What to do with those who owe money and don t pay it back

The parties may file a civil lawsuit to protect their rights and request the court to order the other party to bear the corresponding liability for payment.

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.

Call the police and find a lawyer to sue him.

Now there is a special method for the lai, the court has a list of dishonest people, and he can't do airplanes and high-speed trains when he goes out in the future.

What should I do if I encounter someone who owes money and does not pay it back?

Legal analysis: For those who owe money and do not pay it back, they can negotiate first, and if they can't negotiate, they can sue the court to demand the return of the arrears. Bei Kai Legal basis: Article 119 of the Civil Procedure Law of the People's Republic of China stipulates that a lawsuit must meet the following conditions: imitation.

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) Dachai is within the scope of civil litigation accepted by the people's court and has jurisdiction over the people's court receiving the lawsuit.

Legal Analysis: For those who owe money and do not pay it back, you can apply to the court for a payment order to protect your rights. The application for payment instructions is called a supervisory procedure in litigation and applies to both monetary and valuable debts.

The creditor's rights and debts relationship between the parties shall be clear, and the creditor shall have sufficient evidence such as IOUs and IOUs. One party only enjoys rights, the other party only bears obligations, and the two parties have no claims and debts to each other.

Legal basis: Civil Code of the People's Republic of China

Article 667 A loan contract is defined as a contract in which the borrower borrows money from the lender and returns the loan at maturity and pays interest.

Article 679:The time of the establishment of a loan contract between natural persons, and the time when the loan contract between natural persons is formed when the lender provides the loan. In the provisions of the High People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases, it is clearly stated that if the lender requests the borrower to pay interest at the interest rate agreed in the contract, the people's court shall support it, except where the interest rate agreed upon by both parties exceeds four times the one-year loan market interest rate at the time of the conclusion of the contract.

Article 580 of the Civil Code of the People's Republic of China: Where one of the parties fails to perform a non-monetary debt or the performance of a non-monetary debt does not conform to the agreement, the other party may request performance, except in any of the following circumstances:

1) Legally or factually unable to perform;

2) the subject matter of the debt is not suitable for compulsory performance or the cost of performance is excessive;

3) The creditor does not request performance within a reasonable period of time.

Where there are any of the exceptions provided for in the preceding paragraph, resulting in the inability to achieve the purpose of the contract, the people's court or arbitration institution may, at the request of the parties, terminate the contractual rights and obligations, but this does not affect the assumption of liability for breach of contract.

You can go to the people's court to file a lawsuit. If a debt dispute arises due to the debtor's non-payment of debts, there are many ways to resolve the dispute, such as negotiation, mediation, arbitration and litigation.

Applying for a payment order is one of the effective ways to recover the amount owed. If the creditor requests the debtor to pay money or valuables, and meets the following conditions, it may apply to the basic people's court with jurisdiction for a payment order:

1. The creditor and the debtor have no other debt disputes.

2. The payment order can be served on the debtor.

3. The application shall clearly state the amount of money or valuable money requested and the facts and evidence on which it is based.

The creditor orders the debtor to pay off the debt within 15 days from the date of receipt of the payment order, or submits a written objection to the people's court. If the debtor does not raise an objection and fails to perform the payment order within 15 days, the people's court may apply according to the creditor's application.

It can be seen that the biggest advantage of applying to the people's court for a payment order to recover the arrears is that the time is short and the effect is quick. Of course, if the debtor of the Keestro empty party submits a written objection to the people's court within the statutory time, it must be handled through litigation procedures. This can be a good protection for creditor's rights in debt disputes.

1. What are the consequences of refusing to enforce the judgment.

According to article 313 of the Criminal Law, a person who refuses to enforce a judgment or ruling of a people's court but has the ability to enforce it, and the circumstances are serious, is to be sentenced to fixed-term imprisonment of not more than three years, short-term detention or a fine; where the circumstances are especially serious, a sentence of between one and seven years imprisonment and a concurrent fine is to be given.

Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph.

The following situations are situations of "refusal to enforce the ability to do so, and the circumstances are serious":

Where the person subject to enforcement conceals, transfers, or intentionally destroys property, or transfers property without compensation, or transfers property at an obviously unreasonable low price, making it impossible to enforce the judgment or ruling;

Where the guarantor or the person subject to enforcement conceals, transfers, intentionally destroys or transfers property for which security has been provided to the people's court, making the judgment or ruling unenforceable;

After receiving the people's court's notice of assistance in enforcement, the person with the obligation to assist in enforcement refuses to assist in enforcement, making it impossible to enforce the judgment or ruling;

Where the person subject to enforcement, the guarantor, or the person assisting in enforcement conspires with the staff of a state organ to use the authority of the staff of the state organ to obstruct enforcement, making it impossible to enforce a judgment or ruling;

Other situations where there is the ability to enforce but refusal to do so, and the circumstances are serious.

Legal analysis: It is best to protect rights through litigation. In the case of litigation to protect rights, the corresponding evidence should first be collected, including:

IOUs, transfer records, and web chat records with the other party, including audio and video recordings. As long as the evidence is complete, the evidence can be submitted to the court at the time of prosecution, and as long as the evidence is sufficient and the evidence is legitimate, the court will generally support the litigation claim, which is in the litigation stage of the case.

