What should I do if someone borrows money and doesn t pay it back

1. What should be done if others borrow money and don't pay it back?

1. The solution to the problem of borrowing money from others and not repaying it is as follows:

1) Sign a repayment agreement with the other party;

2) can apply to the court for enforcement of the debtor's property;

3) Request for litigation preservation at the same time as filing a lawsuit.

2. Legal basis: Article 2 of the Provisions on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases.

When a lender initiates a private lending lawsuit with a people's court, it shall provide proof of creditor's rights such as IOUs, receipts, and IOUs, as well as other evidence that can prove the existence of a legal relationship between the lenders.

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.

Article 9. A loan contract between natural persons may be deemed to be concluded under any of the following circumstances:

1) If the payment is made in cash, from the time the borrower receives the loan;

2) Where payment is made in the form of bank transfer, online electronic remittance, etc., when the funds arrive in the borrower's account;

3) If the bill is delivered, the borrower shall obtain the right to the bill in accordance with the law;

4) Where the lender authorizes the borrower with the right to control a specific fund account, the borrower shall have the right to actually control the account from the time the borrower obtains the actual right to control the account;

5) When the lender provides the loan in other ways agreed with the borrower and the actual performance is completed.

2. What are the conditions for a loan contract between natural persons to take effect?

1. If the payment is made in cash, from the time the borrower receives the loan;

2. If the payment is made by bank transfer, online electronic remittance or through an online loan platform, when the funds arrive in the borrower's account;

3. If the bill is delivered, the borrower shall obtain the right to the bill in accordance with the law.

It can be resolved through negotiation, and if no agreement can be reached, the creditor can file a civil lawsuit with the court with evidence such as ID card, household registration book, complaint and IOU.

According to the Contract Law of the People's Republic of China, if the parties have not agreed on the repayment period, the borrower may repay the loan at any time, and the lender may also request the other party to return the loan at any time, provided that the borrower is given the necessary time to prepare. If the lender still refuses to repay the loan after being urged by the lender, the lender may also ask the lender to pay the interest from the date of the reminder with reference to the bank's interest rate of the same type of loan.

If you do not repay the borrowed money, you can also apply to the court for a payment order by virtue of the bill. A payment order is a legal payment order issued by the people's court to the debtor to urge the debtor to perform the debt according to the creditor's application.

The biggest advantage of the payment order is that the court's acceptance of the application is equivalent to initiating legal procedures, and there is no need for a trial, and the court does not exceed 15 days from acceptance, review to issuance of a payment order, and the time limit for the debtor to raise an objection is also 15 days, so that the time of about a month can enter the enforcement stage.

The solution to the borrowed money and not repaying: 1. Negotiate and settle; 2. Submit a written application for mediation to the local people's mediation committee; 3. Apply for arbitration; 4. File a lawsuit with the people's court; 5. Apply for a payment order; 6. Apply for prior execution. ”

You can tell him back the money directly.

There are three ways for someone to borrow money and not pay it back:

1. Ask for it directly, and it is best to show him an IOU or certificate;

2. A third-party friend intervenes, and the person who borrows money from you and has a mutual friend can ask your mutual friend for help to express your willingness to repay the money;

3. Collect evidence to prosecute him, and collect favorable evidence, including IOUs, recordings of how much money he personally admits to owing you, or third-party witnesses who witness you lent him money.

Parties shall promptly provide evidence for their own claims. On the basis of the parties' claims and the circumstances of the trial, the people's courts are to determine the evidence that the parties shall provide and the time limit thereof.

Where the parties have real difficulties in providing evidence within that time limit, they may apply to the people's court for an extension of the time limit, and the people's court will appropriately extend it on the basis of the party's application. Where parties fail to provide evidence within the time limit, the people's court shall order them to explain the reasons; Where they refuse to explain the reasons or the reasons are not sustained, the people's courts may, on the basis of different circumstances, reject the evidence, or give the evidence but give a reprimand or a fine.

1. What to do if others borrow money and don't pay it back.

1. The handling method of others borrowing money and not repaying it is as follows:

1) If the debtor is temporarily unable to repay, he or she can communicate with the debtor and negotiate an installment repayment agreement;

2) If the debtor refuses to repay, it may file a lawsuit with the people's court to demand repayment of the debt;

3) If the conditions are met, they can apply to the court for a payment order.

2. Legal basis: Article 214 of the Civil Procedure Law of the People's Republic of China.

If the creditor requests the debtor to pay money or valuables, 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.

1. What is the penalty standard for not paying back?

The penalty standards for non-repayment are as follows:

1. Where a people's court has the ability to enforce a judgment or ruling but refuses to do so, and the circumstances are serious, a sentence of up to three years imprisonment, short-term detention, or a fine is to be given;

2. where the circumstances are especially serious, a sentence of between three and seven years imprisonment and a concurrent fine is to be given;

3. Where a unit commits a crime, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph.

The way to deal with a friend who borrows money but does not pay it back is as follows: 1. Speak directly when the dust tour expires; 2. Be clear in person when you see the right time; 3. The villain collapsed to borrow money.

After the occurrence of a creditor-debtor relationship, if the debtor delays repayment for various reasons, or even refuses to repay, the creditor must find a way to recover the arrears. In practice, relevant evidence should be collected and filed with the court in a timely manner to avoid missing the statute of limitations.

Article 675 of the Civil Code provides that 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 urge the borrower to return within a reasonable period of time.

1) Sign a repayment agreement with the other party; If the other party does not deny it, but only blindly delays the repayment under various excuses, then another repayment agreement can be signed with the other party; In this repayment agreement, it is necessary to pay attention to the specific method and time limit of repayment, and it can also be agreed with the other party that if it fails to perform when due, it can apply to the court to enforce the debtor's property. 2. Request for litigation preservation at the same time when filing a lawsuit.

The so-called litigation preservation is to apply to the court to seal and freeze the property of the other party at the same time or in advance when the lawsuit is filed, so as to ensure that the right holder can get back the money or property in time after winning the lawsuit. The statute of limitations for filing a request to a people's court for the protection of civil rights is three years. The limitation period is calculated from the date on which the right holder knows or should know that the right has been damaged and the obligor.

Legal basis] Article 188 of the Civil Code stipulates that the statute of limitations for filing a request to the people's court for protection of civil rights is three years. Where the law provides otherwise, follow those provisions. The limitation period is calculated from the date on which the right holder knows or should know that the right has been damaged and the obligor.

Where the law provides otherwise, follow the provisions of its promotion instructions. However, where more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not protect them; Where there are special circumstances of pure noise, the people's court may decide to extend it on the basis of the right holder's application. Poor loss.

If someone borrows money and does not repay it, and the evidence is complete, they can be sued, as follows:

1. If it is a large loan, apply to the court for property preservation as soon as possible before and after filing the lawsuit, and strive to preserve the property before the other party transfers the property;

2. After the other party's property is returned to preservation, it cannot be transferred or withdrawn;

3. If the other party holds an IOU, it should pay attention to the statute of limitations, generally three years after the expiration of the IOU is the effective prosecution period, and the other party cannot be sued after three years, but if it is an IOU, you can sue at any time.

Civil Procedure Law of the People's Republic of China

Article 100: People's courts may, on the basis of the application of the opposing party, rule to preserve their assets, order them to perform certain acts, or prohibit them from doing certain acts, 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; 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 employ preservation measures, enforcement shall begin immediately.