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Resolve issues through litigation.
Many people are reluctant to go to court because they feel "dishonorable". This perception should change. Litigation is one way to resolve disputes, and it is also a last resort when other methods cannot be exhausted. It is broadly divided into four steps:
1.pre-litigation property preservation;
2.Indict; 3.execution;
4.Conciliation. When the debtor refuses to repay the money, it needs to be resolved by legal means. However, when dealing with creditor's rights and debts, it is always more advantageous to use legal means.
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Legal analysis: In the case of a debtor who does not repay the money, the creditor's remedies are: 1. Settlement through negotiation; 2. Filing a lawsuit with the court; 3. Apply for a payment order.
If the borrower has made an IOU, and the other party repeatedly denies and refuses to repay the money after the expiration of the contract, he can directly apply to the court for a payment order with the IOU. 4. Apply for compulsory 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; Where the person subject to enforcement does not perform the obligations set forth in the legal documents, the people's courts may take or notify relevant units to assist in employing restrictions on leaving the country, recording and publishing information on non-performance of obligations in the credit reporting system, and other measures provided for by 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. The existence of the old man in contemporary society is not conducive to the further development of the society, so our country has also taken a lot of compulsory measures against the old man, such as blacklisting him to restrict his behavior of high consumption.
For creditors, they can also sue directly if they encounter a bad guy.
Legal basis: Civil Procedure Law of the People's Republic of China Article 214 The creditor requests the debtor to pay money or valuable**, and meets the following conditions, it may apply to the basic people's court with jurisdiction for a payment order: (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.
Derivative question: Won't you go to jail if you owe money?
Those who owe money and do not pay it back generally do not go to jail. The non-repayment of the money owed is a civil dispute, and after the expiration of the agreed repayment period, the creditor may file a civil lawsuit with the court if the claim is fruitless. If the court makes a judgment to repay the money, and the creditor still fails to repay the money within the performance period specified in the judgment, the creditor may also apply for compulsory enforcement.
However, if there is a refusal to enforce a judgment or ruling of a people's court that has the ability to do so, and the circumstances are serious, it will constitute the crime of refusing to enforce the judgment or ruling.
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Legal analysis contains absolute neutrality: if the debt is not repaid, if it is indeed unable to repay, it will generally not be sentenced, but may be included in the judgment defaulter; Those who have the ability to repay but refuse to repay, and still do not repay after the judgment of over-prosecution, will constitute the crime of refusal to execute, and shall bear responsibility for the criminal situation.
Legal basis: "Criminal Law of the People's Republic of China" 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 managers and other directly responsible personnel who are directly responsible for its cultivation are to be punished in accordance with the provisions of the preceding paragraph.
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According to the provisions of the Civil Procedure Law of our country, the creditor requests the debtor to pay the money for a valuable **, and if the following conditions are met, it may apply to the basic people's court with jurisdiction for a payment order. There is no other debt dispute between the creditor and the debtor that the payment order can be served on the debtor. If the debtor does not pay off the debts or does not raise a written objection to the people's court within 15 days after receiving the payment order issued by the people's court, the creditor may apply to the people's court for compulsory enforcement.
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 effect is fast. 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. Relevant provisions on compulsory enforcement.
General provisions of Chapter 19 of the Civil Procedure Law of the People's Republic of China.
Article 224:The property portion of a legally effective civil judgment or ruling, as well as a criminal judgment or ruling, is to be enforced by the people's court of first instance or the people's court at the same level as the first-instance trial court where the property being enforced is located.
Other legal documents that are to be enforced by the people's courts as provided by law are to be enforced by the people's court at the place where the person subject to enforcement is domiciled or where the property subject to enforcement is located.
Article 226:Where the people's court has not enforced the application for enforcement for more than six months from the date on which it received the application for enforcement, the person applying for enforcement may apply to the people's court at the level above for enforcement. Upon review, the people's court at the level above may order the original people's court to enforce within a set period of time, and may also decide that the court to enforce it or order another people's court to enforce it.
