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The parties may file a civil lawsuit to protect their rights and request the court to order the other party to bear the corresponding liability for payment.
1. When a party initiates a lawsuit, it shall first submit a statement of indictment and submit a corresponding number of copies according to the number of opposing parties. If the parties are citizens, the names, genders, ages, places of origin, and addresses of both parties shall be indicated; If the party is a unit, the name and address of the unit, and the name of the legal representative or responsible person shall be clearly indicated. The body of the indictment shall clearly state the matters requested, the facts and reasons for the indictment, and the end must be signed or affixed with an official seal.
2. Basis"Whoever asserts is the one who gives evidence"In principle, the plaintiff shall submit the following materials to the court:
1. Materials on the plaintiff's subject qualifications. Such as the original and photocopy of resident ID card, household registration booklet, passport, home return permit for Hong Kong and Macao compatriots, marriage certificate and other evidence; If the enterprise unit is the plaintiff, it shall submit copies of the business license, business registration certificate and other materials.
2. Evidence to prove the plaintiff's claim. Such as contracts, agreements, creditor's rights documents (IOUs, IOUs, etc.), receipts and delivery vouchers, correspondence, etc.
3. When a party submits documentary evidence to the court, it shall fill out a list of evidence in duplicate, listing in detail the name and number of pages of the evidence submitted. After the evidence has been verified by the court's undertaker, the undertaker is to sign and seal the evidence list, and one copy is to be handed over to the parties and one is to be recorded.
IV. Within 7 days after the parties have completed the necessary formalities and submitted all relevant evidentiary materials, the case filing division shall handle the case filing formalities for those who meet the requirements for case filing; Where the requirements for filing a case are not met, a ruling is made in accordance with law not to accept it.
5. The parties shall pay the case acceptance fee and other litigation fees in advance within 7 days from the date of receipt of the notice of acceptance, and if there are real difficulties, they may submit a written application to this court for reduction, deferment or exemption within the prepayment period.
6. After the case filing formalities, the case shall be scheduled by the court**, and the parties shall obey the various work arrangements of the court, and settle the litigation costs in the financial office after the case is concluded, and refund the excess and make up for the deficiency.
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Hello! You have to appeal this question to the court.
1.Because it takes a long time to chase money.
2.Get witnesses to prove that your verbal agreement is genuine.
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Summary. <>
Analyze <> from a legal point of view
My friend said I owed him money and wanted to sue me. But the loan was three years ago, and I can't remember whether he borrowed it or not, and then asked him to send chat logs and transfer records, but he refused. This will not be a successful prosecution.
The two parties first negotiate to settle, if the negotiation cannot be resolved, you can sue to the people's court, by the people's court mediation, mediation failed, ** trial, according to the evidence submitted by both parties, judgment. Where the borrower is still not returned after a judgment, it may apply to the people's court for compulsory enforcement, and the people's court will list the borrower as a dishonest person, and do not immediately implement compulsory measures to freeze the assets. If the negotiation fails, the litigation procedure may be followed, but relevant evidentiary materials such as IOUs and transfer records must be present, such as IOUs and transfer records.
My friend said I owed him money and wanted to sue me. But the matter of borrowing money was three years ago, and I couldn't tell if he borrowed it or not, and then asked him to send a chat record and transfer records, but he refused. Can the prosecution be successful?
Hello! <>
Analyze <> from a legal point of view
My friend said I owed him money and wanted to sue me. But the loan was three years ago, and I can't remember whether he borrowed it or not, and then asked him to send it to talk about the records and transfer records, but he refused. In this way, it cannot be prosecuted to become a futility in changing the register.
The two parties first negotiate to settle, if the negotiation can not be resolved, you can sue to the people's court, by the people's court mediation, mediation failed, ** trial, according to the evidence submitted by both parties, the judgment. Where the borrower is still not returned after a judgment, it may apply to the people's court for compulsory enforcement, and the people's court will list the borrower as a dishonest person, and do not immediately implement compulsory measures to freeze the assets. If the negotiation fails, the litigation procedure may be followed, but relevant evidentiary materials such as IOUs and transfer records must be present, such as IOUs and transfer records.
