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Resolve issues through litigation.
Many people are reluctant to go to court because they feel "dishonorable". This perception should change. Litigation is one way to resolve disputes, and it is also a last resort when other methods cannot be exhausted. It is broadly divided into four steps:
1.pre-litigation property preservation;
2.Indict; 3.execution;
4.Conciliation. When the debtor refuses to repay the money, it needs to be resolved by legal means. However, when dealing with creditor's rights and debts, it is always more advantageous to use legal means.
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1. Settlement through negotiation.
Some debtors are not unwilling to repay the money, if this is the case, they can negotiate a settlement, write an IOU in time, and urge him to repay the loan as soon as possible.
II. Filing a lawsuit with the court in accordance with law to demand the return of the loan1. In the case of failing to collect the debt from the debtor, they may promptly file a lawsuit with the court to demand that the judgment defaulter return the loan, and protect their own rights and interests in accordance with law.
2. Apply to the court for compulsory enforcementAfter the court judgment wins, if the debtor refuses to implement the court judgment to repay the loan, it may apply to the court for compulsory enforcement in accordance with the law, and may apply for enforcement of the debtor's deposit in accordance with the Civil Procedure Law, or may apply for enforcement of its immovable property, and require the other party to pay double the interest on the debt or the delay in performance during the period of delayed performance.
In addition, the debtor's salary, only housing can be enforced according to special provisions, and if the debt is a joint debt of the husband and wife, it can also apply for enforcement of the debtor's spouse's property, apply for ** credit information, etc.
3. To grasp the information of judgment defaulters in a timely manner and prevent debtors from evading debts and encountering debts, we need to grasp their basic information, always pay attention to their major asset changes, know themselves and their opponents, and take necessary measures such as notifying the court in a timely manner when the other party intends to evade debts.
4. Filing a subrogation lawsuit with the court to enforce the property of the third party If the debtor has no property available for enforcement for the time being, and at the same time has a due creditor's right against the third party but neglects to exercise the right, then the main creditor can file a subrogation lawsuit with the court to apply for subrogation to enforce the property of the third party.
5. If the circumstances are serious, criminal liability shall be pursued in accordance with the lawArticle 538 of the Civil Code of the People's Republic of China, where the debtor disposes of property rights and interests free of charge by waiving its creditor's rights, waiving the guarantee of creditor's rights, transferring property free of charge, etc., or maliciously extends the performance period of its due creditor's rights, affecting the realization of the creditor's creditor's rights, the creditor may request the people's court to revoke the debtor's acts.
Article 539: If the debtor transfers property at an obviously unreasonable low price, transfers the property of another person at an obviously unreasonable price, or provides security for the debts of others, affecting the realization of the creditor's creditor's rights, and the debtor's counterpart knows or should know about the situation, the creditor may request the people's court to revoke the debtor's act.
If the other party does not repay the money, you can take the IOU, go directly to sue the other party, and then make a judgment, and the other party continues not to pay the money, and you can apply for enforcement. You can call the debtor more, as long as it makes the other party feel troublesome, then he may be able to repay the money. >>>More
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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
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. >>>More