Article 229:Where the person subject to enforcement or the property subject to enforcement is in a foreign area, the local people's court may be entrusted to enforce on their behalf. After receiving the letter of entrustment, the entrusted people's court must begin enforcement within 15 days and must not refuse. After enforcement is completed, the people's court shall be entrusted with a timely reply to the outcome of the enforcement; If the enforcement is not completed within 30 days, the people's court shall also be notified of the execution in a letter.
Where the entrusted people's court does not enforce within 15 days of receiving the letter of entrustment, the entrusting people's court may request that the people's court at the level above the entrusted people's court order the entrusted people's court to enforce it.
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1. In the event that the old man owes money and does not pay it back, the creditor's remedies are:
1) Negotiate and settle the solution;
2. Filing a lawsuit with the court;
3. Apply for a payment order. If the borrower has made an IOU, and the other party repeatedly denies and refuses to repay the money after the expiration of the contract, he can directly apply to the court for a payment order with the IOU.
4. Apply for compulsory enforcement.
5) If there is no IOU, the parties may collect relevant evidence such as transfer records, chat records, ** recordings, witness testimony, etc., and file a civil lawsuit with the people's court to require the other party to repay the arrears.
2. Legal basis: Article 313 of the Criminal Law of the People's Republic of China.
Crime of refusing to enforce a judgment or ruling] Where there is a capacity to enforce a judgment or ruling of a people's court 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.
2. What should I do if I owe money and don't have an IOU.
1. If you owe money, you don't have an IOU to sue.
2. The IOU only exists as evidence, not a necessary condition for prosecution, and the absence of an IOU does not affect the parties to sue the court.
3. The IOU is not the only evidence, you can collect some other evidence that gives rise to the debt relationship and file a lawsuit with the court, such as witnesses, chat records, transfer vouchers or ** recordings, etc.
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Indict; Hello.
This can be determined by a lawsuit.
Application for Enforcement.
Listed on the list of dishonest.
The point is that he just doesn't pay it back.
It's been 12 years.
This one. According to article 313 of the Criminal Law of the People's Republic of China, the crime of refusing to enforce a judgment or ruling and failing to enforce it (hereinafter referred to as the crime of refusal to execute) refers to the refusal to enforce a judgment or ruling of a people's court without pretense, and the circumstances are serious. The penalty shall be fixed-term imprisonment, short-term detention or a fine.
He can be prosecuted for this.
Year 2002. He drove over and killed my mom. At that time, the court awarded 130,000 yuan in damages.
It's been 20 years now.
We can't find anyone else at all now, but we just heard that he bought a house in Zhuhai.
Didn't you have your identity at the time?
Yes. However, the court said that only more than 40,000 were found.
Then it is sufficient to prosecute for refusal to execute.
Hope my reply will help you.
I think each of us hates the phenomenon of Lao Lai, and we don't want to stick to people like Lao Lai. If there is really a situation around us where the old man owes money and does not pay it back, and we win the lawsuit through legal proceedings, we can ask the court to enforce the judgment, which is the duty and responsibility of the court. >>>More
1. For the kind of people who do not repay and avoid debts, they not only go to Lai's house to collect money, but also go to Lai's company to collect debts, and put pressure on Lai's people in many ways so that they can repay the loan as soon as possible. Especially for those who maliciously owe money for protection, there are old people who do not repay to be prepared for long-term debts, and it is best to follow them for a long period of time to collect debts. >>>More
For those who owe money and do not pay it back, it is still recommended that everyone use the law to protect their rights and interests, and they can sue and apply for enforcement after winning the lawsuit.
1. You can sue the court to demand repayment, and the court will make a judgment in accordance with the law. >>>More
The other party owes money can be divided into the following two channels, help each other privately, negotiate with him first to understand what the situation is, and collect relevant evidence to prosecute. There will be a set of borrowing processes with companies or banks, as long as you follow the process.