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See what your family can handle!
If the family is old and young, and there is no money, then don't talk about it.
After all, you said it, but it just made them more anxious, and they didn't have the ability to help you.
You have to find a way to repay the money yourself, one is to stop the credit card, don't buy any more money, second aunt, hurry up and find a few more jobs, or borrow one from a friend, try to repay the credit card early, because credit card repayment is compound interest, and the more you owe money, the more money you owe the money.
If the people in the family have a certain economic strength and their health is okay, you can tell the family about this, after all, the family, let them take the money to help you return the card first, but your habit of spending in advance must not say that you helped you this time, who will always help you next time? You can't always drag down your family.
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If you don't have the ability to pay it back, you should discuss it with your friends and relatives and ask them to help you pay it back first.
Because the credit card is overdue, the annual interest rate reaches 18%, and the interest rolls over, doubling in four years, and the further it goes, the more astronomical it is, the pressure is huge, and one day you will go bankrupt.
Credit card overdue is to go to the central bank's credit system, China must be a credit-oriented country in the future, credit is not good, it is difficult to move an inch. For example, after a few years, if you take out a loan to buy a house, you are not allowed to take out a loan without credit, and how many people in China can pay without a loan?
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You owe 70,000 yuan on a credit card outside, which is not a trivial matter. Where are you going to earn 70,000 yuan at a time! It's better to talk to your family and ask them to help you pay it back first. Earn your money slowly and then pay it back to them!
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Legal analysis: 1. If you don't pay back the money you owe to others, it is a civil dispute and will not be subject to criminal punishment.
2. However, after the creditor wins the lawsuit, if the court judgment is not fulfilled within the performance period, it can apply to the court for compulsory enforcement.
3. When the court accepts the compulsory enforcement, it will inquire about the real estate, vehicles, ** and deposits in the name of the debtor in accordance with the law;
4. Where there is the ability but refusal to enforce it, the legal basis for the suspected crime of refusing to enforce a judgment or ruling: Article 313 of the Criminal Law of the People's Republic of China: Where a people's court judgment or ruling is capable of being enforced 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.
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If someone owes me 10,000 yuan, I can file a lawsuit with the court, but the following conditions must be met: the party is the direct interested party in the case; There is a clear defendant; There are specific claims, facts, and reasons; and that the case is within the jurisdiction of the courts.
[Legal basis].Article 64 of the Civil Procedure Law of the People's Republic of China.
It is the responsibility of the parties to provide evidence for their own claims.
Article 119.
The following conditions must be met for a prosecution:
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.
Article 120.
A complaint shall be submitted to the people's court, and copies shall be submitted in accordance with the number of defendants.
Article 123.
The people's courts shall ensure the parties' right to sue in accordance with the provisions of law. Prosecutions that comply with article 119 of this Law must be accepted. Where the requirements for initiating litigation are met, the case shall be filed within 7 days, and the parties shall be notified; where the requirements for initiating litigation are not met, a written ruling shall be made within 7 days and not accepted; Where the plaintiff is not satisfied with the ruling, he may file an appeal.
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How much money owed can you sue? Professional lawyers will answer your questions!
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You can sue for a fee of 50 yuan.
If there is an agreement, it shall be agreed, and if there is no agreement, it is the location of the defendant or the place where the loan contract is performed.
Code of Civil Procedure.
Article 21: The people's court for the defendant's domicile has jurisdiction over civil litigation initiated against citizens; Where the defendant's domicile is inconsistent with the defendant's habitual residence, the people's court for the habitual residence has jurisdiction. The people's court for the defendant's domicile has jurisdiction over civil litigation initiated against legal persons or other organizations. Where the domicile or habitual residence of several defendants in the same litigation is in the jurisdiction of two or more people's courts, each people's court has jurisdiction.
Article 23: The people's court at the place where the defendant is domiciled or where the contract is performed has jurisdiction over litigation arising from contract disputes.
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Someone owes 10,000 yuan to him, and he can sue as long as he meets the conditions for prosecution.
Article 119 of the Civil Procedure Law stipulates that the following conditions must be met for a lawsuit:
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.
Article 120 of the Civil Procedure Law stipulates that a complaint shall be submitted to the people's court and copies shall be submitted according to the number of defendants.
Where it is truly difficult to write a complaint, the complaint may be filed orally, and the people's court will record it in the record and inform the opposing party.
If the evidence is clear and can clearly prove the fact of arrears, the court will order the debtor to repay the debt.
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First of all, of course, it is up to both of you to negotiate and settle the matter, and then sue the court if the negotiation fails. It is recommended not to alarm the other party before filing a lawsuit, first find out what kind of property he has that can be enforced, where these assets are hidden, and apply to the court for property preservation before suing, so as to prevent him from hiding or transferring his property to evade debts and bring difficult enforcement to the court.
When you win the case, during the enforcement period of the court, it is also necessary to see whether he has solvency, if the person has nothing but living needs, and the court enforcement presents a passive situation, the case will not be enforceable.
