My friend lent me the money he borrowed from me again, and when I asked for money, my friend said th

What should I do if I don't pay back my friend's debt?

1.Expiration opens directly.

Friends who have not repaid their debts when they are due may not be able to repay, may have forgotten, or may even have no intention of repaying at all, but no matter what, as long as they forget to repay the money, they can take the IOU and tell their friends clearly. Regardless of the outcome, it is necessary to negotiate first, and if the negotiation fails, other methods will be adopted.

2.Be clear in person when you see the right time.

This method depends on the opportunity to exercise, for example, when everyone is together, and you just need money, it is best to have a friend in the scene, open your mouth and ask the borrower to ask for it, people nowadays generally have a good face, in that case, and he just happens to be able to change, it is generally a better time.

3.Reverse borrowing.

When a friend refuses to repay the money, you can tell the other party to borrow money to deal with the emergency, and the amount borrowed can be about the same as the amount you lend out is naturally the best. If the other party remembers that they still owe you money, it is easier to pay it back automatically, but if the other party does not mention repaying the money but lends you money, then you can mention the matter of lending money to him, and then you can get the money.

Can the court detain him if he owes money maliciously?

If the other party maliciously owes money and does not pay it back, you can bring the relevant loan certificate to the people's court to file a lawsuit, so that the court can judge the other party to enforce the debt. After the court judgment is issued, the parties can apply to the court for the other party to enforce the judgment.

The approximate procedure for prosecution is as follows:

1.Write the indictment;

2.Bring evidence and indictment to the court to file a case and pay the litigation fee;

3.After the court reviews and determines the acceptance, it will be heard;

4.court decisions;

5.Enforcement of judgments.

If the other party has property and refuses to pay back the money, then the court will detain the other party by means of compulsory enforcement to let the other party enforce the judgment. However, if the other party has no property and cannot enforce it, then the court cannot detain him at this time.

In fact, there are still many cases of non-repayment of debts, and sometimes it is more difficult to collect debts because the other party is their relatives and friends, after all, they are not willing to break down the relationship between the two parties because of this, so they are limited to self-entanglement.

However, in practice, the other party does not have the ability to repay the debt for the time being, so it is also possible to appropriately relax the repayment time. However, if you don't repay your debts maliciously, you don't have to be polite, and you can better protect your own interests by taking legal measures as soon as possible.

Just go to your friend or ask for it.

As the saying goes, "Drinking is like a person carrying a bottle asking for money." ”

Your friend has lent the money he borrowed from you to someone else, and you ask him for it, and he says that he can't find anyone yet. You should tell this friend that I am the one who lent you money, not to that person, and I have not asked you to lend it to someone else, and now I can only ask you for money.

My friend lent you the money again, and when I asked for the money, my friend said that he couldn't find anyone yet, and your solution was:

Be prepared with enough evidence to prosecute him.

Because, you have lent money to your friend (him), and no matter what excuse he uses to delay, he will be held responsible.

You can only sue him directly.

This has nothing to do with you.

You borrowed money for him.

As for what he is used for, it is none of your business.

You have to go straight to him.

He had no excuse for procrastinating.

You can just sue him.

If he doesn't pay it back, you can tell him that you are going to court to sue him.

Your money is given to him, you can ask him for it.

In this case, you must choose to communicate with your friend first.

Don't be friends with such people, just block and delete them!

Regarding the non-repayment of arrears, it is recommended to collect relevant IOUs, bank transfers and other evidence in a timely manner: 1. It is recommended to sue the court for repayment as soon as possible, and once the two-year statute of limitations is exceeded, the right to win the lawsuit will be lost 2. After winning the lawsuit, if the other party fails to perform the court judgment within the performance period, it can apply to the court for enforcement 3. After the court accepts the enforcement, it will inquire about the real estate, vehicles, ** and deposits in the debtor's name in accordance with the law4. In addition, if he has no property in his name that can be destroyed for negotiation and enforcement, and he refuses to perform the effective judgment of the court, he will have negative information such as overdue repayment recorded in his personal credit report and will be restricted from high consumption and entry and exit, and may even be subject to judicial detention 5. If he has the ability but refuses to execute, he is suspected of the crime of refusing to execute the judgment or ruling.

Legal basis: Article 313 of the Criminal Law: Where the crime of refusing to enforce a judgment or ruling refuses to enforce a judgment or ruling of a people's court where there is the capacity to enforce it, and the circumstances are serious, a sentence of up to three years imprisonment, short-term detention, or a fine is to be given.

