My friend owes money and can t afford to pay it back, what should I do? It s complicated, help!

Hehe, it can be seen that you are a kind person, I like it!

50,000 is not a small amount, they must have kept this account in mind, he is your good friend, but his ability to repay the money is ......If they have the money, they will pay you back! So I suggest, you don't have to ask for money!

The result of asking for money is ......Let's break it down:

1. If they don't pay it back:

It is certain that they have no money now, and they need another large amount of money to ** illness, and they really can't pay it back, and you ask for money at this time, which will undoubtedly make matters worse, friends will definitely not be able to do it, and even your image in the circle of friends will add a layer of gloom! If the money doesn't come back, it will be the righteousness of losing a friend, it's not worth it!

2. If they pay back:

Is it certain that they need money now, and even have to borrow money from relatives and friends,? Now you're asking them for money......They lend you money back, and you don't feel at ease with the money, right? Because you take the initiative to ask them for money, you are putting pressure on them!

Therefore, it is recommended that you do not take the initiative to ask for money, just visit him often, ask for warmth, visit the illness, and never mention the matter of repaying the money, even if you don't mention it, they also think about it, so when they have money, they will take the initiative to pay you back!

The landlord's family has no surplus food! Cancer, it's not easy to treat, I'm afraid that it won't be cured after spending hundreds of thousands, and there will be no money to return to you, but at this time, you have to go to someone to ask for money, which is a bit too much....Now you have the money to wait.

It's not human, oh my God, it's so miserable.

Did he write the IOU to you two years ago? If it was two years ago, it was already invalid.

Summary. If a party wants to file a lawsuit, it should be noted that the plaintiff must have a direct interest in the case, have a clear defendant, and have specific litigation claims, facts and reasons, etc.

What should I do if my friend owes money and has no ability to pay it back?

If the parties want to file a lawsuit, they should pay attention to the fact that the original bridge has a direct interest in the case, there must be a clear defendant, and the letter must have specific litigation claims, facts and reasons.

Legal basis: Article 122 of the Civil Procedure Law provides that the following conditions must be met for a lawsuit: (1) the plaintiff is a citizen, legal person or other organization with 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 the people's court's acceptance of civil litigation and the jurisdiction of the people's court receiving the lawsuit. Article 123: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, a lawsuit may be filed orally, and the people's court will record it in the record, and inform the other party to be the person responsible for the cherry blossom banquet.

It is inevitable that there are friends in life who come to borrow money because of urgent needs, and there are many friends who consult before the waiter, and when they ask the other party to repay after lending money for a period of time, they find that he does not answer, and WeChat does not reply, and some even blacken WeChat, and they can't find anyone at all.

If the debtor thinks that you can't contact me, even if you go to the public security organ.

If you report the case, the public security organ will also refuse to accept it because it is a purely economic dispute, and you can't do anything about it.

In this case, the creditor has no hope of expecting the debtor to take the initiative to repay, because he tells him that he will not take the initiative to repay.

What should I do if I clearly want to repay my debts?

Let's start with the conclusion today:

1. The prosecution needs to be clear about the defendant, that is, to know who you want to sue;

3. If the debtor cannot be contacted, the court does not have to wait all the time, and the law stipulates that service and trial in absentia can be announced.

Therefore, even if you can't contact the person who owes the money and doesn't pay it back, as long as you know the other party's name, identity information, home address, etc., you can also sue.

But what if you don't know the identity of the other person?

This is a real problem.

Many people have disputes that cannot be resolved through negotiation and other means, and we will suggest suing to resolve them, at this time the plaintiff finds that he does not even know the name of the other party, what should I do at this time? How can I find out the identity of the other party? Repentance.

First of all, when we deal with people, we must first figure out who the other person is? What for? My hometown is **, I live in **, what is my mobile phone number? These are key pieces of information.

In practice, there is a lot of information that distinguishes the defendant from others, such as name, gender, age, address, and social relations.

ID number, work unit, other household registration contents, etc. The more information there is, the easier it is to identify specific defendants.

Of course, if the plaintiff can provide the defendant's ID number at the litigation stage, on the one hand, it is conducive to the identification of the defendant, which is enough to distinguish the defendant from others, and on the other hand, it is conducive to the smooth progress of subsequent litigation activities.

1. The lawyer should go to the household registration office of the public security organ with the relevant formalities to make inquiries; (Although it can be queried, the premise is that the parties need to provide some information, and I have met a netizen who has asked for money to be lent to a netizen before, and only knows that the other party's WeChat name is "pistachio", forget it, you ask for more blessings).

