Someone borrowed money and didn t pay it back, how should they get it back

1. How to get the borrowed money back if you don't pay it back

1. If the debtor borrows money and does not repay it, the creditor can get the money back through the following channels:

1) Negotiate and settle. On the basis of equality and voluntariness, the parties shall reach a settlement agreement through friendly consultation, mutual understanding and mutual accommodation, and then resolve the dispute.

2) Mediation settlement. Under the auspices of relevant organizations (such as people's mediation committees) or intermediaries, on the basis of equality, voluntariness, and legality, distinguish right from wrong, clarify responsibilities, and promote the parties to reach an agreement on their own through presenting facts and reasoning, so as to resolve disputes.

3) Arbitration settlement. The parties to the dispute shall apply to the arbitration institution in accordance with the arbitration agreement or arbitration clause in the contract reached before or after the dispute, and the arbitration institution shall hear and make an award in accordance with the law, and the dispute shall be resolved through the parties' conscious performance of the award or the application of one party to the people's court for compulsory enforcement.

4) Litigation settlement. If the parties fail to resolve the matter through the above means, they may file a lawsuit with the people's court, and the people's court will make a judgment.

2. Legal basis:

Article 3 of the Civil Procedure Law of the People's Republic of China.

Article 2 of the Arbitration Law of the People's Republic of China.

2. What is the evidence for the recovery of arrears?

1. Provide written evidence such as IOUs, IOUs or loan contracts that can prove the existence of creditor's rights and debts. Where there is no documentary evidence, the time, place, and amount of the formation of the creditor's rights and debts relationship shall be provided, and disinterested witness testimony or evidentiary clues shall be provided.

2. If there is a guarantor, the name, gender, age, work unit and address of the guarantor shall be provided; If the guarantor is a legal person, the name of the legal entity, the legal representative and his or her address shall be provided. Where there is a security agreement, a written security agreement or guarantee clause should be provided.

3. If there is collateral, the name, quantity, amount of price, place of deposit and name of the custodian and other supporting materials shall be provided.

4. Provide proof of the debtor's failure to perform or incomplete performance of obligations within the time limit and proof of claiming rights during the statute of limitations.

5. Regarding the corresponding evidence of the co-defendants, if Lev and the other party are co-defendants, the proof of marital relationship should be submitted; Corresponding evidence of shareholders' insufficient capital contributions, withdrawal of capital contributions, shareholders' abuse of their independent status as legal persons, and limited liability of shareholders.

First, how do you repay the money you borrowed from others?

How to borrow money and not pay it back: ask the other party directly. If the other party refuses to pay back the money, you can go to court to sue.

If the other party does not enforce the effective judgment after the judgment, it may apply to the court for compulsory enforcement. Go to the court to file a lawsuit, apply for pre-litigation property preservation, and go to the court to litigate. The process of prosecution generally includes case filing, case filing, trial, and judgment.

After winning the lawsuit, if the other party does not repay the money within three years after the judgment takes effect, it may file an enforcement lawsuit with the court.

Article 119 of the Code of Civil Procedure stipulates that the following conditions must be met for a lawsuit to be instituted:

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 requests, 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 that is the subject of the lawsuit.

You can't borrow money yourself, entrust others to ask for it, sue for debts, etc.

1. Ask for it yourself

The so-called self-collection means that you use all possible and impossible methods to personally go to the debtor to collect it. The biggest advantage of this method is that it is direct. The matter can be resolved directly face-to-face with the debt.

If you are close to the debtor, this method of debt collection is more economical and will not incur travel expenses or other expenses. If you are strong enough and there is a way, the money will come back faster, which can save time.

2. Entrust others to discuss

Entrusting others to collect your debts is to let others help you collect your debts, and to be the big shopkeeper yourself. The most familiar person who can take on this kind of "business" is the debt collection company. The advantages of this method are simplicity, hassle-free, and worry-free.

But the disadvantages of this method are also prominent, that is, it is expensive and easy to be deceived.

3. Sue for debt collection

Suing to collect debts is to use the method of litigation to collect debts. This method is also directly facing the debtor, so its advantages are also direct. Although there will be litigation costs incurred in suing, it is still more cost-effective than entrusting someone else to collect debts.

The biggest advantage of this method is that he can fix the debt, and he can help us collect the debt with the help of the majesty of the law and the power of the court.

How to remind you if you don't repay the borrowed money?

1. Borrow money from the other party

This method is the simplest and most commonly used way to borrow money from the other party. This is actually a very clever way to remind those who forgot to pay back: it's time for you to pay back! Secondly, you can also express your meaning to the other party tactfully.

2. Hinting at the other party

For example, if you order takeout with a colleague and everyone is in the office, you can say to the colleague, "xx! Do I still owe you money for takeout, you tell me quickly, and I'll transfer it to you.

You can make this colleague happy, because the money you owe him can be repaid without being reminded.