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If there is an IOU.
or there is evidence of money owed, and the debt can be collected in accordance with the law. Buddhism respects the laws of the state and does not violate the precepts of Buddhism in collecting debts in accordance with the law.
If there is no IOU, no evidence of money, the debt is collected verbally, and if it is not collected, it is only regarded as charity.
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There are two ways, one is court litigation and the other is court mediation.
1. Preliminary preparations for a lawsuit with the court:
Filing a claim with a court with jurisdiction in the defendant's place of residence.
Before litigation, it is recommended to go to the provincial online litigation platform to take a look, and the materials that need to be prepared can also be used through online litigation.
Specific needs online: electronic version of the complaint (this can be created on the litigation platform), basic information of the plaintiff and the defendant, electronic version of evidence (IOU, if it is QQ or WeChat, you need to keep the original chat record evidence), and you and the other party's identity information (if you don't know the other party's ID number, fill in the basic information of the other party as much as possible, such as: unit, date of birth, address, etc.) and finally sign the court confirmation of service.
After the online lawsuit is submitted, the court will notify you that it has been approved within a week, and you will be asked to go to the court to send the paper version of the above pleadings, evidence, personal information, and confirmation of service to the court window.
2. Court mediation stage:
If the mediation is generally within 15 days, the court notifies both parties to come to the negotiation and issue a repayment agreement with legal benefits under the supervision of the court, which does not include liquidated damages and other causal losses caused by the borrower. If the other party does not return the goods within the date of the agreement, you can apply directly to the Executive Board for enforcement without going through the court trial.
The advantage is that it does not need to be heard by the court and the judgment is announced, which saves time, and the disadvantage is that it is suitable for general lending relationships and does not support liquidated damages.
Three: mediation failure, court trial, judgment stage:
If you are not satisfied with the mediation, you can still refuse, let the latter sign and wait for the transfer to the business court.
If the mediation fails, the business court will generally number your case within 7 days, divide it, confirm that the presiding judge will transfer it to the civil court, confirm with you, and inform you of the time, so that you can wait for the summons.
Generally, this ** time is more than 3 months.
If after the first instance, the other party is not present or still refuses to return, or the other party may appeal to the second instance (the other party's appeal to the second Sakura Nobu Hiroshi trial is generally deliberately delaying the time), the second instance generally upholds the original judgment, at this time according to the time of the original judgment of the first instance, you take the court judgment to the court executive bureau to apply for compulsory enforcement, this time is generally one or two months, the executive board will issue a consumption restriction order to the other party, ordering the other party to declare their own name within 30 days of the garage, bank deposits, valuables, financial management** Insurance, etc., and freeze all property in the name of the other party, and the Executive Directorate will confiscate the property of the other party for judicial auction, and judicially detain the other party. Spine book.
Finally, the court will return the money to you, and the general civil lawsuit will take 3 to 9 months from the time you submit the complaint to the judgment pronounced, and the court will execute this time, during which you do not need to hurry, you can add to the complaint that the defendant will bear liquidated damages and interest according to the existing bank loan interest rate.
Below**, I take the Henan Court Litigation Service Network as an example.
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For this kind of person who owes a few ears of money and does not pay it back, you can first find him to negotiate privately, if the negotiation cannot be resolved, you can ask the IOU concisely, he can help, for this kind of people who owe money and do not pay back, we should use laws and regulations to protect ourselves, we must learn to use it well, in order to protect ourselves, do not deal with people who owe money and do not pay back, and stay away from the old lai.
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When borrowing money, you need to clarify the time to repay the money and the countermeasures for not repaying the money, so that it will be easier to win the lawsuit when the lawsuit is chaotic or lost, so you need to legally get your legal property back through legal means.
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. Wow.
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.
However, you can apply to the court for enforcement, and you can even get compensation according to a certain amount of interest, and you can still get your money back.
3) It can create a certain legal deterrent to the person who owes the money, prompting him to repay the money as soon as possible.
Note: You must not claim your legal property through illegal means.
Obtaining through illegal means means obtaining one's legitimate rights and interests through improper means.
For example, if the other party is physically harmed by some coercive measures, this staring will constitute a crime, and he will be imprisoned, and the gains outweigh the losses.
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Those who owe money and don't pay it back, if they can't really afford it, they are stupid and have a problem with this product. Therefore, it is best to treat such people with respect, and not to have any dealings with them.
