funds in the online virtual transaction accounts such as Alipay, mobile payment, WeChat payment and so on, also belongs to the scope of the property of the person subject to enforcement that can be enforced by the court). If you fail to repay the loan in time, all your online payment platform accounts will be frozen), and your pledged property will be seized.
After the judgment is handed down, the property (deducting deposits, auctioning off collateral, etc.) will be enforced in accordance with the law to pay off the bank's loan losses. Specifically, it includes: loan principal, loan interest, overdue interest and penalty interest, as well as all litigation costs arising therefrom, and related expenses incurred in the realization of the disposal of mortgages (pledges).
Second, credit will be greatly affected.
1.If the company is the borrower, your company will be recorded in the national bank credit consultation system, and the loan in the name of the individual will also be recorded as overdue in the national personal credit consultation system. If the lender doesn't expunge the record for you, you may not be able to borrow money from all the banks in the future.
2.Natural persons whose debtors have been included in the list of judgment defaulters by the people's courts at all levels across the country will be subject to credit punishment and must not serve as the legal representative, director, supervisor or senior management of any company nationwide. In addition, the vehicle of the debtor is not allowed to go on the highway, and the high-speed rail will be blocked when traveling to buy air tickets.
What are the consequences? So what to do?
When it comes to banks suing lenders, many people who can't afford to repay their loans are worried about going to court or going to jail. Don't be so flustered, generally speaking, you won't go to jail if you can't afford to pay back the money you owe to the bank.
At first, the bank will not be so rude and will communicate with you first.
After the loan expires, in the short term, the bank will notify the lender to repay the loan by means of ** call. If the lender still fails to repay the loan, the bank will send a special person to negotiate and settle the loan. But you must not deceive, if there is fraud during the loan period, you are suspected of loan fraud.
-
Summary. If you do not agree to negotiate repayment, you can seek negotiation with a third party, such as a bank, lawyer, arbitration and other institutions. If you negotiate repayment, but the other party does not agree, you can consider the following aspects:
1.Understand the other party's reason: Find out why the other party does not agree to negotiate repayment, whether it is because the other party has another repayment plan or for other reasons.
By understanding the other person's cause, it may help to find a better solution. 2.Come up with a reasonable repayment plan:
According to your ability to repay, propose a reasonable repayment plan, and explain it clearly to the other party, hoping that the other party can accept it. If the other party does not refute, the repayment can be made. 3.
Seek third-party negotiation: If the parties cannot reach an agreement, they can seek third-party negotiation, such as banks, lawyers, arbitrators, etc., to reach a fair and reasonable solution.
If you do not agree to negotiate repayment, you can seek negotiation with a third party, such as a bank, lawyer, arbitration and other institutions. Sui Duan let negotiate repayment, but the other party is not old-fashioned, you can consider the following aspects:1
Understand the other party's reason: Find out why the other party does not agree to negotiate repayment, whether it is because the other party has another repayment plan or for other reasons. By understanding the other person's cause, it may help to find a better solution.
2.Propose a reasonable repayment plan: Propose a reasonable repayment plan according to your ability to repay, and explain it clearly to the other party, hoping that the other party can accept it.
If the other party does not refute the guess, you can repay the loan. 3.Seek third-party negotiations:
If the parties cannot reach an agreement, they can seek a third party to negotiate, such as banks, lawyers, arbitrators, etc., to reach a fair and reasonable solution.
If the other party does not agree to negotiate the repayment, it may be necessary to consider resolving the issue through legal means. You can consult a lawyer to understand your rights and legal responsibilities, and choose the appropriate legal means to solve the problem. It should be noted that when negotiating repayment, you should remain calm, rational and patient, and ensure that your legitimate rights and interests are not harmed.
-
Legal analysis: The creditor should keep the real evidence, such as the arrears and IOUs, and the records of exchanges, and when the normal collection is still not possible after many normal demands, it must file a lawsuit with the court within the statute of limitations. After the court judgment takes effect, it may apply to the court for compulsory enforcement.
