-
Legal analysis: If the debtor has made an IOU, and the other party repeatedly denies and refuses to repay the arrears after the expiration of the contract, he can directly apply to the court for a payment order with the IOU.
Legal basis: Article 214 of the Civil Procedure Law of the People's Republic of China If a creditor requests the debtor to pay money or value, and the following conditions are met, Sun may apply to the basic people's court with jurisdiction for a payment order to change the order
1) The creditor and the debtor have no other debt disputes;
2) The payment order can be sent to the debtor.
The application shall clearly state the amount of money or valuable ** requested and the facts and evidence on which it is based.
-
If the debtor does not repay the money, the creditor can adopt the following methods: 1. Negotiate and sign a repayment agreement to clarify the method and time limit for repayment; 2. Apply for a payment order or file a lawsuit at the Suikai Court; 3. If it is still not repaid after the judgment, it may apply for compulsory enforcement. According to the relevant laws and regulations of China, 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, IOUs, and other evidence that can prove the existence of the legal relationship between the lenders.
Where a party holding an IOU, receipt, IOU, or other creditor's right certificate owned by a party does not indicate the creditor, and the party holding the creditor's right certificate initiates 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 2 of the Regulations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases When a lender initiates a private lending lawsuit with the 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 the 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. If 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 examination, it rules to dismiss the lawsuit.
-
Legal analysis: It's not that if you owe money and don't pay it back, you can't deal with it. If the other party does not cooperate and does not execute, it will be included in the list of dishonest judgment debtors, and will be restricted from high consumption and affect normal life.
Legal basis]:
Several Provisions of the Supreme People's Court on the Publication of Information on the List of Judgment Defaulters》 Article 1: Persons subject to enforcement fail to perform the obligations set forth in effective legal documents, and have any of the following circumstances; The people's courts shall include them in the list of judgment defaulters, and give them credit punishments in accordance with law: (1) Those who have the ability to perform but refuse to perform the obligations set forth in the effective legal documents; (2) Using methods such as fabricating evidence, violence, or threats to obstruct or resist the enforcement of a search or tour; (3) Evading enforcement by means such as sham litigation or arbitration, or concealment or transfer of assets; (4) Violating the property reporting system; (5) Violating an order restricting spending; (6) Refusal to perform on the enforcement of the settlement agreement without a legitimate reason.
-
On the premise of ensuring that the arrears have not exceeded the statute of limitations, collect IOUs, transfer records and other documents, resolutely take legal measures to protect rights and recover, file a civil lawsuit with the people's court, and obtain an effective judgment to apply for enforcement. According to Article 2 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases of Pants and Concealment, when a lender files a private lending lawsuit with the people's court, it shall provide proof of creditor's rights such as IOUs, receipts, IOUs, and other evidence that can prove the existence of the legal relationship between the lender and the lender.
Article 231 of the Civil Procedure Law: The property portion of a legally effective civil judgment or ruling, as well as a criminal judgment or ruling, shall be enforced by the people's court of first instance or the department of the people's court at the same level as the first Hu court trial court where the property subject to enforcement is located.
If you owe too much money and don't pay it back, you can't help it, you think you're unlucky.
The Night of Departure - Qiao Yang. Return to the K-Pax Planet -Kent .Jiahua Love Forever" - Liu Xijun. >>>More
I think the specific trick is to make a small complaint with your parents, deliberately let your mother-in-law hear, or let your husband tell her mother-in-law that she can't eat her mother-in-law's cooking, you can say that two people have a common space to give you grandchildren, then your mother-in-law will naturally be very happy and will leave.
Let's raise sheep! Right now**OK.