What should I do when I don t pay back the money borrowed by my friend?

Take the right path.

Because it is a friend who borrows money, we should be generous when we ask for money, because our money is borrowed in advance, so we should be bold enough to ask for it back, instead of being embarrassed, or thinking of some crooked ways, but let things worse.

It can be resolved through negotiation, and if no agreement can be reached, the creditor can file a civil lawsuit with the court with evidence such as ID card, household registration book, complaint and IOU.

According to the Contract Law of the People's Republic of China, if the parties have not agreed on the repayment period, the borrower may repay the loan at any time, and the lender may also request the other party to return the loan at any time, provided that the borrower is given the necessary time to prepare. If the lender still refuses to repay the loan after being urged by the lender, the lender may also ask the lender to pay the interest from the date of the reminder with reference to the bank's interest rate of the same type of loan.

If you do not repay the borrowed money, you can also apply to the court for a payment order by virtue of the bill. A payment order is a legal payment order issued by the people's court to the debtor to urge the debtor to perform the debt according to the creditor's application.

The biggest advantage of the payment order is that the court's acceptance of the application is equivalent to initiating legal procedures, and there is no need for a trial, and the court does not exceed 15 days from acceptance, review to issuance of a payment order, and the time limit for the debtor to raise an objection is also 15 days, so that the time of about a month can enter the enforcement stage.

The solution to the problem of not paying back the money borrowed by a friend is as follows:

1. On the basis of voluntary and mutual understanding, the parties shall directly negotiate or invite a third party to mediate and resolve the dispute

1) When the creditor's right is due or about to expire, if the debtor is temporarily unable to repay the debt but has the sincerity to repay the debt, the creditor may negotiate with the debtor on the term, method and amount of the debt to be performed, and urge the debtor to perform the debt or sign a repayment agreement;

2) If the creditor's right is secured by a mortgage or a third party provides security, the creditor may negotiate with the mortgagor or guarantor to enable the mortgagor to repay the debt with sufficient collateral assets, or the guarantor to repay the debt on behalf of the guarantor;

2. Seek help from a lawyer and send a lawyer's letter to collect creditor's rights

The lawyer will draw a plan for recovering the creditor's rights based on the process of loan formation, the evidence in the creditor's hand, and the relevant corresponding laws. According to the situation, a lawyer's letter will be issued to the borrower to collect the creditor's rights;

3. Carry out pre-litigation preservation to prompt the other party to respond positively

In order to protect the lawful rights and interests of the parties, it is stipulated that if the legal interested party does not immediately apply for property preservation due to the urgency of the situation, its legitimate rights and interests will be irreparably harmed, and the creditor may apply to the court for property preservation measures before filing a lawsuit.

4. A civil lawsuit may be filed with the people's court to demand that the other party repay the arrears, and the people's court will make a judgment and make a civil judgment in accordance with the law at the end of the trial.

The law is based on the dustArticle 188 of the Civil Code of the People's Republic of China.

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.

The limitation period is calculated from the date on which the right holder knows or should know that the right has been damaged and the obligor. Where the law provides otherwise, follow those provisions. However, if more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not grant protection, and where there are special circumstances, the people's courts may decide to extend the rights holder on the basis of the right holder's application.

If a friend fails to repay the borrowed money, he or she may first negotiate with the other party to settle the matter, and if the negotiation fails, he may collect relevant evidence and file a lawsuit with the people's court to demand that the debtor repay the debt.

1. Whether the nominal creditor can sue.

You can negotiate first and then ask the other party to pay the money back. In the event of a disagreement, evidence such as an IOU can be gathered, a written complaint can be filed, or a lawsuit can be filed in court. Debts should be paid off.

If the debtor is temporarily unable to repay, the debtor may repay the debt in installments with the consent of the creditor or the ruling of the people's court. Where repayment is possible but refusal, the people's court shall make a judgment for enforcement. If the debtor fails to perform the payment due or the parties agree on the mortgage, the people's court shall seize the mortgaged property in accordance with law.

