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Hello dear, I'm glad to answer for you! If the other party owes money and does not pay it back, the most effective way is to realize the creditor's rights by suing.
You can go to the court where the debtor's household registration is located or the court where the contract is performed to file the case first. The required materials are as follows:
1.If the plaintiff is a natural person, a copy of the ID card is required.
2.If the defendant is a natural person, a copy of the ID card or permanent resident information shall be provided, (if not, a lawyer shall be entrusted to help you check with the household registration department of the Public Security Bureau after preparing the litigation materials);
3.Copies of the list of evidence and supporting materials.
1) The evidence catalog indicates the name of the evidence, the evidence**, the purpose of the evidence, and so forth;
2) Evidence is divided into: physical evidence, documentary evidence (such as IOUs, IOUs, transfer vouchers, contracts, etc.), and electronic evidence (the legality and admissibility of electronic evidence must be maintained).
4.If the principal is also authorized, a power of attorney should be written. and the identification materials of ** people, etc.
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Hello, in this case, it is best to negotiate with the other party, if the negotiation fails, you can ask the other party's relatives and friends to help ask for money, or solve it through legal means. If the negotiation fails, you can sue the court. After the court judgment, if the other party does not repay the money, he can apply for enforcement and freeze his personal property, including bank accounts, WeChat Alipay, etc.
Hello! The situation that students borrow money and do not repay it can be solved in the following ways:1
Negotiate with the other party, and if the negotiation fails, you can sue the court. 2.An application for a payment order can be made to the court.
3.A lawsuit can be filed with the court to ask the court to order the other party to repay the arrears. 4.
A civil lawsuit can be filed in court. 5.An application for a payment order may be submitted to the people's mediation committee, which will mediate it.
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If you don't pay back the money owed by your classmates, don't worry as a creditorThe first thing you should do is negotiate with the other party about repayment. If the other party refuses to repay the loan, you can find a lawyer to question, then collect evidence, and finally appeal to the court. If the debtor still does not repay the money after the court judgment, then the creditor can apply to the court for enforcement, and the other party may be sentenced for the crime of refusal to execute.
Article 108 of the General Principles of the Civil Law stipulates that "debts shall be repaid." If it is temporarily unable to repay, the debtor may repay it in installments with the consent of the creditor or the ruling of the people's court.
and where they have the ability to repay and refuse to repay, the people's court shall make a judgment to compel repayment."
Evidence that needs to be submitted for private lending disputes.
1) Loan agreement or IOU;
2) If there is a guarantor in the loan relationship, evidence of the guarantee;
3) Proof of delivery and receipt of money by both borrowers and borrowers;
4) Proof of the purpose of the debtor's borrowing;
5) Proof that the debtor should pay interest;
6) If the creditor requires the debtor to repay the overdue interest, or the unscheduled interest-free loan is not repaid after being recalled, and the creditor requests the repayment of the interest after the reminder, there shall be evidence that it is not repaid when due or after being reminded;
7) If the debtor's whereabouts are unknown, there shall be relevant evidence to prove the authenticity of the creditor's rights certificate and the repayment of debts;
8) Proof of payment and interest.
The above content refers to: General Principles of Civil Law of the People's Republic of China - Chinese National People's Congress.
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Generally, if you borrow money and don't pay it back, you either forget it, or you don't have the money to pay it back, and there is a possibility that you don't plan to pay it back after borrowing. In these cases, you can first prompt the other party to say that you have no money to spend, ask the other party if they have any money to borrow, and the other party will remember. If the other party really doesn't want to pay it back, the other party will pretend that they don't understand, and they can ask the other party directly.
If you don't get it, you can only think that you are unlucky, and you are classmates, and you see each other every day, and you can't turn your face. Never lend money to this kind of person again next time.
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2) Be clear in person when the time comes.
3) When a friend refuses to repay the money, you can tell the other party to borrow money to deal with the emergency, and the amount borrowed can be about the same as the amount you lend out, which is naturally the best.
If the other party maliciously owes money and does not pay it back, you can bring the relevant loan certificate to the people's court to file a lawsuit, so that the court can judge the other party to enforce the debt. After the court judgment is issued, the parties can apply to the court for the other party to enforce the judgment.
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You can ask other students who have a good relationship to help remind him to see if he has forgotten. If he has money, but deliberately doesn't pay it back, then ask him directly, don't give him face.
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Both people have mutual friends and can let others point to him. A bad relationship can't be borrowed, and depending on the situation, it can also be said directly, and there are still few people who are unreasonable.
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I think it's to remind him first that if he still doesn't pay it back, he won't deal with him again, and he will never have a relationship.
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Tell the parents, the teacher, to make him stressed. Don't do this kind of thing about borrowing money in the future, eat a trench and grow wise.
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You can also borrow money from him when you are sleepy, and then tell him that the last time you borrowed mine, it was reversed.
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What should I do if my friend borrows money and doesn't pay it back? Simple and easy-to-learn small methods to remember, personal testing is effective!
