What should I do if I don t get back the money I lent to my friends?

Let's see if the friendship on your side is still worth your pity, if it doesn't exist, and it's really a lot of borrowing, then go directly to get it, if not, you can record it, find all the evidence, and go to the court to get it back.

In fact, it is usually said that money doesn't matter, but sometimes friends fall out for money, I think if you think the money is easy to earn, you give it to him, if it is not easy, please come back, because this is your sweat in exchange, it is also considered to be a friend to see clearly, in the future when you encounter such a thing to be more careful!

It depends on whether you have money and don't pay it back, or you don't have money to pay it back. Find out why the other party didn't pay it back. Also consider what kind of relationship you want to have with him or her in the future.

Once you know it, you can use the corresponding method to get the money back, if the reasonable method does not work. Then tear your face and sue in court.

If it's less, forget it, and remember not to lend him money in the future. If the amount is large and he does not pay it back, he can find his family, but if he can't do it, he will have to file a lawsuit.

You can find a friend to get the money back through reasonable channels, you can go to his house to find him, and if he still doesn't give it, you can go through the legal route.

If it's me, I don't want it, and my friends don't need it, with a few dollars, see a person clearly, it's good!

Although you may not be able to come for a while, it is useful for you to ask the other party to write down an IOU and remind you from time to time.

It is to tell him directly that he is really short of money, and then let him know that he must get the money back.

At this time, he should actually contact him with friends around him, hoping to let him return his money to himself.

Legal analysis: If the money lent to a friend is not returned, you can first apply for pre-litigation property preservation, and then apply to the court to issue a payment order against the debtor to require the debtor to repay the debt; If the debtor does not repay, he can file a lawsuit with the court, and generally needs to submit IOUs or IOUs and other proofs that can prove the loan relationship between the two parties. If the court decides that the loan relationship between the parties is established, the lender can apply for enforcement of the court judgment within 2 years.

Legal basis: Civil Procedure Law of the People's Republic of China

Article 101: Where an interested party's lawful rights and interests will be irreparably harmed if they do not immediately apply for preservation due to an urgent situation, they may apply to the people's court for the place where the property subject to preservation is located, the domicile of the respondent, or the people's court with jurisdiction over the case before initiating a lawsuit or applying for arbitration. The applicant shall provide a guarantee, and if the applicant does not provide a guarantee, a ruling shall be made to reject the application. After the people's court accepts the application, it must make a ruling within 48 hours; Where a ruling is made to employ preservation measures, enforcement shall begin immediately.

Where the applicant does not initiate litigation or apply for arbitration in accordance with law within 30 days after the people's court adopts the preservation measures, the people's court shall lift the preservation.

Article 216:After accepting an 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 of accepting the creditor's rights and debts, if the creditor's rights and debts are clear and lawful; 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.

Legal analysis: If the money lent to others is not returned, the lender can apply for arbitration or directly file a lawsuit, and the parties need to pay attention to the legal conditions for filing a lawsuit are that the plaintiff must have a direct interest in the case, have a clear defendant, and have specific litigation claims, facts and reasons, etc. If you lend money to a friend or don't come back, you can solve the problem in the form of a lawsuit.

For private loans with regular repayment, the statute of limitations is two years from the date of expiration of the repayment period, and if the repayment period expires, the right to request protection from the people's court will be lost. For private loans with regular repayment, if the debtor fails to perform the debt after the expiration of the agreed period and issues an arrears note with no repayment date, the statute of limitations shall be deemed to have been interrupted, and the statute of limitations shall be recalculated from the day after receiving the arrears note.

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.

Article 120:Prosecutions shall be submitted to the people's courts, 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.

The way to deal with lending money to others or not getting it back is as follows: the creditor first makes a reminder; and where they still do not repay after being demanded, they may apply to a basic-level organization for mediation; If mediation fails, a lawsuit may be filed with the court; If the parties have signed an arbitration agreement or arbitration clause, they may apply to an arbitration institution for arbitration.

Regarding the situation of not paying back the money owed, I believe that most people have encountered it more or less, maybe under normal circumstances, the amount is relatively small, only dozens of hundreds, if you go to the court to sue for a few hundred dollars, everyone will feel that it is too cost-effective, and the time and energy consumed far exceed the hundreds of dollars, so when the amount is small, it is generally gone, and when the amount is large, everyone will pay attention to it.