If you do not repay the borrowed money, you can't solve the problem by calling the police, and the public security organs are not responsible for the handling of civil dispute cases, so you can directly file a lawsuit with the people's court in this case, and submit the WeChat transfer records and chat records to the court as evidence materials, requesting the court to judge the debtor to perform the debt, and if the debtor does not repay it at the expiration of the time limit, you can apply for compulsory enforcement, and you can seriously pursue criminal responsibility. For the debtor who refuses to enforce the judgment, it may constitute the crime of refusing to enforce the judgment or ruling.

3. What to do if you don't repay the borrowed money.

If you don't pay back the borrowed money, you should:

1. If the borrower of the private loan does not repay the money, he can first negotiate with the other party;

2. If the parties fail to reach an agreement through negotiation, the creditor may file a lawsuit with the court within three years or apply for arbitration to recover the debt as agreed;

3. Prepare the complaint and evidence materials, file a lawsuit with the court and apply for property preservation; When filing a lawsuit with the people's court, evidence that can prove the existence of a legal relationship between the loan and the loan shall be provided;

4. Apply to the court for compulsory enforcement against the borrower.

Article 2 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases stipulates that when a lender files a lawsuit with the 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 the legal relationship between the lender and the lender. 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. Where the defendant raises a factual defense against the plaintiff's creditor qualifications, and the people's court finds that the plaintiff does not have the creditor qualifications after trial, it rules to dismiss the lawsuit.

Legal analysisIf 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, and according to the relevant legal provisions, "the statute of limitations for filing a request to the people's court for protection of civil rights is three years."

If the three-year statute of limitations is exceeded, the people's court will not accept it, and the lender's claim will lose its legal protection. In order to prevent the statute of limitations from being exceeded, the lender can interrupt the statute of limitations by asking the borrower to write a repayment plan before the draft of the statute of limitations expires. At the same time, according to the laws of China, 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 probably collect the following evidence: evidence about the debtor's subject qualifications, contracts or agreements, delivery notes (must be signed by the debtor), consignment notes, group goodwill 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 extinguish the fire due to special circumstances or is difficult to obtain in the future, 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.

Legal basisArticle 668 of the Civil Code of the People's Republic of China The loan contract shall be in written form, unless otherwise agreed upon between natural persons. The content of the loan contract generally includes the type of loan, currency, purpose, amount, interest rate, term and repayment method.

I usually judge if a friend deliberately didn't return it or if there was something else. First of all, Ken Kaiding has to rush him first to see what he says. If it's really difficult, say that it's good to pay it back in installments, and if it's deliberately not repaid, I will consider suering, and I don't have to worry about time, find an IOU and say help me.

The specific solutions to the non-repayment of the money borrowed by the friend are: 1. If the borrower of the private loan does not repay the money, then the first thing can be negotiated with the other party, and if the two parties fail to negotiate, then the creditor can sue the court within three years or apply for arbitration to recover the debt as agreed; 2. Prepare the complaint and evidence materials, file a lawsuit with the court and apply for property preservation; 3. Apply to the court for enforcement against the borrower.

1. How to deal with debt disputes.

The handling of debt disputes is as follows: first of all, there must be written evidence such as IOUs and IOUs, as well as a copy of the other party's ID card or household seal. Here's how to deal with it:

1. Negotiation. On an amicable basis, it is best for the parties to the contract to resolve their disputes through mutual agreement;

2. If the parties to the contract cannot reach an agreement, they can request the relevant institutions to mediate. If one or both parties are state-owned enterprises, they can request mediation from their superiors;

3. If the parties to the contract fail to negotiate and are unwilling to mediate, they may apply to the arbitration institution for arbitration according to the arbitration clause in the contract or the arbitration agreement reached by the two parties after the dispute arises;

4. If there is no arbitration clause in the contract and no arbitration agreement is reached afterwards, the parties to the contract may file a lawsuit with the court for judicial settlement.

