The most effective way to do if you don t pay back the arrears

Here's how to not pay back the money you owe:

1. Try to keep the evidence that the other party owes money, if not, you can write an IOU or IOU, indicating that the purpose of the loan is legal;

2. After getting the evidence, go to ask for money, if the other party has no money, you can negotiate to pay the debt in kind;

3. If the amount is relatively large, whether the other party has the intention to repay and wants to repay the debt, a civil lawsuit can be considered;

4. If the amount is huge, you can call the police to deal with it, and the other party may be suspected of fraud.

A typical type of fraud is borrowing money and not repaying it, that is, loan fraud, which refers to the fraud method in which the perpetrator uses deceptive methods of fabricating facts or concealing the truth for the purpose of illegal possession, and defrauds public and private property through the form of loans.

Litigation is the act of filing a lawsuit with the court in accordance with the law and requesting the court to try a specific case. The prosecution of a criminal case consists in requesting the court to convict and sentence the defendant through a trial; The purpose of initiating a civil lawsuit attached to a criminal case is to request the court to investigate the defendant's financial liability through trial. The prosecution must be brought by a citizen or legal person with the right to sue before a court of competent jurisdiction in accordance with the law.

In China, the prosecution of criminal cases mainly refers to the public prosecution initiated by the people's procuratorate, and only for other minor criminal cases that do not need to be investigated, the victim or his legal representative initiates a private prosecution; The initiation of a civil lawsuit attached to a criminal case may be the victim and his legally-designated person, as well as the people's procuratorate and the legal entity that has been violated.

Before filing a lawsuit, it is necessary to write a qualified complaint, which includes the basic information of the plaintiff and the defendant (clear name, address, occupation, age, work unit, etc.), litigation claims, facts and reasons. Second, a copy of the main evidence and a copy of the plaintiff's ID card should be provided.

Legal basisProvisions on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases

Article 2 When the lender files a 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.

1. Make a background check on the customer, and even retrieve the customer's corporate credit report, understand the current operation and financial situation of the other party, judge whether the other party is maliciously in arrears, and prevent the other party from becoming insolvent, secretly bankrupt or bankrupt.

2. According to the investigation, take strong collection measures.

1) Internal collection, often consumes a lot of manpower, material and financial resources, the effect is limited, this is the reality that can not be escaped, after all, the distance, time difference, poor culture, limited means of pressure, etc., do your best to obey the destiny of God!

2) Outsourced collection, entrusting a professional third-party agency to intervene in mediation, and non-litigation recovery of payment. With the advantage of channels, localized collection, professional institutions are familiar with local laws and regulations, interpersonal relationships and channel resources are advantageous, and they have rich experience and more pressure methods.

3) For litigation collection, it is still necessary to listen to the opinions of the third-party agency and whether it is suitable for litigation, after all, the litigation cost is high and the cycle is long, and comprehensive judgment is required.

A lawsuit can be filed in court. If it is truly unable to repay, it is a civil dispute and will not be held criminally liable.

If the Zen imitation wheel is capable of repaying but does not repay, and refuses to do so after compulsory enforcement, it is suspected of the crime of refusing to carry out the judgment or ruling, and shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine of large sums of money.

Legal basis: Article 111 of the Civil Procedure Law of the People's Republic of China stipulates that if a litigation participant or other person commits any of the following acts, the people's court may fine or detain a congratulatory letter based on the severity of the circumstances; where a crime is constituted, criminal responsibility is pursued in accordance with law

concealing, transferring, selling, or destroying property that has been sealed or seized, or property that has been inventoried and ordered to be kept, or transferring property that has been frozen; Refusal to perform on a judgment or ruling of a people's court that has already taken legal effect.

If the two parties still cannot resolve the matter after private communication and negotiation, Ku Zheng suggested that a lawsuit be filed with the Fafu Tuansong Court as soon as possible, and the court should make a judgment to recover the payment. Note: The statute of limitations for general payment disputes is three years, and if you file a lawsuit after the time limit, you may lose the right to win the lawsuit.

Summary. Hello dear, happy to answer your <>

The most effective way to deal with non-payment is to sue in court.

The most effective way to do if you don't pay back the arrears

Hello dear, happy to answer your <>

The most effective way to deal with non-payment is to sue in court.

The legal analysis made by Qinqin for you is as follows: if others do not repay the arrears of goods, and the creditor wants to sue the court, it is necessary to prepare the complaint, a copy of the complaint and the evidentiary materials, and file a lawsuit with the people's court with jurisdiction in accordance with the law. In addition, the time limit for creditors to sue the court to protect their rights generally cannot exceed the three-year limitation period.

The relevant legal basis compiled by Qinqin for you is as follows: Article 188 of the Civil Code of the People's Republic of China provides that the limitation period for hail action to request protection of civil rights from the people's court is three years. Where the law provides otherwise, follow those provisions.

Article 23 of the Civil Procedure Law of the People's Republic of China Article 23 Litigation arising from contract disputes shall be under the jurisdiction of the people's court at the place where the defendant is domiciled or where the contract is performed. Article 64 of the Civil Procedure Law of the People's Republic of China provides that parties have the responsibility to provide evidence for their own claims. Article 120 of the "Civil Procedure Law of the People's Republic of China" A complaint shall be submitted to the people's court for a lawsuit, and a copy shall be submitted in accordance with the number of defendants.