Legal analysis: After lending money to others, if the other person fails to repay the loan as agreed and is missing, the party concerned may file a lawsuit with the people's court, and the court may make a default judgment. After the judgment is rendered, if it cannot be directly performed by the defendant, the parties may directly apply to the court to enforce the defendant's property.

Legal basis: Criminal Law of the People's Republic of China

Article 21: The people's court for the defendant's domicile has jurisdiction over civil litigation initiated against citizens; Where the defendant's domicile is inconsistent with the defendant's habitual residence, the people's court for the place of concealed habitual residence has jurisdiction. The people's court for the defendant's domicile has jurisdiction over civil litigation initiated against legal persons or other organizations. Where the domicile or habitual residence of several defendants in the same litigation is in the jurisdiction of two or more people's courts, each people's court has jurisdiction.

Article 119:The following requirements must be met for initiating a lawsuit: (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 144:Where the defendant is summoned by summons and refuses to appear in court without a legitimate reason, or where Sun Xichai leaves court without the court's permission, a judgment may be rendered in absentia.

Article 236:Parties must perform on legally effective civil judgments or rulings. If one party refuses to perform, the other party may apply to the people's court for enforcement, or the adjudicator may transfer it to the enforcer for enforcement. The parties must perform the mediation document and other legal documents that shall be enforced by the people's courts.

If one party refuses to perform, the other party may apply to the people's court for enforcement.

1. The debtor has been missing for less than two years 1. Publish an announcement to extend the statute of limitations 2. If the debtor is the debtor, he shall claim the creditor's right from the guarantor In order to ensure the realization of the creditor's right, a guarantor is established, and if the due debt cannot be repaid or cannot be repaid, the guarantor shall repay the debt to the creditor. The guarantor may recover from the debtor after paying off the debt. 3. If there is a spouse, the spouse may be required to repay the debts owed in the name of one party during the existence of the marital relationship, and if they can provide evidence to prove that the loan is used for family expenses or to improve family life, the husband and wife should repay it together.

4. File a lawsuit with the court 2. The debtor has been missing for more than two years Apply for a declaration of disappearance and claim a claim against the debtor's property custodian If the debtor has been missing for more than two years, then the debtor can apply for a declaration of disappearance according to the provisions of Chinese law. The subject of the application for declaration of disappearance should be the debtor's relatives and interested parties, and the creditor is an interested party and may apply for a declaration of disappearance.

Legal basis: Article 119 of the Civil Procedure Law The following conditions must be met for a lawsuit: (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.

Legal analysis: You can file a lawsuit with the court by preparing litigation materials and collecting evidence, and the court will announce the service of a default judgment, and you can provide the court with clues about the other party's property, such as the vehicle, house or deposit in the name of the other party, apply for enforcement, freeze and auction the above property, and use it to repay your debts. If there is an IOU, an IOU can be used as evidence, and if there is no IOU, other evidence, such as bank transfer records, ** recordings, witness testimony, etc., can prove the fact of arrears and the amount of arrears.

Legal basis: Article 585 of the Civil Code of the People's Republic of China: The parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach, and may also agree on the method of calculating the amount of compensation for losses arising from the breach.

If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase them at the request of the parties;Where the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them at the request of the parties. If the parties agree on liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.

Summary. Article 577 of the Civil Code of the People's Republic of China provides that if one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.

I can't get in touch with him, so how can I find him?

Hello, you sue the other party and the other party will appear.

Because it was a friend who didn't write an IOU.

Do you have a transfer record and chat history?

There are only transfer records, and the chat history is gone.

Hello, it is currently unfavorable for you, chat history you see if you go to the mobile phone store on the street, can you technically deal with the recovery.

If the evidence is insufficient now, the case will be lost.

That's right!If I have completed the formalities, I will sue directly, and I can only find him, how can I find someone else now, or know where his family lives, and go directly to his house to find him.

You can also sue first, and if the other party does not sue, you will win directly.

If the other party responds to the lawsuit, you can find him himself.

Article 577 of the Civil Code of the People's Republic of China provides that if one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.

Is it accepted without an IOU lawyer.

It's the courts, not the lawyers.

Accepted. I'm afraid that in the end I will lose the lawsuit and lose the money, I want to find him and sit down and talk, everyone must be friends, and I don't want to become enemies in the future, if I can't afford to pay so much for a while, make a payment and return the procedure to me.

There's no need to hide from me.

In fact, the best thing to do is that he shows up after you sue and then negotiate the installment.

Because you can't find it now, looking for a needle in a haystack.