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Of course, you can go to his house to ask for it, but you have to remember that you can't do it, civilization requires money, otherwise we will be unreasonable at that time. For such people, if you don't come back, I suggest you sue directly. Don't be troublesome, the money is your own, and it is not blowing in the wind.
You can directly find the IOU and say that they have a specialist to help deal with it, and I was looking for them to get the money back.
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It is not possible to live in the debtor's house. If you live in the debtor's house without permission, you will be kicked out by the police, or you will be detained or sentenced.
1. Law on Public Security Administration Penalties:
Article 40: Those who commit any of the following acts are to be detained for between 10 and 15 days and fined between 500 and 1,000 RMB; where the circumstances are more minor, they are to be detained for between 5 and 10 days and fined between 200 and 500 RMB
organizing, coercing, or enticing persons under the age of 16 or persons with disabilities to perform terrorist or cruel performances;
Forcing others to work by violence, threats or other means;
Unlawfully restricting the physical liberty of others, illegally trespassing into another person's home, or illegally searching another person's body.
2. Criminal Law of the People's Republic of China:
Article 245: [Crimes of Illegal Search, Crimes of Illegal Invasion of Residences] Whoever illegally searches the body or residence of another person, or illegally trespasses into another person's residence, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention.
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If you don't pay back the money, of course, you can go to his house to ask for it, but you can't violently collect the debt, and if you can't do it, you can go to court and sue him.
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If you don't pay back the money, of course, you can go to the other party's house to ask for it. If they refuse to pay, they can file a lawsuit with the people's court to recover the arrears in accordance with the law, and use legal means to protect their legitimate rights and interests.
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Yes, but not more than 2 or more, this is one, second, no matter what, no matter what, you can't do anything, you can't fight physically, which will make the nature of the whole case evolve, and third, you must solve the problem through formal or legal channels.
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If the other party owes money and does not pay it back, you can go to his house and ask for money. Otherwise, you won't be able to look at him. When you go to his house, you must not be rude, and the right to housing of citizens is protected, and things must be done in accordance with the law.
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You can go to the house and ask for it. There is no rule that the arrears must be demanded in **, so going to the house must not violate the law.
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Yes, but even if you go to his house and he doesn't give you money, you won't get it.
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I have experience in this area and will teach you, but you must adopt it for me!
My answer is yes, but it's not for you to go, let the old people or women in the family go, even if you call the police, he can't take the old man, and then the women are crying, making trouble and hanging themselves, and the police will sympathize with you. In addition, I will teach you a killer trick, make hundreds of copies of the IOU and distribute it on the street in front of his house, force him to pay back the money, in short, to outwit him, I hope you can get back the arrears as soon as possible.
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The purpose of the creditor's forcible entry into the debtor's home is to demand a legal debt, and there is no subjective malice, but this cannot be a legal basis for trespassing into another person's home. If a creditor illegally enters another person's home against his will in order to collect debts, and stays for a long time, violating the right to peace and freedom of another person's home, it may constitute the crime of trespassing on the house and will be sentenced to a criminal penalty.
For the non-repayment of others' debts, the creditor should keep the real evidence, such as the arrears IOU and loan IOU, etc., and when it is still impossible to collect the money in a civilized manner for many times, it must file a lawsuit with the court within the statute of limitations prescribed by law.
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Legal analysis: If you owe money, you can't go to the other party's house to ask for it. According to the relevant laws and regulations of the state, it can be known that if the person illegally restricts the personal freedom of another person or illegally trespasses into the residence of another person, he will be detained for not less than 10 days but not more than 15 days, and fined not less than 500 yuan but not more than 1,000 yuan; If the offence is minor, the offender shall be detained for not less than 5 days but not more than 10 days and fined not less than 200 yuan but not more than 500 yuan.
