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Private lending disputes may be promptly sued to demand repayment of the loan. Private lending refers to borrowing between citizens and between citizens and non-financial institutions. Private lending is a direct financing channel, while bank lending is an indirect financing channel.
Private lending is an investment channel for private capital and a form of private finance. Collect and retain specific and authentic evidence, such as debt bills, loan receipts, repayment agreements, etc.
Legal analysis. If the flow rate is much lower than the minimum flow rate to ensure accuracy, it will result in no output (e.g., vortex flowmeter) or the output signal will be cut off as a small signal (e.g., differential pressure flowmeter), which is unfavorable and unfair to the supplier. In order to prevent the loss of benefits, for a specific set of thermal energy metering equipment, the supply and demand parties often agree that a certain flow value is "agreed lower limit flow" according to the flow measurement range and the range that can be achieved, and if the actual flow rate is less than the agreed value, the lower limit of the charging flow will be charged.
The people's metrology administrative departments at or above the county level may set up metrological verification institutions as needed, or authorize other units of metrological verification institutions to carry out compulsory verification and other verification and testing tasks. Personnel who perform the verification and testing tasks provided for in the preceding paragraph must pass the assessment. This function is usually implemented in flow meters.
According to the needs of the region, the local people's measurement administrative department at or above the county level shall establish social public measurement standard instruments, which shall be used after passing the examination by the people's measurement administrative department at a higher level. Enterprises and institutions may establish the measurement standard instruments used by the unit according to their needs, and the highest measurement standard instruments shall be used after passing the examination presided over by the relevant people's measurement administrative department. Metrological verification work should be carried out in accordance with the principle of economic reasonableness and in the nearest place.
Metrological verification must be carried out in accordance with the national metrological verification system table. The national metrology verification system table shall be formulated by the administrative department of metrology.
Legal basis. Civil Code of the People's Republic of China Article 392 Where the secured creditor's right is secured by both real security and personal security, and the debtor fails to perform the due debt or the parties agree to realize the security interest, the creditor shall realize the creditor's right in accordance with the agreement; If there is no agreement or the agreement is not clear, and the debtor provides security for the thing, the creditor shall first realize the creditor's right on the security of the thing; If a third party provides security in kind, the creditor may realize the creditor's rights in respect of the security in rem, and may also request the guarantor to bear the guarantee liability. The third party providing the guarantee has the right to recover from the debtor after assuming the guarantee liability.
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The most effective way to lend money to netizens and not pay it back is to go to court to sue. That's the money you should have used, don't take me a certain statute of limitations, otherwise there is no way.
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There is no direct and effective way to lend money to netizens, netizens have never met, they don't know each other, you are too careless, now there are more online borrowing money without returning, you can think of whether to return if you don't know the other party is not familiar, you can only say buy a lesson, don't borrow next time.
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Where more than 20 years have elapsed since the date on which the rights were infringed, protection shall not be granted, and where there are special circumstances, an extension may be made on the basis of the right holder's application. In daily life, we have many ways to protect their legitimate rights and interests, after all, we lend them money, now in this era, the person who borrowed money has become a grandson, really convinced, this phenomenon we have many ways to protect their legitimate rights and interests, so what we need to do is we can seize the evidence, get the IOU and sue him, and then negotiate through chat records, or other IOUs, negotiate with them, Then grab a piece of evidence or eight and just keep enough evidence for yourself, you can also shoot some **, as our future evidence, to the court, these are our most favorable conditions, so in this case, we can do this thing in our own favor, we are not afraid that they will not pay back, and don't borrow money easily in the future, leave an IOU or something to keep the word, and what chat records and so on.
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It depends on whether you leave evidence or not, whether you have an IOU, an IOU, and a specified repayment date. and so on. Target. As long as there is evidence, it can be prosecuted.
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It depends on how much money you have lent to the other party, whether there is evidence of borrowing, IOUs or transfer records, etc., this is more troublesome, because it is Zhou Yu's matter of beating Huang Gai, first of all, I don't know if you have agreed on a repayment period after borrowing, if not, the amount involved is relatively large, you still have to call the police quickly, otherwise there is little hope of repaying the money only by relying on his subjective conscience, and you must have the identity information of the other party, no, you can go directly to his house to find his family, if not, then call the police immediately, otherwise there is really no good way!
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If you don't repay the borrowed money, you should urge it in time, and if you don't pay it back several times, it is recommended to collect evidence to prosecute, and there is no way to do it if the amount is small. You can collect some evidence that can prove that he owes you money, such as a recording of your communication, or you can take a screenshot of the chat history and save it. First, a complaint should be written, and then a lawsuit should be filed in the people's court.
If there is real difficulty in writing, you can file an oral complaint, and the relevant judicial personnel will record it. After writing the complaint, bring the IOU and other evidence and the complaint to the people's court to pay the litigation fee and file the case. Then the court will make a decision on whether to accept it, and after accepting it in accordance with the law, it will be heard.
Finally, the court will make a judgment according to the law according to the specific circumstances.
According to 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 according to 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 Civil Procedure Law and its surrounding legal systems, such as the Law on the Organization of Courts and the Law on Judges, ensure the justice of civil litigation and ensure that the substantive rights and procedural interests of the parties are not eroded. The strictness of the procedural rules is not the same as the complexity of the procedure, which means that the mandatory provisions to ensure the rights and interests of the parties must not be violated, otherwise certain procedural sanctions will be generated. The strict normative nature of civil litigation restricts the arbitrariness of judges, eliminates deviations from the norms of social unity, and satisfies the requirements of the state and society for maintaining a unified legal order.
