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Do you have any written documents, contracts, or IOUs or any written proof that you are in debt? First of all, you can't detain his car, otherwise it will be counted as illegal embezzlement. You can first find a lawyer and ask him to apply to the court for you, so that the court can withhold the debtor's property and slowly go through the judicial process.
The premise is that you have proof of this.
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As long as you have evidence (relevant documents), through what you say 1 is feasible, the law will use various means to blow the repayment, and if it is not repaid within the time prescribed by law, it will be forced to sell the fixed property.
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As long as you have proof, he owes you money... You can sue him...
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Legal analysis: The following measures can be taken: 1. Negotiate with the other party to settle the matter, and the other party can be given an appropriate and reasonable grace period or repay the loan in installments; 2. If the negotiation fails, a lawsuit may be filed with the court; 3. After the judgment is rendered, if the car is still not repaid, it can apply to the court for compulsory enforcement.
Legal basis: "Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases" Article 2 When a lender initiates a private lending lawsuit with the people's court, it shall provide IOUs, receipts, IOUs and other evidence that can prove the existence of a legal relationship between borrowing and lending.
Where the creditor's rights vouchers such as IOUs, receipts, and IOUs held by the parties do not indicate the creditor, and the parties holding the creditor's rights vouchers file a private lending lawsuit, the people's court shall accept it. Where the defendant raises a factual defense against the plaintiff's creditor qualifications, and the people's court finds that the plaintiff does not have the creditor qualifications upon review, it rules to dismiss the lawsuit.
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For those who owe money and don't pay it back, here are some ways to assert your rights:
1. Try to negotiate with the other party. Negotiation can not only avoid the intensification of contradictions, 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 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 name of the debtor 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: Prosecutions shall be submitted to the people's courts, and copies are to 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.
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1.Those who do not repay the money owed can first adopt the method of personal collection to negotiate and settle it by themselves, or have a third party mediate.
2.If the court judgment is resolved, after winning the lawsuit, or do not perform the court judgment, apply to the court for compulsory enforcement, if the court wants to return their arrears.
Legal basis] Article 675 of the Civil Code, where there is no agreement on the term of the loan or the agreement is not clear, and it cannot be determined in accordance with the provisions of Article 510 of this Law, the borrower may return at any time; The lender can urge the borrower to return within a reasonable period of time.
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If you don't pay back the money you owe, you can go to the court to sue, and there are 5 steps in the court prosecution process. The ordinary procedure will be completed within 6 months. According to the laws and regulations of our country, if the creditor requests the debtor to pay money and valuable, and meets the following conditions, it may apply to the basic people's court with jurisdiction for a payment order
The creditor has no other debt disputes with the debtor; The payment order can be served on the debtor.
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Summary. Hello dear, I'm glad to answer for you! Here's how to deal with non-payment of debts:
1.It can negotiate with it. If the negotiation fails, it shall be punished as a breach of contract.
2. Debts are civil disputes, civil disputes are generally not to go to prison to bear criminal responsibility, there are only two exceptions, if the creditor sues the debtor to the court, the court rules that the debtor pays the balance on time, and the debtor does not perform a valid judgment, the creditor can apply for enforcement, if there is indeed no ability to pay, the debtor can be judicially detained, generally not more than 15 days. and where they have the ability to perform but fail to do so, they are suspected of the crime of refusing to perform on a judgment or ruling that has already taken effect, and bear criminal responsibility.
Hello dear, I'm glad to answer for you! The methods of dealing with non-payment of debts are as follows:1
It can negotiate with it. If the negotiation fails, the remaining demolition shall be punished as a breach of contract. 2. Debts belong to civil disputes, civil disputes are generally not to go to prison to bear criminal responsibility, the exception is only two cases, if the creditor sues the debtor to the court, the court rules that the debtor pays the balance on time, and the debtor who has not fulfilled the valid judgment, the creditor can apply for compulsory enforcement, if there is indeed no ability to pay, the debtor can be judicially detained, generally not more than 15 days of blind destruction.
and where they have the ability to perform but fail to do so, they are suspected of the crime of refusing to perform on a judgment or ruling that has already taken effect, and bear criminal responsibility.
Law: Article 578 of the Civil Code [Pursuit of Liability for Breach of Contract] If one of the parties clearly states or indicates that it does not perform its contractual obligations by its own conduct, the other party may require it to bear the liability for breach of contract before the expiration of the performance period. Article 579:Where one of the parties fails to pay the price, remuneration, rent, or interest, or fails to perform other monetary obligations, the other party may demand payment.
God sees.
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