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If someone borrows money from me without an IOU and does not pay it back, and can still pass the law to get it back, the key is to look at the evidence, and you must have sufficient evidence to prove that the other party has borrowed money from you. The best way to get evidence:
1. If possible, ask the other party to make up an IOU for you;
2. Apply directly to the court for a payment order;
3. Adopt ** recording or other recording forms.
4. You can check whether there is real estate, vehicles, and deposits in your name, and seal and freeze them for execution.
5. If the repayment period has expired for two years, and the period has passed, evidence must be found to prove it, otherwise the statute of limitations will be exceeded.
6. If there is a guarantor, the guarantor shall be established as a co-defendant within the period of guarantee and request joint repayment of the arrears.
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It's unlikely that you will come back, so you should spend money to buy lessons. Now there are many people who cheat like this.
You can't be too kind sometimes.
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Dude, you're such a nice guy.
If you meet this kind of person, you will pay less attention to him in the future, and you will decide to pay the money when it comes.
I hate this kind of person the most
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Ay!! I won't get back the money I borrowed! Say too much, say less, and it's average, no way, I looked pitiful at the time, borrowed them, and now it's going to be this!!
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Lost money and avoided disaster. At least recognize his true colors, it is impossible to help him in the future, and he is not your son, why should you raise him? In the future, who knows whom!
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Can you find a few brothers to ask him, he is scolding you.
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Legal analysis: If the debtor owes money and does not pay it back, the creditor can sue for processing, or apply to the court for a payment order to collect the debt.
Legal basis: Article 675 of the Civil Code of the People's Republic of China. If the borrower and the lender agree on a repayment period, the borrower shall repay the loan in accordance with the agreed time limit.
If the borrower and the lender do not agree on the loan repayment period or the agreement is not clear, the two parties may negotiate to supplement it; If a supplementary agreement cannot be reached, it shall be determined in accordance with the relevant provisions of the contract or transaction customs.
If there is still no certainty, the borrower can return it at any time; The lender may urge the borrower to repay the loan within a reasonable period of time.
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Legal analysis: In the case of non-repayment of the money owed, it is recommended to file a lawsuit with the people's court as soon as possible to demand repayment, and once the statute of limitations has expired, the right to win the lawsuit will be lost; After winning the lawsuit, if the other party fails to perform the court judgment within the performance period, it can apply to the court for enforcement; After accepting the compulsory enforcement, the court will inquire about the real estate, vehicles, ** and deposits in the name of the debtor in accordance with the law; 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.
Legal basis: Article 188 of the Civil Code of the People's Republic of China: The statute of limitations for requesting protection of civil rights from the people's courts is three years. Where the law provides otherwise, follow those provisions.
The limitation period is calculated from the date on which the right holder knows or should know that the right has been damaged and the obligor. 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.
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Legal Analysis: If it is just a simple debt of money that does not belong to a civil offense, it is not a criminal offense, and it is generally not a sentence, and if the manuscript is a malicious refusal to enforce the judgment of the court, it may constitute a crime.
Legal basis: "Law of the People's Republic of China on Criminal Punishment or Respect for Suspicion" Article 313:Where a people's court's judgment or ruling is capable of being enforced but refuses to do so, and the circumstances are serious, a sentence of up to three years imprisonment, short-term detention, or a fine is to be given; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine.
Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph.
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Legal analysis: If the debtor owes money and does not pay it back, the creditor can sue for processing, or can also apply to the court for a payment order to collect the debt. To file a lawsuit, the following materials must be submitted to the court:
1. Evidence proving the qualifications of the parties as the subject of the litigation; 2. Evidence to prove the existence of the borrowing relationship; 3. Evidence to prove that the loan has been repaid; 4. The basis for calculating the amount of the litigation claim.
Legal basis: Article 119 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; (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. Kaichai.
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For this kind of person who owes money and does not pay it back, we can take measures such as, first, that the other party communicates and coordinates so that the other party can repay the money in a timely manner, second, that the other party finds the other party with evidence and asks the other party to repay the money, and third, through the relevant parties to protect their own interests in accordance with laws and regulations, and ask the other party to repay the money. First of all, I will communicate and coordinate with the other party to make the other party repay the money in time, which is the most ideal solution. For the situation of not paying back the money, the ideal transition is to solve the problem through communication and coordination.