2. How long does it take to get money if you don't repay the money you borrow.

1) If the parties win the lawsuit, the debtor shall perform the judgment and the parties can get the money. If there is indeed a situation where the borrowed money is not repaid, the debtor should honor the judgment with the court. If the judgment is not performed, the creditor may apply for compulsory enforcement.

If the judgment comes down, then it should be filed with the court for enforcement within 2 years after the judgment takes effect, so that the court can directly check the other party's property and not execute, if the other party does not execute, in general areas, the bailiff can detain the other party, generally once a year, 15 days at a time.

2) If the parties are unable to disagree, they can apply for mediation, and if the mediation is successful, the parties can also get the money, and the general amount will be less than or equal to the amount of the loan. If mediation fails, the lawsuit continues.

3) If there is no situation where the borrowed money is not repaid, or if the evidence is insufficient, the creditor loses the lawsuit and cannot get the money. It is not necessary that the creditor will win the lawsuit if he sues, and there must be sufficient evidence to prove the existence of a claim and the debtor's non-performance of the debt. At this time, sufficient evidence is required, such as IOUs, witness testimony, audio recordings and other evidence.

If the debtor has no money to perform the debt, he may wait until the debtor has the money before requiring him to perform the debt.

3. What should I do if someone owes me money and doesn't pay it back?

First of all, you can negotiate reasonably with the other party, and if the other party still does not pay back, then you can file a lawsuit with the court to solve the problem. The creditor should keep specific evidence, such as the IOU for arrears, and if the normal collection is still invalid after repeated normal collections, it must file a lawsuit with the court within the statute of limitations. If the debtor's whereabouts are unknown, if his whereabouts have been unknown for two years, the interested party may apply to the people's court for Huai Nai to declare him a missing person.

The property of the disappeared person is held in trust by his spouse, parents, adult children or other close relatives or friends, and he may still file a lawsuit with the courts.

There is a saying that if you want to be friends with someone for a long time, then you must not lend him money or lend her money, and if you don't want to be friends with this person, then you should lend him money.

This statement must have been heard by everyone before, because now the matter of "borrowing money" can be said to be a very sensitive matter, and the reason why this matter is so sensitive is precisely because some people borrow money and do not pay it back.

Borrowing money and not paying it back is really a headache, what if a very good friend borrows money and doesn't pay it back? Let's talk about this problem to you, in the face of friends borrowing money and not repaying it, let's think of a way together.

What should I do if a very good friend borrows money and doesn't pay it back.

Method 1: Treat others the way they do.

There are many people in life who are very "forgetful", especially friends who borrow money are prone to suffer from this kind of "amnesia", obviously borrowing your money, but it seems that there is such a thing as completely forgotten, if you don't say it, then he will always forget.

For some debtors who are extremely forgetful, you can't use Huang Shiren's money bargaining methods to deal with these former "Yang Bailao". In this way, it is inevitable that you will be worried and nerve-wracking.

In fact, it is not necessary, as the saying goes: "Treat others the way they do". Make up a good reason, talk about it, ask the debtor to go to the mall without a penny, and when you see something you like, you can directly ask him to borrow money from her.

You can borrow as much as she owes you, and it's better to add interest as well.

In this way, you don't have to pay back the money anymore, just tell him that the money you took me before you haven't paid it back, and now the lack of contact directly cancels each other out, and he can't say anything, after all, he borrowed the money and didn't pay it back first.

Method 2: Equivalent exchange.

There are many people who have borrowed money in life who will "pretend to be confused", obviously they borrowed your money, but they just don't mention it. Lend him the money, and she will be like a meat bun beating a dog in the future - there is no return.

These people who "pretend to be confused" have long been wary of your begging tricks, so the general debt collection method is really not to get the money back. But it doesn't matter, learning to "exchange for equivalence" will make him unguardable.