What to do if you don t pay back the money you owe is the most effective

The workaround for non-payment is as follows:

1.If there is a sales contract, the creditor has evidence to prove that there is a legal relationship such as sales or supply with the customer company. If there is no sales contract, evidence such as the customer's order and the creditor's invoice can also prove the existence of the de facto sales contract relationship;

2.If there is a written receipt, then the creditor has evidence to prove the actual number of transactions, and only by signing the receipt or in conjunction with the sales contract can the amount payable for the actual transaction be further proved. If there is no proof of receipt, but there is a statement, it can also prove the amount of payment due;

3.If the creditor company has provided the customer company with a VAT invoice, and the customer company has signed for receipt or certified the deduction, the creditor company can provide the VAT invoice as supplementary evidence to increase the confidence of winning the lawsuit;

4.The statute of limitations for payment disputes is 2 years. If a lawsuit is filed after the statute of limitations, your company will lose the right to win the lawsuit once the client company disputes the statute of limitations.

Therefore, the creditor should first confirm whether there is evidence to prove that the creditor and the customer company have agreed on the payment term. If there is no agreement, it is generally considered that the cash on delivery is in accordance with the transaction custom, then the statute of limitations shall be calculated from the date of receipt of the goods. Where there is an agreement, the statute of limitations is calculated from the date on which the agreed payment period expires.

Precautions when collecting payment from customers:

1.The first step is the best. Today, in the 21st century, we must pay attention to speed in doing things, and speed is the key factor in success or failure. The payee should also strike first. Because the customer's funds are always limited, we have to recover the payment before the competitors;

2.Tip: Pay for goods to be "calculated quickly and skillfully" Collecting is a numbers game. The payee should know the number of accounts receivable at different stages. The calculation of accounts receivable is not only fast but also accurate. In this way, we can win time, win the trust of customers, and successfully recover the payment;

Legal analysis: Negotiate with the other party to negotiate installment payment and file a civil lawsuit. If you owe a loan and have no money to repay, if you are sued by the creditor, the court will file a case for investigation.

If the 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 over the imitation for a payment order.

Legal basis: Article 119 of the Civil Procedure Law of the People's Republic of China must meet the following rough 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.

Legal analysis: If the conditions for filing a lawsuit are met, a lawsuit may be filed directly with the people's court. If the creditor still does not repay the loan after obtaining the compulsory documents, it may apply for compulsory enforcement.

Legal basis: According to Article 108 of the Civil Procedure Law of the People's Republic of China, 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; (Eryuanheng) has 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.

Failure to pay for goods cannot be brought in court within the statute of limitations. If there is an agreement in the contract to sue the source, then the lawsuit shall be filed in accordance with the place where the contract is signed or the agreed place; If not, go to the defendant's location to sue.

Legal basis: Article 188 of the Civil Code of the People's Republic of China: 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 shall be calculated from the date on which the right holder knows or should have known that the right has been harmed and that the obligor has been damaged. Where the law provides otherwise, follow those provisions. However, if more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not grant protection, and where there are special circumstances, the people's courts may decide to extend the rights holder on the basis of the right holder's application.

The most effective way to file a lawsuit with the court is to file a lawsuit against the non-repayment of the loan, which falls within the jurisdiction of the Civil Procedure Law. Article 3 of the Civil Procedure Law: The provisions of this Law apply to people's courts accepting civil lawsuits brought by citizens, legal persons, and other organizations, as well as between them on the basis of property and personal relationships. Article 176 of the Civil Code: Civil entities are to perform civil obligations and bear civil liability in accordance with the provisions of law or as agreed upon by the parties.

Article 579:Where one of the parties fails to pay the price, remuneration, rent, or interest, or fails to perform other monetary debts, the other party may request payment from the other party. Article 580:Where one of the parties fails to perform a non-monetary debt or the performance of a non-monetary debt does not conform to the agreement, the other party may request performance, except in any of the following circumstances: (1) Legally or factually unable to perform; (2) the subject matter of the debt is not suitable for compulsory performance or the cost of performance is excessive; (3) The creditor fails to request performance within a reasonable period of time.

Where there are any of the exceptions provided for in the preceding paragraph, resulting in the inability to achieve the purpose of the contract, the people's court or arbitration institution may, at the request of the parties, terminate the contractual rights and obligations, but this does not affect the assumption of liability for breach of contract.

Summary. Hello dear and honored to answer your <>

According to your question [what to do if you don't pay off the money you owe is the most effective], here are the results of my analysis for you from a legal point of view: <>

What to do if you don't repay the arrears The most effective way to repay the arrears is to negotiate with the other party to settle the matter, and if the negotiation fails, you can file a lawsuit with the people's court and let the court judge the other party to enforce the debt. After the court judgment is issued, if the debtor still does not pay the money, he can apply for compulsory enforcement.

What to do if you don't pay back the money you owe is the most effective

Hello dear and honored to answer your <>

According to your question [what to do if you don't pay back the arrears is the most effective], the following is the result of my analysis for you from a legal point of view: <>

What to do if you don't repay the arrears The most effective arrears are not repaid, you can first negotiate with the other party to settle the problem, and if the negotiation fails, you can file a lawsuit with the people's court to let the court judge the other party to enforce the debt. After the court judgment is issued, if the debtor still does not pay the money, he can apply for compulsory enforcement.

According to Article 119 of the Civil Procedure Law, the following conditions must be met to sue the debtor: (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) Within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit, the following conditions must be met for litigation under article 119 of the Civil Procedure Law: (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 lawsuits, asking for peace and taking 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.

Still have questions? Kiss, can you talk about it specifically? Or is there anything you'd like to talk about? <>

What should I do if the other party owes me the money and does not pay it back?

Hello: Liang Fang buried to file a lawsuit with the people's court, so that the court can judge the other party to enforce the debt. After the court judgment is issued, if the debtor still does not pay the money, he can apply for compulsory enforcement.

We are ** contact, there is no arrears of rent receipts, he said cash on delivery, hit ** urged him to give me immediately is not to give, what should I do?

Hello; First of all, the two sides can negotiate, and if the negotiation can be resolved, but there is no money for the time being, it is also possible to limit a reprieve period. According to the provisions of China's Civil Procedure Law, civil litigation implements the principle that whoever asserts the claim shall present evidence, and if the parties cannot provide evidence for their own claims, they will bear adverse legal consequences. If the negotiation fails, other evidence must be collected, such as audio recordings, witnesses, and other documents signed for the payment of the goods, etc., which can be used as evidence, and if necessary, file a lawsuit with the people's court.

If the parties do not have an IOU and want to get the loan back, they must first find a way to consolidate the loan contract relationship.

Legal analysis: The most effective way is to file a lawsuit with the people's court to recover the payment, and you can apply for compulsory enforcement.

Legal basis: 1. Article 15 of the "Civil Procedure Law" provides that organs, social groups, enterprises and public institutions may support the injured unit or individual in filing a lawsuit in the people's court for acts that harm the civil rights and interests of the state, collectives, or individuals.

2. Article 236 of the "Civil Procedure Law" stipulates that the parties must perform on the method in which enforcement begins and the civil judgments and rulings that take legal effect. 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.