Article 122 of the Civil Procedure Law of the People's Republic of China: Where a party sues a civil dispute to the people's court is dismissed, and mediation is appropriate, mediation is to be conducted first, except where the parties refuse to mediate.

Dear, if you don't know anything, you can consult me at any time, as long as you need it, I am always there.

Debt disputes are civil cases, and it is necessary to bring relevant evidence (IOUs, transfer certificates, audio recordings, chat records, etc.) to the people's court for litigation.

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. The IOU must meet the following elements:

1) The definite amount owed must be indicated.

2) There should be a specific repayment time and interest calculation method or other handling opinions.

3) There should be a clear debtor.

If the IOU does not have a clear repayment time, you can negotiate with the debtor to clearly negotiate the specific repayment time, etc., and be sure to make a written guarantee, or you can use a tape recorder to record the commitment. If the debtor refuses to pay off the arrears after the promised time has expired, he can use these as strong evidence to sue the court. If there is no property available for enforcement and the debtor refuses to perform the effective judgment of the court, the debtor will be included in the list of judgment defaulters, and may even be subject to judicial detention.

In cases where there is capacity but refusal to enforce the judgment, it is suspected of the crime of refusing to enforce the judgment or ruling. If the court has ordered him to repay the loan, but it is proved that he is unable to repay the loan, he may apply for a suspension of enforcement and wait for the enforcement conditions to be enforced.

Legal basis: Article 675 of the Civil Code (in force) The time limit for the borrower to return the loan.

The borrower shall return the loan within the agreed time limit. Where there is no agreement on the term of the loan or the agreement is not clear, and it is still uncertain in accordance with the provisions of Article 510 of this Law, the borrower may return it at any time; The lender may demand the borrower to return it within a reasonable period of time.

Article 676 The borrower shall be liable for repaying the loan within the time limit.

If the borrower fails to repay the loan within the agreed time limit, it shall pay overdue interest in accordance with the agreement or the relevant provisions of the state.

Summary. Recovery through negotiation If the two parties can negotiate to resolve the arrears, it will be the least costly and most efficient method. **The lawyer accepts the entrustment to recover the payment on behalf of the client, and during the period, the client shall not withdraw the entrustment without the consent of the ** lawyer.

The means of recovery include ** recovery, letter recovery, issuance of ** lawyer's letter, etc., and the specific recovery method is determined by the parties according to the specific circumstances of the case, such as the size of the subject matter, the degree of completeness of the evidence, and the time of payment arrears. Regardless of the method used to recover the payment, the parties should actively cooperate with the lawyer in the recovery.

Recovery through negotiation If the two parties can adopt the negotiated party to solve the problem of arrears, it will be the most cost-effective and efficient method. The lawyer accepts the entrustment to recover the payment on behalf of the lawyer, and during the period, the client shall not withdraw the entrustment without the consent of the lawyer. The means of recovery include ** recovery, letter recovery, issuance of ** lawyer's letter, etc., and the specific recovery method is determined by the parties according to the specific circumstances of the case, such as the size of the subject matter, the degree of completeness of the evidence, and the time of payment arrears.

Regardless of the method used to recover the payment, the parties should actively cooperate with the lawyer in the recovery.

Legal basis: Article 15 of the "Law of the People's Republic of China on Civil Litigation on Difficult Matters": Organs, social groups, enterprises, and public institutions may support the injured units or individuals in filing lawsuits in the people's courts for conduct that harms the civil rights and interests of the state, the world's collectives, or individuals. Article 2 of the Arbitration Law of the People's Republic of China Contract disputes and other disputes over property rights and interests between citizens, legal persons and other basic organizations of equal subjects may be arbitrated.

I have an IOU owed by several partners, and I was sued by the owner of the goods.

You can go and sue the other partners.

There is no way to do it.

It can only be solved by legal means.

What should I do to deal with the shipper?

You should actively deal with the pro, and then explain the situation to the owner.

Four-person partnership: I promised to pay a quarter of the payment, and the owner did not comply.

Have you explained this to the cargo owner?

Explained. Based on your situation, I suggest that you explain the situation to the court when the time comes.

The solution to the non-repayment of arrears: 1. The remaining creditors can sue in the court, if there is an agreed jurisdiction court, go to the agreed court to sue, if there is no agreed jurisdiction of the court, to sue at the location of the plaintiff or defendant. 2. The prosecution should prepare the complaint, evidentiary materials, and the main information of the original defendant, the main information of the original defendant is the business license, organization certificate, ID card, etc., and the evidence materials submitted are one copy of each defendant and one copy of the court, and the materials should be prepared sufficiently.

3. The statute of limitations for recovering arrears is three years. Article 675 of the Civil Code stipulates that the borrower shall return the loan within the agreed time limit. Where there is no agreement on the term of the loan or the agreement is not clear, and it is still not determined in accordance with the provisions of Article 510 of this Law, the borrower may return it at any time; The lender may demand the borrower to return it within a reasonable period of time.

Article 668 of the Civil Code stipulates that the loan contract shall be in written form, unless otherwise agreed upon in the loan between natural persons.