Legal basis: Article 40 of the "Public Security Administration Punishment Law of the People's Republic of China" Anyone who commits any of the following acts shall be detained for between 10 and 15 days and fined between 500 and 1,000 RMB; where the circumstances are more minor, they are to be detained for between 5 and 10 days and fined between 200 and 500 RMB: (1) organizing, coercing, or enticing persons under the age of 16 or persons with disabilities to perform terrorist or cruel performances; (2) Forcing others to work by violence, threats, or other means; (3) Unlawfully restricting the physical liberty of others, illegally trespassing into others' homes, or illegally searching others' bodies.
Article 245 of the Criminal Law of the People's Republic of China: Whoever illegally searches another person's body or residence, or illegally trespasses into another person's residence, is sentenced to up to three years imprisonment or short-term detention. Where judicial personnel abuse their authority and commit the crimes described in the preceding paragraph, they are to be given a heavier punishment.
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Are you legally illiterate? What are you doing in his house? As long as you enter his house, no matter what kind of dispute occurs, he will accuse you of trespassing on people's houses and picking quarrels and provoking troubles, and you will not only have no money, but it will also be easy to recruit the police.
1.First of all, if he owes you money, there is no IOU, transfer record, chat record or recording voucher or something, if there is any, you can solve it through legal means after negotiation.
2.How much do I owe you? Whether it is a salary or a private loan, if the amount is relatively large, it is recommended that you find a lawyer to consult and how to collect evidence.
3.If the salary is not given to you, go to the labor bureau to sue him, and the labor bureau will come forward faster than you yourself.
4.If the amount of arrears is not large, and you don't care if the two of you break up in the future, you can get a banner or write something to go to their unit and take a loudspeaker to shout, and then find a few people to pretend to be reporters to make a big fuss, as long as there is no security guard to pick you up, you don't believe that he is embarrassed to owe money and not pay it back.
In these years, borrowing money is easy to borrow and repay, and it is not difficult to borrow again, but some people are shameless, why don't we pay back our hard-earned money.
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Don't go to his house because it's illegal. You can communicate with him to see what he wants, and if you really don't want to pay it back, you can resolve it through the litigation process.
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Private loans can be collected by themselves, but they must pay attention to the behavior should not be excessive, and they must not hurt the debtor, otherwise they will have to bear legal responsibility. It would be more helpful to collect debts if there was proof of:
1. Evidence to prove the existence of the creditor's rights and debts Transaction contracts, delivery lists, receipts, statements, bank records, etc. can be used as evidence to prove the existence of the creditor's rights and debts relationship.
2. To prove the identity of the debtor, the debtor is a natural person, and a copy of his ID card and residential address are required. The debtor is a company, and it is preferable to have a bank account. Particular attention should be paid to the change of name and domicile of the company so that creditors cannot locate them and thus escape debts.
Some citizens also often move their household registration to their place of residence, and after a long time, no one is found. Therefore, creditors must pay attention to retaining information on the debtor.
3. It is best to have clues about the debtor's propertyMany debtors often claim that they are unable to repay their debts, but in fact they hide their assets. In order to prevent the debtor from being unable to obtain the property after winning the lawsuit, attention should be paid to collecting clues about the debtor's property.
2. What to do if the debtor is unable to repay the debtArticle 108 of the General Principles of the Civil Law stipulates: "The debt shall be repaid. If it is temporarily unable to repay, the debtor may repay it in installments with the consent of the creditor or the ruling of the people's court.
and where they have the ability to repay and refuse to repay, the people's court is to make a judgment to compel repayment. ”
It follows that it is certain that the debtor must repay the debt. However, there are two situations in society where debts are not repaid, one is unable to repay, and the other is the ability to do so but refuses to repay. The General Principles of the Civil Law only provide for the above-mentioned principles.
In practice, there are two different situations in which a debtor is unable to repay: one is a temporary insolvency. If this is the case, the debtor may repay the loan in installments in accordance with the relevant provisions of the above-mentioned General Principles of the Civil Law.
