If others owe money and don t pay it back, how can they use legal means to get the money back

The life of all people in life is not smooth sailing, sometimes they will face money troubles, when others owe money and do not pay back, this time you can sue the other party to get back the arrears.

First, it is not difficult to borrow and repay.

Everyone will encounter difficulties, especially when the economy is tight, at this time, if someone is willing to help themselves, then they should know how to be grateful and repay the money in time. Only by talking about one's own credit and repaying the money at the agreed time will you be worthy of the trust of the other party, and you can continue to borrow money next time, so that you can get the trust and respect of others.

2. Get your own money.

No matter how rich you are, the money you lend belongs to you, and there is no reason not to take it back. Everyone earns money is extremely hard, not everyone's money is blown by the wind, so when others owe money and do not pay it back, they must know how to use legal means to protect their legitimate rights and interests to avoid their own interests being harmed. Since the other party has no scruples, at this time, you don't need to think about the other party anymore, but to get back your share of the money, which is the best explanation for yourself.

3. Filing a lawsuit through the courts.

If the other party insists on not repaying the money, then at this time you can sue the other party through the court and let the other party repay their money within the specified time limit. Many times, due to the psychology of some borrowers taking advantage, they think that as long as they don't repay the money, then the other party has no way to take them, which is wrong.

If you don't have the ability to repay, then don't borrow money from others easily, which is extremely irresponsible to yourself and will also make you lose the trust of others. In the face of the situation that others do not repay their debts, at this time, they must protect their own interests through legal means to avoid their own money not being recovered, which is also a way to protect themselves.

In today's society, borrowing money is a kind of risk, it is an act that has almost no security, many people will think carefully when borrowing money, and the attitude of people who do owe money directly affects the psychology of borrowers, because there are many people in them. When borrowing money to others to borrow money, the words are very good, just borrowed money after turning their faces and not recognizing the situation is not a few, this makes the capital turnover environment particularly bad, they are difficult to borrow money, and at the same time when asking for money is also very much.

When you lend money to others and don't pay it back, there is actually a very powerless feeling, first of all, you have no way to control others, be a person with intentions like yourself, be a person who keeps promises, and when others owe money and don't pay back, you even have to be kind to say, relatively not to provoke the other party, so that the other party completely becomes faceless, and it is even more necessary to coax it if you don't come back, this is a deformed way, but it is also a way that everyone will choose, Because being able to get the money back is the ultimate goal.

It is also now that there are many debt collection companies to grind hard and soak time consumption and other aspects to break one by one, but this is not a very reasonable way after all, the most reasonable way, or to pick up the law to protect their legitimate rights and interests, now the state has a lot of policies for people who owe money and do not pay back, many people who owe money and do not pay back are included in the ranks of the lai, and will also be blacklisted by the state, becoming a dishonest person subject to execution, when entering the list of dishonest person subject to execution, for his personal travel, It has a serious impact on the schooling of his children and so on.

Therefore, when encountering such a person, it is necessary to use the law to protect the rights and interests, such as the court to enforce the trial, if not enforced, the person who refuses to enforce will be blacklisted, when it really affects his own life, he will face this matter truthfully, and he will have the motivation to repay, otherwise it will be delayed for a day, and there is no credibility.

Indict. Because it is not possible to sue for money owed, it is possible to sue for the money owed.

At this time, you can get back these arrears through legal means, and at the same time, you can directly sue the other party in court, because the other party's behavior is very irresponsible and has constituted an illegal act.

You can find an IOU, take the person to court, and use the law to get it back, and there will be security.

There are many ways to solve the problem that people owe money and cannot get it back, such as negotiation, mediation, arbitration and litigation, etc., as long as they are used in a timely and appropriate manner, they will reap the effect of twice the result with half the effort. However, due to the fact that some creditors often delay the negotiation stage for too long in order not to hurt the peace, many good opportunities to recover the arrears are missed.

Applying for a payment order is one of the effective ways to recover the amount owed. According to the provisions of the Civil Procedure Law of China, if the creditor requests the debtor to pay money and valuable, it may apply to the basic people's 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 repay the debt within 15 days after receiving the payment order issued by the people's court, or does not raise a written objection to the people's court, the creditor may apply to the people's court for compulsory execution. It can be seen that the biggest advantage of applying to the people's court for a payment order to recover the arrears is that the time is short and the results are quick. Of course, if the debtor submits a written objection to the people's court within the statutory time, it must be handled through litigation procedures.

1. How to sue if an individual does not repay the arrears?

If the loan term has expired and the lender has not repaid the loan after being urged by the lender, the lender may file a lawsuit with the people's court in accordance with the law to protect its legitimate rights and interests. Lenders should pay attention to the statute of limitations when filing a lawsuit. Article 188 of the Civil Code provides:

The statute of limitations for filing a request to a people's court for the protection of civil rights is three years. Where the law provides otherwise, follow those provisions. If the statute of limitations has expired, the people's court will not accept it, and the lender's creditor's rights will lose legal protection.

To prevent the statute of limitations from being exceeded, the lender can interrupt the statute of limitations by asking the borrower to write out a repayment plan before the statute of limitations expires. According to China's laws, the new statute of limitations can be recalculated from the date of interruption, so that the lender not only has the right to sue, but also can continue to have the right to win the lawsuit, which is conducive to protecting the legitimate rights and interests of the lender.

