How to deal with the old man if he doesn t pay off the debt

Resolve issues through litigation.

Many people are reluctant to go to court because they feel "dishonorable". This perception should change. Litigation is one way to resolve disputes, and it is also a last resort when other methods cannot be exhausted. It is broadly divided into four steps:

1.pre-litigation property preservation;

2.Indict; 3.execution;

4.Conciliation. When the debtor refuses to repay the money, it needs to be resolved by legal means. However, when dealing with creditor's rights and debts, it is always more advantageous to use legal means.

The way to deal with the old man who owes money is to negotiate with each other to settle it. If the debtor does not cooperate with the handling, he can directly go to the court to file a lawsuit; The debtor's information (name, gender, place of work, address, etc., name and address of legal person or other organization, etc.) is verified before filing a lawsuit. If a lawsuit is filed with the court according to specific facts and reasons, after the court accepts it, a summons will be issued to the debtor, and the court will give priority to mediation during the lawsuit; If the party does not accept the mediation, or the mediation fails, it must be heard, and if the case is won, the court will decide in accordance with the law on how long the debtor will return the money to the designated account.

If the debtor fails to repay within the time limit, it can apply to the court for enforcement.

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 with 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: In the case of a debtor who does not repay the money, the creditor's remedies are:

1. Negotiate and settle. Some debtors are not unwilling to repay the money, if this is the case, they can negotiate a settlement, write an IOU in time, and urge him to repay the loan as soon as possible. If you can negotiate and solve it, try to negotiate and solve it, after all, harmony is precious.

3. Apply for a payment order. If the borrower has made an IOU, and the other party repeatedly denies and refuses to repay the money after the expiration of the contract, he can directly apply to the court for a payment order with the IOU.

4. Apply for compulsory enforcement. After the legal document takes effect, apply to the court for compulsory enforcement, and the court will inquire about the real estate, vehicle, ** and deposit in the name of the debtor in accordance with the law when accepting the enforcement. If there is property in the name of the person subject to enforcement that can be used for enforcement, the court will seal and seize it.

If the debtor has no property in his name that can be used for enforcement and refuses to perform the effective judgment of the court, negative information such as overdue repayment will be added to his personal credit report and included in the list of dishonest persons, and he will be restricted from high consumption and entry and exit, and may even be subject to judicial detention.

Legal basis: "Several Provisions of the Supreme People's Court on the Publication of Information on the List of Judgment Defaulters" Article 5: Enforcement notices issued by people's courts to persons subject to enforcement shall indicate content such as risk warnings related to inclusion in the list of judgment defaulters.

Where the person applying for enforcement feels that the person subject to enforcement has any of the circumstances provided for in article 1 of these Provisions, they may apply to the people's court to include them in the list of judgment defaulters. The people's court shall review and make a decision within 15 days of receiving the application. Where the people's courts find that the person subject to enforcement has any of the circumstances provided for in article 1 of these Provisions, they may also decide to include them in the list of judgment defaulters in accordance with their authority.

Where a people's court decides to include a person subject to enforcement in the list of judgment defaulters, it shall draft a written decision, and the decision document shall clearly state the reasons for inclusion in the list of judgment defaulters, and where there is a time limit for inclusion, the time limit for inclusion shall be clearly stated. The decision shall be signed by the President and shall take effect from the date of its issuance. The written decision shall be served on the parties in accordance with the methods of service of legal documents provided for in the Civil Procedure Law.

Legal Analysis: If the debtor fails to repay the debt, the creditor can exercise his rights in the following ways:

1.Negotiated settlement;

2.Filing a lawsuit in court; Silly finished.

3.Application for Enforcement.

Legal basis: According to Article 120 of the Contract Law of the People's Republic of China, the parties may resolve contract disputes through conciliation or mediation.

If the parties are unwilling to settle or mediate, or if the settlement or mediation fails, they may apply to the arbitration institution for arbitration in accordance with the arbitration agreement. The parties to a foreign-related contract may apply to a Chinese arbitration institution or other arbitration institution for arbitration in accordance with the arbitration agreement. If the parties have not concluded an arbitration agreement or the arbitration agreement is invalid, they may file a lawsuit with the people's court.

The parties shall perform legally effective judgments, arbitral awards, and mediation documents; Where performance is refused, the other party may request the people's court to enforce it.

Summary. Hello, there are several methods you can try:

1.Go to the court: keep chat records, transfer records, and call recordings with Lai, sue to the court, and apply for enforcement;

2.Go to the police station: If you borrow money for yourself, it may involve fraud, but you have to report it before going to the court, because after you go through the court process, the police station will identify it as a private loan, because if it involves fraud, it will be directly handed over to the police station.

How to deal with the old man if he doesn't pay off the debt

Hello, there are several methods you can try:1Walk the court:

Keep chat records, transfer records, and call recordings with Lai, and sue the court to apply for enforcement; 2.Go to the police station: If Lao Lai borrows money for his own use, it may involve fraud, but this must be reported to the police station before going to the court, because after you go through the court process, the police station will identify it as a private loan, because if it involves wild fraud, it will be directly handed over to the police station.

3.Find an intermediary to convey it, it can be a mutual friend, or it can be his relatives with a formal job, he is shameless, and his family still has to be faced, and it is not excluded to find a person who specializes in pure industry to ask for accounts (can be sent to pretend to be a friend), in short, even if you don't want this money, you can't talk about it and give it to the old man, so that these people will always remember that the money borrowed has to be repaid, and they don't still have to pay the price.

After all, the situation that everyone encounters is not exactly the same, and the specific situation should be analyzed in detail, and the money that was originally their own should be taken back without breaking the law.

1. How to deal with the old man if he doesn't repay the debt.

1. The party who fails to repay the debt can sue the court for repayment, and after the court judgment, if the other party fails to perform the court judgment within the performance period, the party can apply to the court for compulsory enforcement. When the court accepts the enforcement, it will inquire about the real estate, vehicles, ** and deposits in the debtor's name in accordance with the law. If the party has no property in his name that can be enforced and refuses to perform the effective judgment of the court, he will be included in the list of dishonest persons and will be restricted from spending and entering and exiting the country.

2. Legal basis: Article 243 of the Civil Procedure Law of the People's Republic of China.

If the person subject to enforcement is suspected of failing to perform the obligations set forth in the legal documents in accordance with the enforcement notice, the people's court has the right to withhold and withdraw the part of the income that the person subject to enforcement shall perform the obligations. However, the necessary living expenses of the person subject to enforcement and the family members he or she supports shall be retained. When the people's court withholds or withdraws income, it shall make a ruling and issue a notice of assistance in enforcement, which must be handled by the unit to which the person subject to enforcement, the bank, the cooperative and other units with savings business are concerned.

2. Is it illegal not to repay debts?

Failure to pay a debt is illegal and does not constitute a crime. Failure to repay debts is an illegal act, violating civil law, not criminal law, and can only be sued to the court to demand repayment of money, and the public security organs cannot intervene, owing money is not still an illegal act, but the act of not paying back money does not constitute a criminal offense, that is, it is not a criminal act.