At the later stage of the litigation stage, the court will make a corresponding judgment, and after the judgment takes effect, you can apply to the court for enforcement with the judgment. In the process of enforcement, clues about the property of the person subject to enforcement can be found in various ways: including bank information, real estate information, vehicle information, and corresponding information.

As long as clues about the other party's property can be provided during the enforcement of the case, the enforcement judge can be requested to seal the property of the person subject to enforcement. Generally speaking, as long as the property of the person subject to enforcement is sealed, it will be very easy to subsequently enforce the arrears. Therefore, for how to deal with people who owe money and do not pay it back, my suggestion is that everyone should solve it through litigation, including the legitimate rights and interests of Xiangli Tomb through the law in the execution stage of the case.

Legal basis: Article 671 of the Civil Code of the People's Republic of China If the lender fails to provide the loan on the agreed date and amount, causing losses to the borrower, it shall compensate for the losses. If the borrower fails to collect the loan on the date and amount specified in the agreement, it shall pay interest on the date and amount agreed upon.

Legal analysis: For the kind of person who owes money and does not pay it back, the debtor can sue the court to demand the other party to repay the loan, and after the court makes a judgment in accordance with the law, apply to the court for compulsory enforcement.

Legal basis: Civil Code of the People's Republic of China

Article 392:Where the secured creditor's rights are secured by both real and personal security, and the debtor fails to perform the debts due or the parties agree to realize the security interest, the creditor shall realize the creditor's rights in accordance with the agreement; If there is no agreement or the agreement is not clear, and the debtor provides security for the thing, the creditor shall first realize the creditor's right on the security of the thing; If a third party provides security in kind, the creditor may realize the creditor's rights in respect of the security in rem, and may also request the guarantor to bear the guarantee liability. The third party providing the guarantee has the right to recover from the debtor after assuming the guarantee liability.

Article 511:Where the parties are not clear about the content of the relevant contract and cannot be determined in accordance with the provisions of the preceding article, the following provisions apply:

1) If the quality requirements are not clear, they shall be performed in accordance with the mandatory national standards; where there are no mandatory national standards, they shall be performed in accordance with the recommended national standards; If there is no recommended national standard, it shall be performed in accordance with the industry standard; If there is no national standard or industry standard, it will be performed in accordance with the usual standard or specific standard that meets the purpose of the contract.

2) If the price or remuneration is not clear, it shall be performed in accordance with the market ** of the place of performance at the time of conclusion of the contract; If the ** pricing or ** guide price shall be implemented in accordance with the law, it shall be performed in accordance with the provisions.

3) If the place of performance is not clear, and the currency of the partner is paid, the place where the party receiving the currency is located; If the immovable property is delivered, it shall be performed at the location where the immovable property is located; Other subject matter shall be performed at the location of the party performing the obligation.

4) If the time limit for performance is not clear, the debtor may perform at any time, and the creditor may also request performance at any time, but the other party shall be given the necessary time for quasi-staring.

5) If the method of performance is not clear, it shall be performed in a manner conducive to the realization of the purpose of the contract.

6) Where the burden of performance costs is not clear, the party performing the obligation shall bear the burden; The creditor shall bear the performance costs increased due to the creditor's reasons.

Article 188:The statute of limitations for requests to the people's courts for the 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 where there are special circumstances, the people's courts may decide to extend the rights holder on the basis of the right holder's application.

Legal analysis: If the money owed is not repaid, the parties may file a civil lawsuit with the people's court to demand that the other party repay the arrears. When filing a civil lawsuit, you need to prepare:

Civil complaint, a copy of the other party's ID card (or a business license for enterprises), a list of evidence and evidentiary materials (i.e., evidence of the other party's arrears).

After the people's court receives the prosecution materials, it will decide whether to accept or file the case within seven days. If it is inadmissible, a ruling will be made; If they are not satisfied with the ruling, they may file an appeal.

After the case is accepted, a time will be arranged for the trial. Where the ordinary procedures are applied, the people's court will conclude the trial within six months from the date on which the case is filed, and where there are special circumstances, it may be extended upon approval, and will issue a notice of postponement of trial.

At the conclusion of the trial, the people's court will make a judgment in accordance with law and issue a civil judgment; The verdict will state the verdict and the reasons for the verdict.

If the parties are not satisfied with the judgment, they may appeal to the people's court at the level above within 15 days of receiving the judgment.

Legal basis: Civil Code of the People's Republic of China

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 673: If the borrower fails to use the loan in accordance with the agreed purpose of the loan, the lender may stop disbursing the loan, withdraw the loan in advance, or terminate the contract.

Civil Procedure Law of the People's Republic of China

Article 149:People's courts applying the ordinary procedures shall conclude trial within 6 months of filing the case. Where there are special circumstances that require an extension, it may be extended for six months with the approval of the president of that court; and where an extension is still necessary, it is to be reported to the people's court at the level above for approval.

Article 164:Where parties are dissatisfied with the first-instance judgment of a local people's court, they have the right to appeal to the people's court at the level above within 15 days of the judgment being served. Where a party is dissatisfied with a local people's court's first-instance ruling, it has the right to appeal to the people's court at the level above within 10 days of the date on which the ruling is served.