The borrowed money has never been exchanged, and I want to use the legal process

You can apply to the court to start the supervision process, and the court will issue a payment order, and the other party can enforce it if the other party does not repay the debt and does not raise an objection after the 15th day.

Legal basis: Civil Procedure Law.

Article 191 Where a creditor requests the debtor to pay money or valuables, it may apply to the basic people's court with jurisdiction for a payment order if the following conditions are met:

1) The creditor and the debtor have no other debt disputes;

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

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

Article 193 After accepting the application, the people's court shall, after examining the facts and evidence provided by the creditor, issue a payment order to the debtor within 15 days from the date of acceptance if the creditor's rights and debts are clear and legal; If the application is not sustained, a ruling shall be made to reject it.

The debtor shall pay off the debt within 15 days from the date of receipt of the payment order, or submit a written objection to the people's court.

If the debtor does not raise an objection and fails to perform the payment order within the period specified in the preceding paragraph, the creditor may apply to the people's court for enforcement.

Sue the borrower, but whether there is an agreed repayment time for the borrowed money, and if so, it depends on whether the repayment period has been exceeded for consecutive years, and if so, then there needs to be evidence that the repayment has been claimed from it within the due time. If there is no agreed term for the loan, it is not subject to the statute of limitations. Prosecution is the best option.

You can apply to the court for a payment order, and if the other party does not object for 15 days, you can apply for enforcement.

You can also sue directly, but there must be evidence, and if the statute of limitations has expired two years after the repayment date, the court will not accept it.

This one needs evidence, oh, try it.

Legal analysis: 1. Write a complaint in the name of the company's individual; 2. Submit the complaint and provide evidence (IOUs, other written evidence) to the court where the defendant is located; 3. Pending trial, the court will conclude the trial of ordinary cases within 6 months, and if the trial cannot be completed within 6 months, it may be extended by 6 months with the approval of the president of the court; 4. After the judgment takes effect, if the other party does not repay the money, it can apply to the court for compulsory enforcement (if the other party has no money, it can apply for preservation of the other party's house).

Prosecution process: 1. When a party files a lawsuit, the indictment should first be submitted, and the corresponding number of copies should be submitted 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. According to"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 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 submitting documentary evidence to the court, the parties shall fill in 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.

4. Within seven days after the parties have completed the necessary formalities and submitted all relevant evidence, the case filing tribunal 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 seven 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, postponement or exemption within the prepayment period.

6. After the case filing procedures, the case will be scheduled by the court, and the parties shall obey the court's work arrangements, and settle the litigation costs in the financial office after the case is concluded.

Legal basis: Article 119 of the Civil Procedure Law of the People's Republic of China: 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 procedures for non-repayment of borrowed money: First, the lender files a lawsuit with the court and submits the complaint and evidence for the demolition; It is then up to the court to decide whether to accept it; If the court decides to accept it, the trial will be conducted again, and the parties will make statements and cross-examine the evidence; In the end, it is up to the court to decide. If the court decides not to accept it, it will make a ruling of inadmissibility.

[Legal basis].

Article 120 of the Civil Procedure Law of the People's Republic of China.

A complaint 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.

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.

Article 139.

The parties may present new evidence in court.

Article 148.

The people's courts are to publicly announce judgments in all cases that are tried in public or not in public. Where the verdict is announced at court, the written judgment shall be sent within 10 days; Where the judgment is periodically announced, the written judgment is to be issued immediately after the judgment is announced. When the judgment is pronounced, the parties must be informed of their right to appeal, the time limit for appeal, and the court of appeal.

The following procedures are generally required to file a lawsuit if you owe money:

1) Write an indictment;

2) Bring evidence and indictment to the court to file a case and pay litigation fees;

3) The trial process of the court mainly includes: reading out legal discipline, opening remarks, asking whether to recuse themselves, whether the inquiry materials have been received, court investigation stage (specifically including the plaintiff's statement, the defendant's defense, the plaintiff's presentation of evidence, the defendant's cross-examination, the defendant's presentation of evidence, the plaintiff's cross-examination, and the judge's questioning), the courtroom debate stage, the final statement stage, checking the record after leaving the courtroom, and announcing the judgment. Among them, the more important ones are the court investigation and court debate stage.

In the investigation stage of the legal source judgment Sun Ting, the more important thing is the cross-examination. During the debate stage, the parties may elaborate their own views around the focus of the case and fully exercise their right to defense. After the conclusion of the court debate, the mediation is conducted under the auspices of the judge, and the parties may voluntarily reach a mediation agreement, and if a mediation agreement cannot be reached, the judge shall make a decision on the hail chain.

4) Enforcement of judgments. If the losing party does not take the initiative to perform the obligations set forth in the effective judgment document, the winning party may apply for compulsory enforcement in accordance with law.