When filing a lawsuit, the creditor should pay attention to collecting the following evidence: evidence about the debtor's subject qualifications, contracts or agreements, delivery notes (must be signed by the debtor), consignment notes, IOUs and various settlement bills, etc., and other telegrams, faxes, letters, etc. related to the arrears should be properly kept. Evidence that has already been collected should be promptly provided to the people's courts.

For evidence that may be lost due to special circumstances or that is difficult to obtain after the mountain is widened, an application may be made to the people's court for evidence preservation in a timely manner; For those evidence that cannot be collected on their own for objective reasons, they may promptly apply to the people's court for investigation and collection.

If the money owed by others cannot be recovered, it can be handled through negotiation, or it can apply for arbitration or mediation, and if it is impossible to reach an agreement, it can be sued to the court by the court Gao Chen, and then if the other party refuses to implement the resolution, it can also apply to the court for compulsory enforcement.

Legal analysisIf the money owed is not repaid, the creditor needs to file a lawsuit in the people's court where the defendant is domiciled to demand that the defendant repay the arrears. The statute of limitations for debt disputes is three years, and if the repayment period is agreed, the statute of limitations is calculated for three years from the date of expiration of the repayment period; If there is no agreed repayment period, the other party shall be given a grace period, and the statute of limitations shall be calculated for three years from the date of expiration of the grace period, and after the expiration of the three-year period, the right to win the lawsuit will be lost in the course of the litigation. When filing a lawsuit, you need to write a complaint first, and then submit the relevant evidence you have collected in combination with the needs of the case, so that the court can accept your claim.

The statute of limitations for litigation is three years, that is, three years have elapsed from the date of expiration of repayment, and the people's court will not protect it, but if the debtor appears in court to respond to the lawsuit and does not raise a statute of limitations defense, it is not subject to the three-year statute of limitations.

Legal analysisCivil Procedure Law of the People's Republic of China》 Article 119: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.

Legal Analysis: 1. Conciliation Law. It refers to the creditor's rights and debtors' direct negotiation or invitation to a third party to mediate and resolve the dispute on the basis of voluntary and mutual understanding.

2. Mediation Law. If the creditor does not want to hurt the peace, settle the grievance and quickly resolve the debt dispute, he can submit a written application for mediation to the local people's Qingmin Mediation Committee. 3. Arbitration Law.

4. Procedural Law. 5. Application for Payment Order Law. 6. Apply for the law of prior enforcement.

Legal basis: Judicial Interpretation of the Civil Procedure Law of the People's Republic of China Article 18 Where the contract stipulates the place of performance, the agreed place of performance shall be the place of performance of the contract. If the contract does not stipulate the place of performance or the agreement of the person who changes the contract is not clear, and the subject matter of the dispute is the payment currency, the place where the party receiving the currency is located is the place where the contract is performed; If the immovable property is delivered, the place where the immovable property is located is the place where the contract is performed; For other subject matter, the place where the party performing the obligation is located is the place where the contract is performed.

For contracts that are settled immediately, the place where the transaction is performed is the place where the contract is performed.

Where the contract has not been actually performed, and the domicile of both parties is not in the place of performance agreed in the contract, the people's court at the place where the defendant is domiciled has jurisdiction.

Legal analysis: if others owe money and do not repay it, they can sue the court and the court will order the other party to repay, and if the other party still refuses to repay, they can apply to the court for compulsory enforcement; Or without filing a lawsuit, you can also apply to the court for a payment order, which is a legal document issued by the people's court to the debtor for payment of money or value within a time limit according to the application of the creditor in accordance with the supervision procedures stipulated in the Civil Procedure Law.

Legal basis: Article 238 of the Civil Procedure Law of the People's Republic of China: Where one party fails to perform a creditor's right document that has been given compulsory enforcement effect by a notary public in accordance with law, the other party may apply to the people's court with jurisdiction for enforcement, and the people's court receiving the application shall enforce it.

If there is a mistake in the notarized creditor's rights document, the people's court shall rule not to enforce it, and send the ruling to both parties and the notary public.

If the debtor owes money and does not repay it, the creditor may sue for handling. The following materials shall be submitted to the court for prosecution: 1. Evidence proving the qualification of the parties as the subject of the litigation 1. If the parties are natural persons, their identity materials shall be submitted, such as ID cards or household registration books.

2. If the party concerned is a legal person or other organization, the registration materials of the entity shall be submitted, such as a copy of the industrial and commercial business license or the industrial and commercial registration list issued by the industrial and commercial registration authority, and the registration certificate of the legal person of the association. 3. If the names of the parties have been changed after the occurrence of the disputed legal relationship, the registration materials for the change shall be submitted. 2. The evidence proving the existence of the loan relationship mainly includes the loan contract, loan agreement, IOU, IOU, repayment commitment, bank statement and other creditor's rights vouchers, as well as other evidence that can prove the existence of the loan legal relationship.

3. Receipts proving that the loan has been repaid, or payment vouchers for each repayment of principal and interest. IV. The basis for calculating the amount of the litigation claim is to provide a list of the calculation of the amount of principal and interest required in the litigation claim, including a list of the calculation of the balance of the principal, a list of the calculation of the amount of interest, and so forth.