2. The Market Supervision and Administration Bureau inquires about the internal file information of industry and commerce;

3. The current Alipay is a real-name system, and if it is a mobile phone number registration, it can be verified, but the other party can set it.

My friend owes me money and can't afford to pay it back, so I can only wait or develop his ability to live a life. It's useless for you to sue him, it's better to save the relationship between friends.

Summary. If you owe money and can't pay it back, you can discuss with the other party first, repay part of the installment first, you can't default all the time, and let the other party know your positive attitude towards repaying the money, both parties understand it, but if you deliberately owe money and don't pay it back, then it may constitute a crime, and the other party has the right to prosecute.

Note imitating Yinyi's own mentality: I can't afford to pay back the money I owe to others, but I can't pay it back now! Explain it to them, and then give it back to others every once in a while, it doesn't matter how much, the important thing is to let people understand:

You have credit! You won't be able to do it again! Strive to win the trust and time of the other party, the most important thing is to work hard and believe that you will be able to pay it back.

If you owe money and there is no way to repay it, you can discuss with the other party first, repay part of the installment part of the loan first, and you can't default all the time, and let the other party know that you have a positive attitude of repaying the money, and both parties understand it, but if you deliberately owe money and don't pay it back, then it may constitute a crime, and the other party has the right to prosecute.

If a friend owes a debt and does not repay the money, he can file a lawsuit against the other party and demand that the other party return the debt. As long as the statutory conditions for filing a lawsuit are met, the complaint and the relevant evidence materials of the case can be filed with the people's court, and if the borrower still refuses to perform after the court judgment, it can apply to the people's court for compulsory enforcement.

Legal basis] Article 119 of the Civil Procedure Law.

The prosecution 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.

Article 120.

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.

1. First admit that you owe money to your friend, and honestly explain to your friend why you owe money, and say that you will pay off the debt as soon as possible.

2. If you are not able to pay off the arrears immediately, you can propose a plan to your friend to repay the loan in installments, and ensure the time of repayment in each installment and the amount of repayment in each installment.

3. If the friend does not agree to repay the loan in installments, you can propose a mortgage plan to the friend to ensure that you can repay the loan on time.

4. If the friend still disagrees, you can propose a guarantor's plan to the friend to ensure that you can repay the loan on time.

5. If the above plan still does not solve the problem, you can propose a repayment plan to a friend to ensure that you can repay the loan on time.

The handling of a friend who owes money and has no money to pay back is as follows:

1. If you are temporarily unable to repay your debts, you can negotiate with the creditor Jian Yu to repay the debts in installments, postpone repayment or reduce debts;

2. If the other party does not agree to postpone or reduce the debt, and wants to sue the debtor, then after the lawsuit, it is necessary to actively respond to the lawsuit and strive to achieve the purpose of repayment in installments or within a time limit in court;

3. If the other party does not agree to extend or reduce the debt, the court will not support it and will repay all the debts within a time limit. If the creditor is able to repay but refuses to pay, the creditor may apply for enforcement. But enforcement does not go to jail because civil liability does not involve criminal issues;

4. If the debtor really has no money to repay:

1) The court enforcer knows that the parties cannot be executed without money;

2) In the case that the party refuses to return the money when he or she has it, the court may arrest the person, including judicial detention or pursue criminal responsibility for the crime of refusing to perform the effective judgment;

5. The people's court shall, in accordance with the legal procedures, clarify the specific enforcement content in accordance with the legally effective documents, and compel the civil obligor to complete the obligations it undertakes, so as to ensure that the rights of the right holder can be realized.

Legal basisArticle 678 of the Civil Code of the People's Republic of China.

The borrower can apply to the lender for an extension before the expiration of the repayment period; If the lender agrees, it can be extended.

Article 214 of the Civil Procedure Law of the People's Republic of China.

In cases retried by the People's Court in accordance with the trial supervision procedures, the legally effective judgment or ruling was made by the first-instance trial court, and the judgment or ruling made in accordance with the first-instance trial procedures may be appealed by the parties; A legally effective judgment or ruling is a hole made by the court of second instance, tried in accordance with the procedures of the second instance, and the judgment or ruling made is a judgment or ruling that takes legal effect; Where a higher level people's court arraigns for trial in accordance with the trial supervision procedures, it is to be tried in accordance with the second-instance trial procedures, and the judgment or ruling made is a legally effective judgment or ruling.

People's courts hearing retrial cases shall separately form a collegial panel.