What should I do if someone owes money and never pays it back?

If the debtor borrows money and does not repay it, the creditor can recover the debt in the following ways:

1. Consultation. When the creditor's right is due or about to mature, if the debtor is temporarily unable to repay the debt but has the sincerity to repay the debt, the creditor may negotiate with the debtor on the term, method and amount of the debt to be performed, and urge the debtor to perform the debt or sign a repayment agreement. If the creditor's right is secured by a mortgage or a third party provides security, the creditor may negotiate with the mortgagor or the guarantor to enable the mortgagor to pay off the debt with sufficient collateral assets, or the guarantor may repay the debt on behalf of the guarantor.

2. Litigation. For some cases that are more complicated, difficult for the other party to deal with, or difficult to resolve through other means, the creditor may choose the litigation procedure to resolve the case.

3. Application for a payment order.

China's Civil Procedure Law stipulates: "If a creditor requests the debtor to pay money or valuable, and meets the following conditions, it may apply to the basic people's court with jurisdiction for a payment order:

1) The creditor and the debtor have no other debt disputes;

2) The payment order can be served on the debtor. The application shall clearly state the amount of money or valuable ** requested and the facts and evidence on which it is based. ”

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.

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 basis] Article 119 of the Civil Procedure Law, a lawsuit 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.

You can go to the people's court to file a lawsuit.

Code of Civil Procedure

Article 23: The people's court at the place where the defendant is domiciled or where the contract is performed has jurisdiction over litigation arising from contract disputes.

Article 34: The parties to a dispute over contracts or other property rights and interests may, by written agreement, choose the jurisdiction of the people's court in a place where the defendant is domiciled, the place where the contract is performed, the place where the contract is signed, the place where the plaintiff is domiciled, the place where the subject matter is located, and other places that have an actual connection with the dispute, provided that the provisions of this Law on hierarchical jurisdiction and exclusive jurisdiction must not be violated.

2. Application for property preservation.

In accordance with the provisions of "property preservation and prior enforcement", the parties may promptly take property preservation measures to prevent or mitigate economic losses.

The creditor may, in accordance with the provisions, submit an application for property preservation at the same time as filing a debt lawsuit with the people's court, and provide information about the debtor's property, so that the people's court can take measures such as sealing, seizing, freezing, or other methods prescribed by law. In case of economic fraud by the debtor, the creditor may apply to the people's court for property preservation measures before filing a lawsuit to prevent the debtor from transferring the property and causing economic losses to the creditor.

Code of Civil Procedure

Article 100:In cases where it might be difficult to enforce a judgment or cause other harm to a party due to the conduct of one of the parties or other reasons, the people's courts may, upon the application of the opposing party, rule to preserve their assets, order them to perform certain acts, or prohibit them from doing certain acts; Where the parties do not submit an application, the people's court may also rule to adopt preservation measures when necessary.

The people's court may order the applicant to provide a guarantee when taking preservation measures, and if the applicant does not provide a guarantee, rule to reject the application.

After the people's court accepts the application, it must make a ruling within 48 hours if the situation is urgent; Where a ruling is made to take preservation measures, enforcement should be immediately commenced.

Legal Analysis: Creditors can sue for processing, or they can also apply to the court for a payment order to collect the debt. To file a lawsuit, the following materials must be submitted to the court:

1. Evidence that proves that the qualifications of the parties to the litigation are not coincidentally clear; 2. Evidence to prove the existence of the borrowing relationship; 3. Evidence to prove that the loan has been repaid; 4. The basis for calculating the amount of the litigation claim.

Legal basis: Article 675 of the Civil Code of the People's Republic of China 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.

If you owe money, you can also call 12368 to report it. This hole.

12368 is a common judicial information public service number in the national court system. The situation of non-repayment of the money owed is a private lending dispute, and the victim can protect his or her legitimate rights and interests through civil litigation. Victims may apply to the people's mediation committee for people's mediation, and if mediation fails, they may directly file a civil lawsuit with the court.

If the party initiates a lawsuit, it should be noted that 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 claims and facts and reasons.

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.

5. The complaint shall be submitted to the people's court, and copies shall be submitted according to the number of defendants.

6. Where it is truly difficult to write a complaint, a lawsuit may be filed orally, and the people's court shall record it in the record and inform the other party.

Lending money to people needs to pay attention to:

1. Sign a formal written loan contract.

2. The agreement on interest should be legal.

3. Pay attention to identifying the borrower's borrowing purpose and prevent malicious borrowing.

4. Flexible ways to deal with disputes, through negotiation, mediation, arbitration and litigation.

5. Prepare the relevant documents.

Materials to be prepared to sue the debtor:

1. Materials on the plaintiff's subject qualifications.

Such as the original and photocopy of resident ID card, household registration booklet, passport, home return permit for Hong Kong and Macao compatriots, marriage certificate and other evidence; If the enterprise unit is the plaintiff, it shall submit copies of the business license, business registration certificate and other materials.

2. Evidence to prove the plaintiff's claim.

Such as contracts, agreements, creditor's rights documents (IOUs, IOUs, etc.), receipts and delivery vouchers, correspondence, etc. When a party submits documentary evidence to the court, it shall fill out a list of evidence in duplicate, listing in detail the name and number of pages of the evidence submitted. After the evidence has been verified by the court's undertaker, the undertaker is to sign and seal the evidence list, and one copy is to be handed over to the parties and one is to be recorded.

3. Case filing procedures.

After the parties have completed the necessary formalities and submitted all the relevant evidence materials, within seven days, those who meet the requirements for filing a case shall go through the formalities for filing a case; Where the requirements for filing a case are not met, a ruling is made in accordance with law not to accept it. <>

If someone else owes money and does not repay it, they may first negotiate with the other party, and if the negotiation fails, they may file a lawsuit with the court and make a judgment for them to perform the debt. If the judgment is not performed, it may apply to the court for compulsory enforcement.

Legal basis. Civil Code of the People's Republic of China

Article 233:Where property rights are infringed, the rights holder may resolve the matter through means such as conciliation, mediation, arbitration, or litigation.

Civil Procedure Law of the People's Republic of China

Article 2: The tasks of the Civil Procedure Law of the People's Republic of China are to protect the parties' exercise of procedural rights, to ensure that the people's courts ascertain the facts, distinguish between right and wrong, correctly apply the law, promptly hear civil cases, confirm the relationship between civil rights and obligations, sanction civil violations, protect the lawful rights and interests of the parties, educate citizens to conscientiously abide by the law, preserve social and economic order, and ensure the smooth progress of the cause of socialist construction.

Article 224:The property portion of a legally effective civil judgment or ruling, as well as a criminal judgment or ruling, is to be enforced by the first-instance trial court or the people's court at the same level as the first-instance trial court for the location of the property being enforced.

Other legal documents that are to be enforced by the people's courts as provided by law are to be enforced by the people's court at the place where the person subject to enforcement is domiciled or where the property subject to enforcement is located.

Article 242:Where the person subject to enforcement fails to perform the obligations set forth in the legal documents 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, **, and **shares, from the relevant units. 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.