Legal basis. Article 216 of the Civil Procedure Law? Payment Order:
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.
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Legal analysis: Chat transcripts that prove the lending relationship between the parties. This is easy to understand, if you lend money to the other party, you must come up with evidence, even if it is a chat record, you can prove the loan relationship.
Records of transfers. This is easier to understand, WeChat lends money to others, there must be a transfer of Liang Huailu. The transfer record will reveal a lot of information, one is the number of loans, and the other is the time of borrowing.
Proof of identity, etc. If the other party's WeChat name is just a screen name, and it can't be proved that it is a scumbag banker, it will be difficult to get the money back. So don't transfer money to people you don't know on the Internet.
Legal basis: Civil Code of the People's Republic of China
Article 514:Unless otherwise provided by law or otherwise agreed by the parties, the creditor may request the debtor to perform the debt in the legal tender of the place where the actual performance is performed.
Article 545:A creditor may transfer all or part of the creditor's rights to a third party, except in any of the following circumstances: (1) it may not be transferred according to the nature of the creditor's rights, (2) it may not be transferred according to the agreement of the parties; (3) It shall not be transferred in accordance with the provisions of law. Where the parties agree that the non-monetary creditor's rights shall not be transferred, they shall not be used against a bona fide third party.
Where the parties agree that monetary claims may not be assigned, they must not be used against a third party.
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Summary. Hello! If you borrow money and have a transfer record, if the amount is relatively large, you can directly sue the other party.
Hello! If you borrow money and have a transfer record, if the amount is relatively large, you can directly sue the other party.
will be restricted from consumption, which will bring inconvenience to their future life and the life of their children.
Of course, if he cheats your transfer, you can directly report to the police. The police will try their best to teach you how to get the other party to pay back.
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If the debtor fails to pay off the debt, the creditor can only sue the court to compel the debtor to pay off the debt in a legal way. Under normal circumstances, creditors cannot directly exercise their coercive powers, including the seizure of property. But this is not absolute, and the creditor can seize the debtor's property if the law permits.
Creditors are allowed to seize property in the following two cases:
1. If one party takes possession of the property of the other party as agreed in the contract, and the other party fails to pay the amount payable in accordance with the contract for more than the agreed period, the person in possession has the right to seize the property of the debtor.
2. When the debtor or a third party provides certain property as a guarantee for the debtor's performance of the debt, and the debtor fails to perform the debt, the creditor can seize the collateral and realize its own creditor's rights with priority in the value of the collateral.
After the judgment of the people's court, if the debtor still fails to repay the loan, he may apply to the court for enforcement, and the court may take the following compulsory measures to enforce it in accordance with the law, and may even refuse to enforce the judgment and ruling of the court to punish him:
1. Have the right to freeze and transfer the deposits of the person subject to enforcement.
2. Have the right to seal, seize, freeze, auction, or sell part of the property that the person subject to enforcement shall perform its obligations.
3. Where assets are concealed, the people's court has the right to issue a search warrant to search the person subject to enforcement and his residence or place where the property is hidden.
4. Compel the person subject to enforcement to pay double the interest on the debt or the penalty for the delay in performance.
5. If the creditor finds that the person subject to enforcement has other property, it may also request the people's court to enforce it at any time.
6. Where the subject of the application refuses to perform on an effective judgment or ruling, the people's court may impose a fine or detention on the basis of the severity of the circumstances.
7. Where the respondent's refusal to perform on an effective judgment or ruling is serious and constitutes a crime, its criminal responsibility shall be pursued in accordance with law, which is the so-called "crime of refusing to enforce a court judgment or ruling".
The creditor sues the court, which is the most effective and legal measure for what to do if the borrowed money is not repaid. After the judgment of the court, if the party who owes the debt does not pay it, it can apply to the court for enforcement.
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What should netizens do if they borrow money and don't pay it back? The first thing you can do is negotiate with them and ask them to return the money they owe. If the negotiation fails, the creditor may file a lawsuit with the people's court to demand the return of the arrears, and if the debtor still fails to repay the arrears after the people's court makes a judgment in accordance with law, the creditor may apply to the court for compulsory enforcement.
China's Civil Procedure Law stipulates that the people's court has the right to seize, freeze, transfer and sell the property of the person subject to enforcement according to different circumstances. People's courts must not inquire about, seize, freeze, transfer, or sell property beyond the scope of the obligations that the person subject to enforcement shall perform.
Legal basis. Article 242 of the Civil Procedure Law of the People's Republic of China (2017 Revision) The court has the right to take enforcement measures, and if the person subject to enforcement fails to perform the obligations determined 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, etc. The people's courts have the right to seize, freeze, transfer, or sell the property of the person subject to enforcement according to different circumstances.
People's courts must not inquire about, seize, freeze, transfer, or sell property beyond the scope of the obligations that the person subject to enforcement shall perform. When a people's court decides to seize, freeze, transfer, or convert property, it shall make a ruling and issue a notice of assistance in enforcement, and the relevant units must handle it.
There is no evidence, and the other party is lying to you. >>>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
Hello, according to your description, the answer is as follows: >>>More
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
So when you don't pay back the money borrowed from WeChat, what evidence do you need to get the money back? Chat records, transfer records, and proof of identity information are usually required to prove the loan relationship between the two parties. If the other party's WeChat name is just a screen name, and you can't prove that it's him/herself, it's hard to get the money back!