Specifically, you can find the person who owes money and don't pay it back, communicate and coordinate with reason, and in this way, the other party can pay off the money in time, so that you can properly solve this problem. This is clearly the most ideal way to solve the problem. Secondly, if the other party does not take the initiative to repay the money, you can take the evidence and ask the other party to repay the money.
In most cases, people who owe money and don't pay it back won't take the initiative to pay it back, and communication won't work out. With real evidence in hand, it is reasonable to do so on your own. In this way, the other party feels that he is at a loss, and he will repay the money in time.
Although this will have an impact on the relationship between the two parties, it is also a good solution to get your money back.
Finally, if the other party refuses to repay the money, it can protect its own interests through relevant parties in accordance with laws and regulations. In real life, there are some people who are of low quality and refuse to pay back the money after owing money, and communication with them is simply ineffective. In this case, we can protect our own interests in accordance with laws and regulations, and demand that the other party repay the money through the relevant parties.
All in all, those who owe money and do not pay it back have no way to deny that they must pay back the money when the facts are clear and the evidence is conclusive.
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In the face of people who owe money and do not pay it back, you first need to stay calm and not be too excited or emotional.
Here are some suggestions for dealing with the arrears:
1.Find a proper solution: If the other party is unable to repay the loan due to difficulties or other reasons, you can consider negotiating with the other party to formulate a repayment plan, or seek mediation from a third-party institution.
3.Seek legal remedy: If the situation is more serious, such as the other party does not repay the loan at all or deliberately delays the repayment time, you can seek legal means to protect your rights and interests.
4.Avoid complicating the debt: Try to avoid lending money to the other party again or asking someone else to lend money to the other party until the problem is resolved.
The most important thing is to avoid dealing with the situation emotionally, to treat the other person in an appropriate way, and at the same time to protect your own legal rights and interests.
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The main procedures include the following: 1. Hold valid arrears vouchers such as: IOUs, IOUs, contracts, transfer vouchers, etc., to sue the debtor or the court where the loan is located, and if the loan contract stipulates the competent court, go to the agreed court to file a lawsuit.
2. In order to avoid the transfer of property by the debtor, an application for property preservation may be made as soon as possible after the case is filed. If you don't know whether the other party has property, you can apply to the court to check with the bank or housing authority, but it should be noted that the application for property preservation must provide security to the court. The amount of security provided shall be equal to the amount requested for preservation.
If the applicant does not provide a guarantee, the people's court may reject the application. In the event that the respondent suffers losses due to an error in property preservation in a lawsuit, the respondent can directly obtain compensation from the property secured by the applicant. 3. The stage of legal proceedings, which includes the presentation of evidence, the presentation of evidence, debate, etc., and the court of both sides presents evidence and cross-examination, debate, etc., and the court makes a judgment or mediation according to the trial situation, and mediation is carried out on the basis of the consent of both parties.
4. Application for compulsory enforcement, it is not necessary to apply for compulsory enforcement, if in the previous stage, the two parties reached mediation and have completed the performance, the legal procedure is over, and if after the judgment or mediation is made, the other party does not pay the arrears in accordance with the judgment or mediation agreement, you can apply for enforcement.
Article 103 of the Civil Procedure Law of the People's Republic of China: Property shall be preserved by sealing, seizure, freezing, or other methods prescribed by law. After the people's court preserves property, it shall immediately notify the person whose property is being preserved. Article 214 of the Civil Procedure Law of the People's Republic of China Where a creditor requests the debtor to pay money or valuables, it may apply to the basic people's court with jurisdiction for a payment order if the following conditions are met:
1) The creditor and the debtor have no other debt disputes; (2) The payment order can be served on the debtor. The application shall clearly state the amount of money or valuable ** requested and the facts and evidence on which it is based. Repentance.
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It depends on how much you owe and how long you have been in arrears.
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If there is an IOU, is there evidence, and it can be entrusted to the court.
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What if someone owes a debt and doesn't pay it? Resolve the matter through legal channels and collect evidence to file a lawsuit in court.
The workaround for non-payment is as follows: >>>More
Hello: 1. The IOU signed in that year is legally valid. However, three years have passed, which brings us to the issue of the statute of limitations. >>>More
Why not pay it back! What's this! Ask directly! She can do that, why can't you.
Hello, in the eyes of the law, it is not supported to pay the debt of the son. But in private, you can try it, and if the amount is not large, parents will pay it back for their children.
After borrowing, the other party owes money and does not repay the money, mainly including negotiation, mediation, application for payment order, litigation, etc. Among them, 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. >>>More