1. Under normal circumstances, the following materials should be submitted when filing a lawsuit:

1) An original copy of the complaint, with copies according to the number of defendants;

2) Proof of the qualifications of the parties (including plaintiffs, defendants, third parties, etc.);

3) Evidence of the Court's jurisdiction;

4) Other evidence.

2. Payment of litigation fees.

The litigation fees shall be paid in advance by the plaintiff at the time of filing the lawsuit, and the issue of bearing the litigation fees shall be determined according to the circumstances of the case after the conclusion of the case. If the defendant loses the lawsuit, the defendant shall bear all the legal costs; If both parties win, the costs are to be shared between the parties or to be determined by the court.

The following conditions must be met for a prosecution:

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 basis

Article 674 of the Civil Code of the People's Republic of China The borrower shall pay interest within the agreed period. Where there is no agreement on the time limit for the payment of interest or the agreement is not clear, and it is still uncertain in accordance with the provisions of Article 510 of this Law, and the loan period is less than one year, it shall be paid together with the return of the loan; If the loan period is more than one year, it shall be paid at the end of each year, and if the remaining period is less than one year, it shall be paid together with the return of the loan. Article 675: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.

What if I don't get my money back?

The ancients had a saying: "It is natural to repay debts". But in modern times, as long as the money is lent out, then it is the uncle who owes the money, and the grandson who borrows the money.

For a long time, it has never been easy to get back the money you have lent, but in fact, you have not learned to defend your rights with the law. I believe that the money that has not been returned will definitely be fruitless just by lip service, and at this time we need to rely on the power of the law.

For the old man, going to the court to sue him is the most effective option.

The materials that need to be prepared for prosecution are:

Complaints. A copy of the plaintiff's ID card.

IOUs, transfer records, or chat logs (evidence) that prove debts

The defendant's identity card number (to identify the person).

You can also consult your local court.

Some people say then what if I don't have evidence and his ID number? Don't worry, I'll teach you a few tricks to get it easily.

So how do you prove that he owes you Qian Xiaoliang jujube? All you have to do is send him a message: When will the xx yuan you owe me be paid?

He just had to admit the fact that he owed money. Generally, the old lai's routines are: no money, bitter meat schemes, delaying tactics, and so on.

If you encounter someone who directly does not admit that you owe you money, then it is time for you to reflect on your own problems.

As for the ID number, it is also very simple, if you hire a lawyer, he will cleverly open a way to help you find it, here is a small way to check it yourself, as long as you know the birthday of the other party, you can find it. First apply for Alipay disclosure (Alipay - customer service - tell customer service that you want to apply for identity disclosure), which will tell you the first six digits and the last two digits. With an eight-digit ID number plus eight birthdays, there are only two ** (first) from the police station of the place of household registration, and finally go to 12306 to add passengers, a little trial and error, I tried it out in ten minutes.

The important thing is to be patient)

Now you can sue the people's court, the litigation fee within 10,000 yuan only needs 25 yuan, (the court will charge half according to the summary procedure) If the other party does not appear in court, it will be directly according to the default judgment, and after the judgment takes effect, you can take the effective judgment and apply to the court for enforcement. If the other party has money in ZFB, VX, or bank card, it will be directly taken away by the People's Bank of China, and at the same time, high consumption will be restricted, and children's education will be restricted.

In the case of the other party defaulting on the arrears and not repaying the arrears, if there is evidence, you can write a complaint for the change of interest, take the identity certificates and copies of the evidence of both parties, and go to the court to sue, the court will support it, and if you win the lawsuit, you can apply to the court for enforcement.

If the person subject to enforcement fails to perform the obligations set forth in the legal document in accordance with the enforcement notice, the people's court has the right to inquire about the property of the person subject to enforcement, such as deposits, bonds, shares, and shares.

The people's courts have the right to seize, freeze, transfer, or sell the property of the person subject to enforcement on the basis of different circumstances, and the people's court's inquiries, seizure, freezing, transfer, or sale of property must not exceed the scope of the obligations that the person subject to enforcement shall perform.

Article 188 of the General Provisions of the Civil Code stipulates that the statute of limitations for filing a request to the people's court for 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, where more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not protect them; If there are special circumstances, the people's court may decide on the extension of Kaimoxiao on the basis of the right holder's application.

First of all, do you have that IOU? This is more important. If there is a medium ruler, it must be directly communicated with a friend, and if he is not good, he can sue the court.

If you don't have an IOU, you can get the bank's statement, or you are the transfer certificate on your Alipay WeChat, which can also be sold to ask him for it. If he doesn't give it no matter what method you use, then you can only sue.