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The most rigid way: court prosecution.
Prerequisites: There is the identity information of the other party, and there is sufficient and convincing evidence (such as standardized IOUs, transfer records, chat records).
The most "humane" way that requires words: verbal collection.
Premise: Make sure that person will find out in conscience to return the money to you, and you need to have a certain literary foundation, and be able to "cry", "know with affection, move with reason" and euphemistically "reprimand" the trouble caused to you by his behavior of borrowing money and not paying it back.
You can go to the IOU to say.
The most "stupid" way: collect without permission, or find an illegal collection agency.
Loan disputes are civil disputes, but if you take these actions, it will be a criminal dispute.
2. When lending money to others, you must remember to ask others what they are borrowing money for, and if the other party is going to gamble, don't borrow it.
3. When borrowing money, you must remember to write an IOU, as well as the identity information of the other party (it is best to have a copy of your ID card, or sign an electronic IOU).
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It can be through arbitration or litigation. If the loan is not repaid, the lender may recover it through arbitration or litigation, and if the parties want 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. Article 122 of the Civil Procedure Law.
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.
Article 123: A complaint shall be submitted to the people's court for prosecution, 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.
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1. For the debtor who has the ability to repay the debt, but does not repay the debt, the creditor should keep specific evidence such as the IOU of arrears, and if the normal collection is still invalid after many normal demands, it must file a lawsuit with the court within the statute of limitations. If the creditor delays the time and allows the statute of limitations to expire, it will be very troublesome to collect it later.
2. After the creditor files a lawsuit with the court, it may provide the property information of the debt to the case-handling personnel in a timely manner, and the judge shall decide to adopt auction or deduction to deal with it in accordance with the law. It is necessary to persist in collecting debts in accordance with the law, and not to have accidents with debtors with extreme and radical behavior.
3. What should I do if I don't pay back the money I owe and run away? According to the provisions of China's Civil Code (effective as of January 1, 2021), if a citizen's whereabouts have been unknown for two years, the interested party may apply to the people's court to declare him a missing person. The property of the disappeared person is held in trust by his spouse, parents, adult children or other close relatives or friends.
4. Taxes, debts and other expenses due to the missing person shall be paid by the custodian out of the property of the missing person. It can be seen that the declaration of disappearance will be able to establish the custody relationship of the missing person's property and resolve the issue of the settlement of debts owed by the disappeared person. So the creditor can apply to the court to declare the debtor's person missing, and then demand that the debt owed to you be paid from his property.
5. It should be noted that if the statute of limitations for debt disputes stipulates a repayment date, it shall be counted as three years from the day after the expiration date, and if the repayment date is not agreed, it shall be three years from the date on which the right holder knows or should know that the rights have been infringed, and the longest shall not exceed 20 years.
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Legal basis: Article 119 of the Civil Procedure Law of the People's Republic of China Article 119 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.
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Legal Analysis: It is recommended to negotiate the matter. If the negotiation fails, a lawsuit shall be filed with the people's court with relevant evidence and materials, demanding that the other party repay the loan, and at the same time may demand the payment of interest or liquidated damages. This grip.
Legal basis: Article 119 of the Civil Procedure Law of the People's Republic of China Article 119 A lawsuit must meet the following conditions:
1) The plaintiff is a public bend pickpocketer, 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.
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1.Communicate privately: First of all, you need to communicate privately with the borrower, express your attitude and requirements, and seek a reasonable explanation and repayment plan from the other party.
Borrowers who fail to repay their loans on time due to personal difficulties and other reasons, so they need to remain calm and rational in communication in order to find the best way to solve the problem.
2.Send a dunning notice: If private communication isn't working well, consider sending a formal dunning notice to the borrower to show that you're serious and demanding.
The content of the reminder notice needs to elaborate on the loan matters and loan agreement, the borrower's repayment record and situation, and the next steps to be taken, so as to force the borrower to repay the loan as soon as possible.
3.Seek legal recourse: If the borrower refuses to repay the loan, it can seek legal recourse to pursue the creditor's rights.
Debt collection can be carried out through legal channels by suing the borrower or applying for arbitration. However, before using legal means, it is necessary to assess the costs and possible costs of litigation and communicate with the borrower to try to avoid the waste of resources.
When borrowing, it is necessary to pay attention to the signing of contracts and agreements, and ensure the specific provisions of the contracts and the rights and interests guaranteed. In this way, it will be easier to protect one's legitimate rights and interests in the event of a debt dispute. At the same time, in order to avoid emotional damage with friends or relatives, it is recommended that when borrowing, do not rashly make promises that are difficult to fulfill, and do not borrow too much money so as not to affect the relationship between two people.
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If the other party refuses to repay the money, you can file a lawsuit in the court, and if the other party does not enforce the effective judgment after the judgment, you can apply to the court for compulsory enforcement. Go to the court to file a lawsuit, apply for pre-litigation property preservation, and go to the court to file a lawsuit The prosecution process generally includes filing a lawsuit, filing a case, hearing, and making a judgment.
After winning the lawsuit, if the other party does not repay the money within three years of the effective date of the judgment, it can file an enforcement lawsuit with the court. Article 119 of the Civil Procedure Law stipulates that 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.
The IOU is very important, although it has written some false content, but the borrower stamps his fingerprint to prove that he borrowed 100,000 yuan from you, and there are witnesses, you should be able to come back, you go to consult a lawyer for specific matters, after all, 100,000 is not a small amount, as for you to find someone to scare him, it will not constitute the crime of extortion, it should only belong to a general civil dispute, and it will be almost the same if you are detained for a few days.
You just say, "I'll pinch your love letter, I think the effect is pretty good, are you okay with me, I'll find someone else to try".
For those who have money and don't want to pay it back, only a tough approach can work. Since it's one thing for him to be inappropriate, you don't have to be polite to him, so you will tear his face and break off diplomatic relations to force him to pay back the money and go his own way.
If you need to borrow money, where can you borrow it? In fact, there are some ways to solve the problem. The first is to borrow money from relatives and friends; The second is through a bank loan, but the application process is more complicated and the application time is longer. >>>More
It's okay to talk to himself next to him, there is no money to buy a dress, there is no money to buy a mobile phone, there is no money to buy food.