If it is found that the debtor has the ability to enforce the judgment but refuses to do so without justifiable reasons or if there is evidence to prove that the debtor has evaded the transfer of property, the debtor will be punished.
Legal basis: Article 313 of the Criminal Law of the People's Republic of China: Where a people's court has the ability to enforce a judgment or ruling but refuses to do so, and the circumstances are serious, a sentence of up to three years imprisonment, short-term detention, or a fine is to be given.
Civil Procedure Law of the People's Republic of China》 Article 111: Where litigation participants or other persons exhibit any of the following conduct, the people's courts may impose fines or detention on the basis of the severity of the circumstances; Where the crime of key sources is constituted, criminal responsibility is pursued in accordance with law: Concealing, transferring, selling, or destroying property that has been sealed or seized, or property that has been inventoried and ordered to be kept, or transferring property that has been frozen; Refusal to perform on a judgment or ruling of a people's court that has already taken effect.
-
Summary. Hello <>
If the parties cannot reach an agreement during the negotiation process, the judge will make a judgment in accordance with the relevant legal provisions. According to article 185 of the Civil Procedure Law of the People's Republic of China, the parties may settle on their own or apply to the people's mediation committee for mediation, but if the mediation is unsuccessful or the parties do not agree to mediation, they may file a lawsuit in the people's court. Therefore, if the parties do not agree to negotiate the repayment, the other party can choose to file a lawsuit in court.
What will happen if the judge does not agree to negotiate repayment.
Hello <>
If the parties cannot reach an agreement on which stool to negotiate the repayment, the judge will make a judgment in accordance with the relevant legal provisions. According to Article 185 of the Civil Procedure Law of the People's Republic of China, the parties may settle on their own or apply to the People's Mediation Committee for mediation, but if the mediation is unsuccessful or the parties do not agree to mediation, they may file a lawsuit with the People's Court. Therefore, if the parties do not agree to negotiate the repayment, the other party can choose to file a lawsuit in court.
If the parties are unable to reach an agreement, if one party wants to seek judicial relief, it may file a lawsuit with the people's court. In the course of the litigation, the court will make a ruling or judgment based on the evidence of the parties and the status of the property, and require the defendant to perform the repayment obligation in accordance with the time and manner specified in the judgment. If the defendant is still unable to fulfill the repayment obligation in accordance with the judgment, enforcement measures will be taken, such as sealing and seizing the property.
At the same time, the defendant's refusal to repay the loan may affect his credit history and have a negative impact on his future social interactions and financial activities.
Dear, is there anything else you don't understand? Tell me more about your situation and I'll answer for you. <>
-
The creditor should keep the real evidence, such as the arrears and IOUs, and the records of exchanges, and when the normal collection is still not possible after many normal demands, it must file a lawsuit with the court within the statute of limitations. After the court judgment takes effect, it may apply to the court for compulsory enforcement. If it is found that the debtor has the ability to enforce the judgment but refuses to enforce the judgment without justifiable reasons, or if there is evidence to prove that the debtor has transferred property to escape, the debtor will be punished.
1. What should I do if my friend doesn't repay the money he borrows.
Negotiate privately and ask the other party to repay the loan, or invite a third party to mediate to resolve the dispute; If the negotiation fails, the creditor needs to file a lawsuit in the court. After the court judgment takes effect, it may apply to the court for compulsory enforcement. If it is found that the debtor has the ability to enforce the judgment but refuses to enforce the judgment without justifiable reasons or there is evidence to prove that the debtor has evaded by transferring property, the debtor needs to bear the corresponding legal responsibility.
Second, the money owed to me has no contract and no errand travel IOU" can I sue.
OK. You can win a lawsuit without a contract or IOU, and you can still sue without an IOU. However, in order to be supported by the judgment of the people's court, in addition to the debtor's own admission, the creditor must provide corresponding evidence, otherwise it will bear the risk and responsibility of losing the lawsuit.
In the absence of an IOU (IOU), it is recommended that when the creditor collects some evidence through some means, it can be determined by the debtor's self-admission, such as negotiating with the debtor, through audio recording or other records; Ask the debtor in writing and ask the other party to sign for confirmation, etc. Then it can be resolved by going to the court for litigation, and this kind of claim must be resolved as soon as possible, and there may be a possibility that the statute of limitations may be exceeded.