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You can't call the police if you borrow money.
On the basis of equality and voluntariness, the parties shall reach a settlement agreement through friendly consultation, mutual understanding and mutual accommodation, and then resolve the dispute. Under the auspices of relevant organizations (such as people's mediation committees) or intermediaries, on the basis of equality, voluntariness, and legality, distinguish right from wrong, clarify responsibilities, and promote the parties to reach an agreement on their own through presenting facts and reasoning, so as to resolve disputes.
The parties to the dispute shall apply to the arbitration institution in accordance with the arbitration agreement or arbitration clause in the contract reached before or after the dispute, and the arbitration institution shall hear and make an award in accordance with the law, and the dispute shall be resolved through the parties' conscious performance of the award or the application of one party to the people's court for compulsory enforcement.
Precautions for borrowing money
The loan contract between natural persons can take effect as long as it involves the following points: (1) if the payment is made in cash, from the time the borrower receives the loan; (2) If the payment is made by bank transfer, online electronic remittance or through an online loan platform, the payment shall be made by the borrower or when the funds arrive at the account of the borrower; (3) If the bill is delivered, the state shall slip from the time when the borrower obtains the right to the bill in accordance with the law.
When borrowing, you first look at whether the borrower has any valuable assets, such as a house, a car, luxury goods, etc. When you sign the loan contract, you sign another contract at the same time, which probably means that if he can't pay back the money in the future, you can use his valuable things to pay off the debt, and the court can also support you.
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The most effective way for students to borrow money without blindly repaying it is to direct reminders, school processing, parent processing, legal aid, private mediation, etc.
1. Direct reminder.
If a student fails to repay the borrowed money, the person concerned may urge the student to return it within a reasonable period of time. If the other party refuses, the parties may apply for arbitration in accordance with the arbitration agreement signed.
2. Handling by the school.
If the student still does not repay the money after being directly urged, you can directly find the school for assistance and let the teacher and principal help you deal with this matter.
3. Parent processing.
If you have not repaid the loan after repeated reminders, you can find the parents of the classmates, inform the parents of the situation, and ask the parents to return the money they borrowed to you.
4. Legal aid.
If you can't solve the problem privately, it is recommended to find legal aid to get back the money that belongs to you more directly and effectively through legal channels.
5. Adjust privately.
If the student is unable to repay the loan because of insufficient arrears, he or she can consider deferring the repayment or reducing the repayment amount. <>
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If a classmate borrows money and does not repay it, he or she can negotiate with a classmate to settle it. If the negotiation fails, the creditor may file a lawsuit with the court. After the court judgment, if the student has the ability to enforce the judgment but refuses to enforce the judgment without justifiable reasons or has evidence to prove that he has evaded by transferring property, he may apply to the court for compulsory enforcement.
1. Won't borrowing money still be sentenced?
Failure to repay the borrowed money is generally a civil dispute and will not be sentenced. Once the creditor files a lawsuit with the court and wins, the debtor shall perform the court judgment during the performance period, and if it fails to perform, the creditor may apply to the court for enforcement. If the debtor refuses to enforce the judgment or ruling if he has the ability to repay, he is suspected of refusing to enforce the judgment or ruling.
Where a people's court's judgment or ruling is refused to be enforced on the basis of relevant national laws and regulations, 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.
2. How to deal with the failure to repay the borrowed money.
The handling of the loan and non-repayment of the loan is as follows: after the creditor files a lawsuit with the court, the court finds that the debt does exist after trial, and generally judges the defendant to lose the lawsuit.
After the plaintiff wins the lawsuit, if the other party fails to perform the court judgment within the performance period, it may apply to the court for compulsory enforcement. After accepting the compulsory enforcement, the court will inquire about the real estate, vehicles, ** and deposits in the name of the debtor in accordance with the law.
3. Whether the other party can sue if the other party borrows money and does not repay it.
The other party borrowing money can not also sue the court in accordance with the law. As long as the other party can provide information such as IOU, IOU, debtor's contact, and residence, the creditor can sue the court in accordance with the law. Due to the disappearance of the debtor, the court will summon the debtor to respond to the lawsuit in the form of public notice after the case is filed.
If the debtor does not come out to respond to the lawsuit after the expiration of the public notice, the court will make a default judgment. If the creditor wins the case after the default judgment, the court may pay off the debt for the creditor by auctioning the debtor's house or property.
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.
Legal analysis: If the relationship between friends is concerned, it is recommended to negotiate first, and if the negotiation fails, you can sue the court to claim the creditor's rights, and apply for enforcement after the judgment takes effect, and partially solve it through the real estate, vehicle, bank and other network inquiry and inspection and control systems. The Civil Procedure Law and other relevant provisions stipulate that compulsory measures such as detention, custodial summons, fines, inclusion in the list of dishonest people, and other compulsory measures may be taken against the person subject to enforcement, the purpose of which is to punish him for not performing the obligations of the effective documents of the people's court. >>>More
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