To ensure the effective recovery of your loans, it is not realistic to rely on the courts alone, but also on your wit. For example, when the court enforces, he really has no ability to repay, and the court encounters difficulties in enforcement, you should take the initiative to propose a feasible plan and ask the defendant to redraw a new set of repayment plans and repay them in installments. In this way, you can find the best chance of recovering the arrears at the end.
He always does not want to have no money for the rest of his life, or he always hides and hides money, but once one day he sees that he has the ability to repay, he first asks the court to take preservation measures against his property, so as to prevent him from evading debts and transferring his property again, which will bring the situation to the court again and make it difficult to enforce. Then you ask the court again for immediate enforcement, and that's the successful option.
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As long as you have enough evidence, you can sue him after consulting a lawyer. The point is that the money is too small, and the cost of a lawsuit is particularly high, so you need to find a professional to understand the cost.
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If the $100,000 is legal, and you have the deed you sue him entirely.
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Can be prosecuted.
It is best to call the police first.
Then it's about getting the evidence.
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Then your evidence, go to the people's court to file a civil lawsuit.
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Yes, but you have to provide evidence, such as an IOU.
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Send a lawyer's letter to remind you first, and sue if it doesn't work. However, it is necessary to prepare evidence in advance, and if there is an IOU, explain the reason for the formation of the IOU.
After entering the litigation process, the judge will mostly ask the reason for the formation of the IOU, and if the reason for the formation of the IOU is illegal, then the "creditor's right" is not protected by law. If there is no IOU, you can find a witness to testify in court, or make a recording when you ask him for money in person, but the recording should pay attention to the skills of the conversation, and it must reflect the subject and time of the conversation.
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Of course, you can file a lawsuit with the people's court where the other party is located.
Article 21 of the Civil Procedure Law: The people's court at the place where the defendant is domiciled has jurisdiction over civil litigation initiated against citizens; Where the defendant's domicile is inconsistent with the defendant's habitual residence, the people's court for the habitual residence has jurisdiction.
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It is impossible to solve the problem of not paying back the money owed by the police, and the failure to repay the money owed is an economic dispute and is not within the jurisdiction of the public security organs. If you owe money, you can also negotiate with the other party first, and if you agree that the installment repayment provider fails, you need to settle it through litigation. Because this is an obvious civil dispute, it is recommended to file a lawsuit with the people's court to recover the arrears.
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 the loan at any time, and the borrower may urge the borrower to return the loan within a reasonable period of time.
Article 119 of the Civil Procedure Law of the People's Republic of China provides that the following conditions must be met for a lawsuit:
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.
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Can I sue if I owe $10,000? Yes, if the negotiation fails, you can file a lawsuit in the local people's court.
Is it useful to owe money and not pay it back.
Arrears are civil disputes and are not subject to jail time. If you sue and win the lawsuit, the legal costs may be borne by the other party, but if the other party has no property to enforce, then your money cannot be recovered for the time being, and the court will suspend the enforcement and wait until the other party has property. That said, if you don't sue, your chances of getting your money back are zero, and there is at least hope of suing.
The role of non-payment of money owed.
1) If the other party has property, provide property clues, apply for property protection through litigation, and then apply for compulsory enforcement, so that you can obtain your own legal property reasonably and legally.
2) If the other party has no property, the other party does not have property, but the debt relationship can be clarified through litigation, and when the other party has money, it can be recovered in time.
3) It can have a certain legal deterrent to those who owe money, prompting them to repay the money as soon as possible.
In the process of litigation, you need to provide a complete chain of evidence, and if you can't collect it yourself, you can find a lawyer to help solve it.
There is only one situation where it is useless to sue if you owe money, that is, you cannot provide strong evidence to prove that the other party really owes money, in this case, even if you go to the court to sue, you cannot win the lawsuit, you cannot get the support of the court, and you will not be able to get the arrears in the end. Therefore, when lending money to others, it is necessary to have written materials as the basis for borrowing money, so as to prepare for the lawsuit when the other party does not repay the money in the future.
Ordinary debt collection methods.
Learn directly and collect debts in person.
Many debts are embarrassed to ask, resulting in the other party not paying back. The first step in debt collection is, of course, to ask questions directly and raise them in person. In this way, the other party can clarify the debt owed and express their intentions.
Written notice to avoid appeasement.
It is inevitable that economic disputes will arise when entering the market economy, but once they occur, we must strike resolutely. "If there is a dispute because of debts, we must resolutely take legal action to resolve it, and do not delay it again and again because of the small amount and the other party's verbal promises. In many cases of payment disputes, the final inability to recover the payment is caused by the parties' "appeasement and adultery".
Send a lawyer's letter to deter the debtor.
Before going to the court to file a lawsuit, it is also possible to send a lawyer's letter to the other party to give the other party a legal deterrent and achieve the goal of surrendering without a fight.
When someone owes me 10,000 yuan and wants to sue, I need to find a lawyer to help but I don't know where to look, so I can come and find a lawyer.
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