The other is permanent insolvency. If it is permanently unable to repay, it can only be repaid on the debtor's existing personal property, which must be heard by the court, make a judgment, and then put into enforcement, that is to say, the creditor will take as much as the debtor's personal property can be enforced.
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No, you can go through the normal legal process to apply for repayment.
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First of all, you inadvertently revealed the matter of borrowing money to him. Let him pay back the money, then you prepare the mobile phone recording in advance, and then you find a piece of evidence. If he doesn't admit it at all, then you don't need to be polite to him.
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If I don't pay back the money I owe, can I go to his house and make trouble? I think it's not legal for you to go to his house to make trouble, you have to see how much he owes you? More than 2,000 yuan can sue him.
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It's better to go through the legal process, otherwise there will be disputes.
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Legal Analysis] If you owe money and don't pay it back, you still don't want to go to the other party's house to make trouble. Because this is without the permission of others, his behavior is a trespass and is illegal. If the debtor does not repay the money and cannot take away the valuable things in the other party's house to pay off the debt, and if he takes and seizes the property of others without the consent of the other party, such an act is also illegal, which will constitute an infringement of the property rights of others.
The best way is to file a lawsuit against the debtor in court and protect their legitimate rights and interests through legal means. If the other party does not agree to settle the problem, the parties should take up the law to protect themselves and safeguard their legitimate rights and interests, and the parties can find some evidence or witnesses to testify for themselves, and then file a corresponding lawsuit with the people's court.
Legal basis] Civil Procedure Law of the People's Republic of China Article 119: A lawsuit must meet the following conditions: (1) the plaintiff is a citizen, legal person, or other organization that has a direct interest in the Great Circle Belt in the case; (2) There is a clear defendant; (3) There are specific litigation claims, facts, and reasons for burial; (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.
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Legal analysis: If you owe money, you can go to his house to ask for it, and if you owe money and don't pay it back, you can sue, the process is as follows:
1. When the plaintiff files a lawsuit with the court, it shall submit the complaint and relevant evidentiary materials, and submit a copy of the complaint and evidence according to the number of defendants. where the requirements for acceptance are met, it shall be accepted immediately and the relevant case filing formalities shall be completed;
2. Within five days after accepting the case, the court shall serve the defendant with a copy of the complaint, a notice of response, a notice of litigation rights and obligations, a notice of presentation of evidence, and a summons. After the defendant responds to the lawsuit, it serves a summons on the plaintiff;
3. ** trial;
4. If a party is dissatisfied with the judgment or ruling of the people's court of first instance, he or she may appeal to the people's court at the level above within the statutory period. The period for a party to appeal against a civil or administrative judgment is 15 days and a ruling is 10 days, and the period for appeal against a criminal judgment is 10 days and a ruling is 5 days;
5. When a party, a party's legal leader or an interested outsider believes that a civil or administrative judgment, ruling, or mediation that has taken legal effect from the people's court is truly in error, it may apply for a retrial;
6. After the judgment, ruling, mediation document and payment order take legal effect, if the debtor fails to perform the debt within the period determined in the above-mentioned documents, the creditor may apply to the people's court for compulsory enforcement.
Legal basis: Article 216 of the Civil Procedure Law of the People's Republic of China After accepting the application, the people's court shall, after examining the facts and evidence provided by the creditor, issue a payment order to the debtor within 15 days from the date of acceptance if the creditor's rights and debts are clear and legal.
If the application is not sustained, a ruling shall be made to reject it. The debtor shall pay off the debt within 15 days from the date of receipt of the payment order, or submit a written objection to the people's court. If the debtor does not raise an objection and fails to perform the payment order within the period specified in the preceding paragraph, the creditor may apply to the people's court for enforcement.
I think people who want to owe money and don't pay it back will be punished accordingly, the best way is to use legal means, not only the borrower will get an education, but also your money can be returned faster, prosecution is a method, if you don't know how to sue, it is recommended to search for an IOU on WeChat, ask for litigation assistance.
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