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You're welcome, he didn't pay back the money he borrowed, what are you doing with him to save face. It would be nice to collect evidence directly for prosecution. What is there to collect, all that can be collected is collected, and if you want to sue, identity information is more important, and this must be found on the sock recipe.
The judgment is followed by the indictment, which is still more troublesome, so you can consider finding a lawyer to help.
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There are the following ways to deal with people who owe money and don't pay back the sedan car:
1. Don't lend him money;
2. Tell everyone about your experience among friends;
3. Sue him;
4. Follow him every day;
5. Tell his friends and relatives about this, and ask them to help.
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Now Yu Kuan owes money in this society is the uncle, and it is more difficult to get money than to ascend to the sky. For this kind of person who owes the money and does not pay it back, they are all untrustworthy people, and there is no need to save him any face, directly sue and call the police. Dan code.
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It can only be resolved through court proceedings. Apply for compulsory enforcement after the judgment takes effect.
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At the beginning, it must be normal communication, and if you encounter an old man, you can only collect evidence and solve it through prosecution.
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For those who owe money and do not pay it back, you can try the following ways to protect your rights:
1. Try to negotiate with the other party. Negotiation can not only avoid the intensification of conflicts, but also facilitate the collection of evidence;
2. Send a written reminder letter to the other party, and entrust a lawyer to issue a lawyer's reminder letter, which will have a better effect, and the lawyer will be more professional in dealing with it, which can cause a certain legal deterrent to the other party. At the same time, it can also form strong documentary evidence, which is convenient for requesting money and subsequent processing;
3. Resolve the matter by filing a lawsuit with the people's court. If a lawsuit is filed with the court, it must be filed within the statute of limitations. In order to avoid the transfer of property by the debtor, an application for property preservation can be made as soon as possible after the case is filed.
The court makes a judgment or mediation based on the circumstances of the trial, and the mediation is conducted on the basis of the consent of both parties;
4. After winning the lawsuit, if the other party refuses to perform the performance, the winning party can apply to the people's court for compulsory enforcement, and the court will investigate the real estate, vehicles, ** and deposits in the debtor's name in accordance with the law after accepting the compulsory enforcement, and take compulsory measures.
Legal basis. Civil Procedure Law of the People's Republic of China
Article 120:The indictment shall be submitted to the people's court, and copies shall be submitted in accordance with 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. Since each case or dispute is different in the context of its occurrence and may be resolved in different ways, it is recommended that you consult a lawyer directly to explain the situation in detail and let the lawyer provide you with a solution.
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If it cannot be resolved through negotiation, it can only be resolved through court litigation. Wait for the judgment to take effect and apply for enforcement.
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Or the person who owes money has forgotten about it, and you can find a way to remind him. Remind him directly, or find a middleman to help remind him.
Or this person who owes money may really be unable to pay it back.
Or, if this person owes money and can't afford it, then he is not a true believer.
Debts are such things as having to be repaid sooner or later, and if they don't pay off in this life, they will have to be repaid in the next life. It's early.
But in reincarnation, debt is sometimes difficult to sort out. Some people have coaxed money in this life and resolutely refuse to pay it back, but they are asking for a debt from a previous life, but this debt, the person who collects the debt thinks it is a debt in the last life, and the person who is being collected does not think it is a debt in the previous life. For example, A casually says to B that you will be rewarded with 1,000 dollars when you go back and earn money.
But after a long time, A forgot about it, but B never forgot about it, and kept thinking about asking for the thousand dollars. This becomes a debt that has not been borrowed.
True Buddhist practitioners, make a vow like this: What I owe to sentient beings, I will be willing to repay; I don't want what sentient beings owe me. This is the practice of cutting off the bindings for the sake of the world.
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Amitabha. You didn't mean not to pay it back, the sin was very small. You don't have to think about your own mistakes, every time you think about it, it's like creating another sinful karma. Thinking about one's own mistakes every day, how can there be any reason not to fall into hell?
Do you have that thought, why don't you want Amitabha? Practitioners of the Pure Land sect are only allowed to think of Amitabha Buddha and only recite Amitabha Buddha. Reciting the Buddha will definitely lead to rebirth in the Elysian World, and you can recite the Buddha honestly.
The Buddha said, "With sincerity, recite Amitabha Buddha to destroy the eight billion great sins of life and death." ”
Amitabha, if you can't recite kung fu into a film, you can't count it as a Buddha.
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This is called depending on how much money you owe, if the amount owed is relatively huge, then, the other party may sue you, after suing you, the court will adjust, let you negotiate to repay the money, if you say not to repay, you may face more serious consequences.