I lent out 3,000 yuan and can t get it back, how can I go through the legal process? Thank you

This is a typical private loan, it is a civil case, write a civil complaint, indicate the original defendant's name, ID card, address, ** and other basic information, the litigation request is written to require the other party to return all the principal and interest, the facts and reasons are clearly written on the reason for the loan, the process of your repayment, and the fact that the other party is overdue and has a bad attitude.

Prepare the complaint, a copy of the original defendant's ID card, the loan contract and the IOU, all in triplicate, and then go to the court where the defendant is located to file the case.

At that time, explain to the staff who filed the case and hand him the materials, and he will file them after the trial, and then you can go to pay the legal fee, and then wait for the summons**.

Hehe, the process is: write the complaint--- go to the court to file the case, pay the litigation fees and evidence--- wait for **---**--- court to issue the first-instance judgment--- if there is an appeal, you also need to wait ------**--- the court issues the final judgment) - apply for enforcement - end of enforcement. Each link is a lot of problems for the layman.

The statute of limitations for IOUs is calculated from the date of repayment, and if you do not claim that the other party repay the money after two years, you will lose the chance to win the lawsuit. During this time, you must have evidence that you have asked for a loan, but call logs alone are not enough.

Your IOU is estimated to have exceeded the statute of limitations, and the best strategy to adopt now is to ask the other party to write a new IOU and tell him that he does not need to rush to repay the money, so that he can let down his guard and go to court as soon as he gets a new IOU.

3,000 yuan can't go through the legal process, so let's negotiate a settlement.

Lawyer analysis

1.Negotiate with the borrower to obtain the details of the other party's resistance to damage, and the debt can be appropriately extended or reduced.

2.If the borrower has a tough attitude and does not cooperate with the active sale of acres to repay the arrears, he can file a lawsuit in the court to settle itWhere the borrower has money but refuses to return it after the judgment of the court, he may be investigated for criminal responsibility for the crime of refusing to enforce the judgment or ruling.

Legal basis

Article 675 of the Civil Code.

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 313 of the Criminal Law.

where there is a capacity to enforce a people's court's 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; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine.

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 solution to the non-repayment of 2,000 yuan is as follows: 1. If you owe 2,000 yuan and do not repay it, the creditor can find the borrower to negotiate and let the other party repay the money; 2. If the other party owes 2,000 yuan and does not pay it back, the creditor can apply for arbitration to deal with the arrears; 3. The creditor can directly file a lawsuit with the people's court to require the borrower to repay the loan. 1. If the other party owes money and does not pay it back, the process of suing is as follows:

1. First of all, the indictment should be written, and if it is really difficult to write, the indictment can be filed orally; 2. Then you should bring the evidence and the indictment to the court to file the case and pay the litigation fee; 3. After the court's review, the court will make a decision on whether to accept it, and if it is accepted in accordance with the law, it will be tried; 4. In the end, the court will make a judgment according to the specific circumstances of the person. 2. The consequences of not paying back the money are as follows: 1. The money owed will not be sued by the other party; 2. If the court does not repay the money after the judgment is made, it may constitute a crime and constitute the crime of refusing to execute the ruling.

All in all, if you owe 2,000 yuan, you can not negotiate first, and if you can't negotiate with the debtor to repay the loan, you can apply to the mediation committee for mediation or file a civil lawsuit with the people's court. If the other party owes money, it can still go to the court to sue, and if it still does not pay it back after the court judgment, it can apply for compulsory enforcement.

If the borrowed money is not returned, it may file a lawsuit with the court or apply for a payment order, and the parties may apply for arbitration if the arbitration agreement is delayed. According to article 3 of the Civil Procedure Law, the provisions of this Law shall apply to the people's courts accepting civil lawsuits brought by citizens, legal persons, other organizations, and between them on the basis of property and personal relations. Article 93 stipulates that the people's court hearing a civil case shall, on the basis of the principle of the parties' voluntariness and on the basis of clear facts, distinguish right from wrong and conduct mediation.

Article 2 of the Wuwuli Arbitration Law stipulates that contract disputes and other disputes over property rights and interests between citizens, legal persons and other organizations that are equal subjects may be arbitrated.

Article 3 of the Civil Procedure Law: The provisions of this Law shall apply to the people's courts accepting civil lawsuits brought by citizens, legal persons, other organizations, and between them due to property and personal relationships. Article 93:People's courts hearing civil cases are to distinguish right from wrong and conduct mediation on the basis of the principle of the parties' voluntariness and on the basis of clear facts. Article 2 of the Arbitration Law provides that contract disputes and other disputes over property rights and interests between citizens, legal persons and other organizations that are equal subjects may be arbitrated.

Summary. If the debtor refuses to repay, the creditor may sue to protect its rights. IOUs can be used as evidence; 2. Prosecution process:

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.

If the debtor refuses to repay, the creditor may sue to protect its rights. IOUs can be used as evidence; 2. Prosecution process: When a party files a lawsuit, the party should first submit the indictment, and submit the corresponding number of copies according to the number of the opposing party.

If the parties are citizens, the names, genders, and addresses of both parties shall be clearly stated; 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.

If you sign an IOU or something, you can get it back. If not, then basically not coming back.

How to get it. When you borrow money, you ask the other party to make an IOU.

Target. That doesn't prove that you borrowed money from him. It's okay if you have chat history. There is a little room for redemption.

There is a chat history.

But if you don't mention it in the chat, this 1500 is borrowed. That won't work either.

If all are satisfied, go to civil mediation.

1500 mentioned

Then you can go through civil mediation.

But I think you should go to his relatives or friends and ask him to pay it back.

You can do this by keeping evidence of the relevant borrowing.

Go to court to sue to get back the money you owe.

In this case, if you go to ask for it, and he has been cheating, you can ask a lawyer for consultation, and then provide the chat history and transfer records at the time as a basis, or if you have an IOU at that time, you can use the IOU as a basis to sue him directly, and you will be forced to return the money.

But tell the other party that you need money urgently, and find a way to pay me back

This can only come according to him.

Ask more.

If you can't do it, follow him.

Because only the cheeky will get X

There is no other way.

Ask for it every week and a half a month, and there is no way to meet the lazy.

It's hard to come across a shameless one.

It is possible to file a lawsuit in court.

Basic Procedure:Bring the complaint you wrote, your ID card, and evidence of non-payment of arrears to the court to apply for a case.

Cost:It is necessary to pay a litigation acceptance fee, and if the amount involved does not exceed 10,000 yuan, 50 yuan shall be paid.

Litigation acceptance fees as stipulated in the Measures for Payment of Litigation Fees:

Article 13: Case acceptance fees are to be paid in accordance with the following standards:

1) In property cases, according to the amount or value of the litigation claim, it is to be paid cumulatively in accordance with the following proportions:

1.If it does not exceed 10,000 yuan, 50 yuan shall be paid for each piece.

There is no IOU, and other evidence can be gathered. If there is evidence, it can be prosecuted, and if there is no evidence, it cannot be prosecuted.

You should first find a way to collect evidence, and if you have other evidence, you can prosecute.

If there is other evidence such as witnesses, remittance records, etc., to prove the existence of the fact of borrowing, the lawsuit can be filed.

If the complaint is filed with the court, the advance litigation fee of 50 yuan for the subject amount of less than 10,000 yuan shall be halved if the summary procedure is applied.

If you can't find this person, will the court help you find it? I also have friends who have borrowed money and can't pay it back, but they can't find anyone.