3. The most effective way to deal with civil servants who owe money and do not pay it back.
Creditors should keep real evidence such as arrears and IOUs, loan IOUs, etc., and try to communicate with their unit leaders to help collect debts if they still can't do it after repeated reminders. If it is still invalid, it must be filed with a court of competent jurisdiction within the statute of limitations.
Article 313 of the Criminal Law of the People's Republic of China provides for refusal to enforce a judgment or ruling of a people's court where the person has the capacity to enforce it, and the circumstances are serious, is to be sentenced to up to three years imprisonment, short-term detention or a fine.
Article 111 of the Civil Procedure Law of the People's Republic of China: Where litigation participants or other persons commit any of the following acts, the people's courts may impose fines or detention on the basis of the severity of the circumstances; where a crime is constituted, criminal responsibility is pursued in accordance with law: concealing, transferring, selling, or destroying property that has been sealed or seized, or property that has been inventoried and ordered to be kept, or transferring property that has been frozen; Refusal to perform on a judgment or ruling of a people's court that has already taken legal effect.
-
Summary. Hello dear! If you do not agree to negotiate repayment, the court will usually pay the entire debt within a time limit.
If the creditor is able to repay but refuses to pay, the creditor may apply for enforcement. But enforcement does not go to jail because civil liability does not involve criminal issues. If the defendant fails to perform the court's repayment judgment, he may apply to the court for compulsory enforcement, and the court will take enforcement measures against the other party, such as freezing the bank account in the name of the person subject to enforcement, seizing the real estate and vehicles under his name, restricting the party's high consumption, such as not being able to take planes, high-speed trains, etc., and can also detain him.
Hello dear! The following is the legal basis I have compiled for you: Article 233 of the Civil Procedure Law If the people's court fails to enforce the application for enforcement for more than six months from the date of receipt of the application for enforcement, the person applying for enforcement may apply to the people's court at the next higher level for enforcement.
Upon review, the people's court at the level above may order the original people's court to enforce within a set period of time, and may also decide that the court to enforce it or order another people's court to enforce it.
Hello dear! If you do not agree to negotiate repayment, the court will usually pay the entire debt within a time limit. If the creditor is able to repay but refuses to pay, the creditor may apply for enforcement.
But enforcement does not go to jail because civil liability does not involve criminal issues. If the defendant fails to perform the court's repayment judgment, he may apply to the court for compulsory enforcement, and the court will take enforcement measures against the other party, such as freezing the bank account in the name of the person subject to enforcement, seizing the real estate and vehicles under his name, restricting the high consumption of the parties, and being more cautious than taking a plane or high-speed train, etc., and can also detain him. Hello dear!
The following is the legal basis I have compiled for you: Article 233 of the Civil Procedure Law If the people's court fails to enforce the application for enforcement for more than six months from the date of receipt of the application for enforcement, the person applying for enforcement may apply to the person at the next higher level to accompany the Xiaoming Civil Court for enforcement. After review, the people's court at the level above may order the original people's court to enforce within a certain period of time, and may also decide that the court will enforce it or order another people's court to enforce it.
Hello dear! What's going on?
After paying back Huabei, the total amount is less than 50 yuan, which belongs to Huabei's interest expense. >>>More
Clause. 1. After the car is parked for a long time, the oil in the engine flows back into the oil pan at the bottom of the engine. Therefore, when the engine is started after a long period of inactivity (e.g. overnight), the upper part of the engine is in a state of lack of oil and lubrication. >>>More
Hello, first of all, confirm whether the tire pressure is normal, if the tire pressure is normal, through the tire pressure monitoring button to reset the tire pressure. >>>More
It depends on the contract. The annuity of an insurance product is usually limited to a specific age of the insured.
Then you are asking the right person, FAW-Volkswagen recently launched an A0-class SUV model, the Tacqua Tanying, which is favored and liked by the majority of young consumers. >>>More