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If you owe money, you can't call the police. You can't call the police if you owe money, but the creditor-debtor relationship is a civil legal relationship, and the police can't do anything after calling the police. If the debtor fails to repay the loan through negotiation, it may apply to the mediation committee for mediation or file a civil lawsuit with the people's court.
The solution to the problem of not paying back the money owed1. Use administrative intervention to assist in debt collection.
The so-called use of administrative intervention to help realize debt collection means that in the process of debt collection, the creditor has obtained the sympathy and support of the debtor's higher-level competent department through its own hard work, and through the debtor's higher-level leading organ, the debtor has been explained and educated to persuade the debtor to perform the debt as soon as possible.
2. Filing a lawsuit with the court.
If you really don't want to come back, and the amount of money borrowed is also large, it is recommended to file a lawsuit with the court and realize your claims with the help of the power of the law. But there is one problem in order to win the lawsuit, and that is evidence. If you have an IOU or contract, you can think of other methods, such as audio recordings, text messages, chat records, etc., which can be used as strong evidence.
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Legal analysis: Owed money is not a civil case, under normal circumstances, the intervention will be very shallow, will not go deeper, at most it is mediation, will not file a case. Owing money is not a civil dispute and can be resolved through court proceedings.
Legal basis: Article 675 of the Civil Code of the People's Republic of China 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 the loan at any time, and the borrower may urge the borrower to return the loan within a reasonable period of time.
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Legal analysis: Owed money is not a civil case, under normal circumstances, the first intervention will be very shallow, will not go deeper, at most it is mediation and mediation, and will not file a case. It is not possible to solve the problem of not paying back the money owed by calling the police.
Legal basis: Article 2 of the Provisions on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases stipulates that when a lender files a 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 a legal relationship between loans and loans.
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.
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When it comes to the question of whether it is useful to call the police if you owe money, it may be different in different situations, but here are a few common scenarios:
1.Involving criminal offenses: If it involves fraud, theft and other criminal acts, if there is evidence, reporting to ** can play a certain role, and ** will investigate and pursue such cases, so that the victim can get compensation as much as possible.
2.Civil debt: If it is just an ordinary civil debt dispute, and it is only an oral and written agreement to make a loan, reporting to ** cannot directly solve the problem.
Because civil disputes need to be resolved through legal procedures, it is not enough to solve the problem by relying on the intervention of **. However, reporting to the ** may have a certain deterrent effect, forcing the debtor to fulfill the repayment obligation as soon as possible.
3.No one is responsible: If the debtor is unable to repay the debt, and does not fulfill the repayment obligation after the agreed period, and the debtor cannot find the debtor's whereabouts, the effect of reporting to ** will not be very good.
Because the ability to solve such problems is very limited, it takes a lot of work to find the debtor and recover the arrears.
To sum up, in the case of a criminal offense, it is useful to report the case to **; For ordinary civil disputes or in the absence of sufficient clues to trace the debtor, it will not be very helpful to solve the problem, and it is more suitable to choose mediation with a professional institution or lawyer or to initiate a lawsuit. At the same time, on the premise of protecting their own rights and interests, they should adopt legal and effective ways to resolve disputes as much as possible.
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If the other party doesn't owe much money, then during the Chinese New Year, it's best not to ask the other party for money.
But if the other party deliberately owes money and does not pay it back, then even if it is a big New Year, you should ask the other party for money, so that the other party feels uncomfortable, so as to force the other party to pay back.
Owed money is not repaid. 1. There are several steps in the process of prosecuting a court if you owe money and do not pay it back.
There are 5 steps to the court prosecution process. The ordinary procedure will be completed within 6 months. According to the provisions of the Civil Procedure Law, if the creditor requests the debtor to pay money and value, it may apply to the basic court with jurisdiction for a payment order if it meets the following conditions:
The creditor has no other debt disputes with the debtor; The payment order can be served on the debtor.
The approximate procedure for prosecution is as follows:
1. Write a good indictment;
2. Bring evidence and indictment to the court to file a case and pay the litigation fee;
3. After the court reviews and confirms acceptance, it will be heard;
4. The judgment of the court;
5. Enforcement of judgments.
2. How to sue if you owe money?
According to the provisions of the Civil Procedure Law, if the creditor requests the debtor to pay money and valuable, it may apply to the basic court with jurisdiction for a payment order if the following conditions are met: the creditor and the debtor have no other debt disputes; The payment order can be served on the debtor.
If the debtor fails to pay off the debt within 15 days after receiving the payment order issued by the court, or does not file a written objection to the court, the creditor may apply to the court for enforcement.
3. Can't you still call the police if you owe money?
The failure to repay the money owed is a civil dispute and is not within the jurisdiction of the public security organs, and cannot be handled by the police. However, the parties concerned can resolve the debt dispute through negotiation, and if the dispute cannot be resolved through negotiation, they may file a lawsuit with the court and resolve the dispute through the court.
Article 3: The provisions of this Law shall apply to the courts' acceptance of civil lawsuits brought by citizens over property and personal relationships, legal persons, other organizations, and between them.
Article 21 The court of the defendant's domicile shall have jurisdiction over civil lawsuits brought against citizens; Where the defendant's domicile is inconsistent with the defendant's habitual residence, the court for the habitual residence has jurisdiction.
Civil lawsuits brought against legal persons or other organizations shall be under the jurisdiction of the court at the place where the defendant is domiciled.
Where several defendants in the same lawsuit are domiciled or habitually reside in the jurisdiction of two or more courts, each of them has jurisdiction.
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No, the public security organs are not allowed to participate in debt disputes, participation is illegal, and the only legal way is to prosecute in court.
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OK. You can call the police, but the money owed is not a civil case, and under normal circumstances, ** will not file a case, at most it is mediation and mediation.
If you report the crime as fraud, then ** will be very cautious, but it is not certain whether the person who owes money and does not pay it back can constitute the crime of fraud. Therefore, it is not possible to solve the problem of non-payment of money owed by calling the police.
The parties can settle the matter through court litigation. Collect relevant evidence to prove the debt. Go to the court to file a lawsuit and apply for pre-litigation property preservation.
Court prosecution, case filing, court hearing, and judgment. When the other party owes money and does not pay it back, it may prepare prosecution materials in accordance with the relevant requirements of the Civil Procedure Law if the requirements for filing a lawsuit are met.
Prosecution process for non-payment of money owed:
Prepare a civil complaint.
Go to the people's court with jurisdiction to file a lawsuit, and submit the relevant evidence of Xunfeng.
Attend and participate in litigation activities on time in accordance with the notice of the people's court.
If they are not satisfied with the first-instance judgment or ruling, they shall file an appeal with the original people's court or the people's court at the next higher level within 15 days of receiving the judgment or within 10 days of receiving the ruling, and submit an appeal petition in the first instance.
If the cost does not exceed 10,000 yuan, 50 yuan shall be paid for each piece. <>
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Legal analysis: If you owe money, you can't call the police, but the police won't do much, and the police won't file a case and generally won't accept it. This is a civil dispute and should be resolved through negotiation between the two parties, or a third party may be invited to intervene in mediation and file a lawsuit to resolve it.
Legal basis: Article 671 of the Civil Code If the lender fails to provide the loan on the agreed date and amount, causing losses to the borrower, it shall compensate for the losses. If the borrower fails to collect the loan on the agreed date and amount, it shall pay interest on the agreed date and amount.
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