1. Can't a friend call the police if he borrows money?

Public security organs are mainly responsible for criminal cases and public security management. The arrears are not civil debt disputes, and the parties can resolve them through negotiation, litigation, arbitration, and mediation. If the arrears are not repaid, they are not within the scope of police management and cannot be dealt with by the police.

However, if one party defrauds others of property in the name of borrowing, it may constitute the crime of fraud, and then you can report it to the police. For the vast majority of loan cases, you cannot report to the police, you can only go through litigation, or you can send a lawyer's letter to assert your rights.

2. How to sue if the personal arrears are not repaid.

If the loan term has expired and the lender has not repaid the loan after being urged by the lender, the lender may file a lawsuit with the people's court in accordance with the law to protect its legitimate rights and interests. According to the laws of our country, the new statute of limitations can be recalculated from the date of interruption, so that the lender not only has the right to sue, but also can continue to have the right to win the lawsuit, which is conducive to protecting the legitimate rights and interests of the lender.

When filing a lawsuit, the creditor should pay attention to collecting the following evidence: evidence about the debtor's subject qualifications, contracts or agreements, delivery notes (must be signed by the debtor), consignment notes, IOUs and various settlement bills, etc., and other telegrams, faxes, letters, etc. related to the arrears should be properly kept. Evidence that has already been collected should be promptly provided to the people's courts.

For evidence that may extinguish the fire due to special circumstances or is difficult to obtain in the future, an application may be made to the people's court for evidence preservation in a timely manner; For those evidence that cannot be collected on their own for objective reasons, they may promptly apply to the people's court for investigation and collection.

Hello, how to go through the legal process if the borrowed money is not repaid, if the debt has matured, you can ask the other party to immediately return the arrears and interest, if there is an actual economic loss caused by this, you can ask the other party to compensate. If there is an agreement on the interest of private loans, it shall be handled in accordance with the agreement, and the agreed interest shall not be higher than four times the interest of the bank loan for the same period. If there is no agreement on the interest, the other party can agree to pay according to the bank's loan interest for the same period.

However, if the other party does not agree, then in practice the court will usually not support it. There are many ways to recover arrears, such as negotiating with the other party and asking for payment, and negotiation is a good way. If the negotiation fails, you can appoint a lawyer to send a lawyer's letter to the other party.

The lawyer's letter can play the role of reminder and warning to the debtor, urging the other party to repay the loan in a timely manner, bear the liability for breach of contract, etc., which is much more convenient than the judicial channel, but the lawyer's letter is not mandatory, and if the other party refuses to return it, it is still necessary to file a lawsuit in the end. If you can't find someone to sue the court, the court will announce the service of a default judgment, and you can provide the court with clues about the other party's property, such as a vehicle, house or deposit in the name of the other party, and apply for enforcement, freeze and auction the above property to repay your debts. If there is an IOU, an IOU can be used as evidence, and if there is no IOU, other evidence, such as a loan agreement, bank transfer records, ** recordings, witness testimony, etc., can prove the fact of arrears and the amount of arrears.

The statute of limitations for creditor's rights and debts disputes is 2 years, calculated from the date on which the infringement was known or should have been known.

Legal analysis: borrowing money can not also go through the following legal procedures: 1. Apply for pre-litigation property preservation; 2. Submit an indictment; 3. Submit materials to the court; 4. The case filing division of the court decides whether to accept it; 5. The parties pay the case acceptance fee and other litigation fees in advance; 6. The court shall schedule the case**, and the parties shall obey the various work arrangements of the court, and settle the litigation costs in the financial room after the case is concluded, and refund the excess and make up for the deficiency.

For private loans with regular repayment, if the debtor fails to perform the debt after the expiration of the agreed period and issues a note of arrears without a repayment date, the statute of limitations shall be deemed to have been interrupted, and the statute of limitations (3 years) shall be recalculated from the day after receiving the note of arrears. Private loans with irregular repayment, that is, private loans without indicating the date of repayment, are not subject to the statute of limitations, but are subject to a maximum protection period of 20 years.

Legal basis: Article 119 of the Civil Procedure Law of the People's Republic of China Article 119 A lawsuit must meet the following conditions:

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.

Derivative question: Won't you go to jail if you borrow money Borrowing money is not a civil dispute, and it generally does not involve criminal liability and will not go to jail. However, if the debtor borrows money and fails to repay it, is sued by the creditor, and refuses to perform the court judgment after winning the lawsuit, the creditor may apply to the court for compulsory enforcement and provide evidence that the debtor has property but does not repay the money, then the debtor may be suspected of the crime of refusing to execute the judgment or ruling, and be investigated for criminal liability in accordance with the law.