My friend said I owed him money and wanted to sue me. But the matter of borrowing money was three years ago, and I couldn't tell if he borrowed it or not, and then asked him to send a chat record and transfer records, but he refused. Can the prosecution be successful?
Legal basis<>
Article 200 of the Civil Procedure Law, Article 42 of the Civil Procedure Law, if the person subject to enforcement fails to perform the obligations determined in the legal documents in accordance with the enforcement notice, the people's court has the right to inquire about the property of the person subject to enforcement, such as deposits, bonds, shares, and hailstorms. The people's courts have the right to seize, freeze, transfer, or sell the property of the person subject to enforcement according to different circumstances. People's courts' inquiries, seizures, frozen source raids, transfers, or sale of property must not exceed the scope of the obligations that the person subject to enforcement shall perform.
There is no evidence that the prosecution will not be successful
I mean he doesn't send it to me right now.
If in court suddenly presents evidence.
If I don't send it to you, I won't be able to sue.
What am I going to do.
What do you think about?
You'll need to prove that you didn't borrow money from the other party.
I really don't remember exactly.
Then he doesn't send it to you, and you don't need to pay attention to it.
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Summary. Hello dear! I'm glad to answer for you, someone else borrowed my money and didn't pay it back, and without an IOU, there is a transfer record that can be sued, and the creditor can collect the following evidence:
1.The creditor also needs to collect other evidence that can prove the existence of the borrowing relationship, such as going to the bank to collect the relevant withdrawal or transfer documents; 2.Audio recordings of conversations between the parties, such as mentions of evidence such as borrowing money on **.
Someone else borrowed money from me and didn't pay it back, and there was no IOU, so there was a transfer record.
Hello, dear! I'm glad to answer for you, someone else borrowed my money and didn't pay it back, and there was no IOU, there was a transfer record that could be drafted to sue, and the creditor could collect the following evidence: 1
The creditor also needs to collect other evidence that can prove the existence of the borrowing relationship, such as going to the bank to collect the relevant withdrawal or transfer documents; 2.When the two sides talked, they filmed the audio recorded by Jingming, such as mentioning evidence such as borrowing money on **.
Chunshen Legal Opinion] 1. A friend borrows money, there is no IOU, only bank transfer records and chat records of micro-pickpocketing and rolling loss letters, which can be submitted to the court as evidence; 2. If the transfer records and WeChat chat records can fully prove the fact that the friend borrowed money, the court will support the litigation claim; Legal basis: Article 2 of the "Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings" provides that parties have the responsibility to provide evidence to prove the facts on which their own litigation claims are based or on which they refute the other party's litigation claims. Where there is no evidence or the evidence is insufficient to prove the factual assertions of the parties, the party bearing the burden of proof shall bear the adverse consequences.
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Summary. Hello, glad to answer for you. <>
For many years, if you have borrowed money from a friend and have not written an IOU, you have recently made up an IOU that you think is about the amount of money you think is sued, and if you owe money and are sued but there is no IOU, the parties can collect other relevant evidence to prove the facts of the case, and if the parties file a lawsuit because of a dispute over arrears, it is necessary to pay attention to the fact that the plaintiff must have a direct interest in the case, have a clear defendant, and have specific litigation claims and facts and reasons.
I borrowed money from a friend for many years, but I didn't write an IOU, and recently I made up an IOU that I thought was the amount of money, and I was sued.
Hello, I'm glad to answer for you. <>
For many years, if you have borrowed money from a friend and have not written an IOU, you have recently made up an IOU that you think is about the amount of money you think is sued, and if you owe money and are sued but do not have an IOU, the parties can collect other relevant evidence to prove the facts of the case, and if the parties file a lawsuit because of a dispute over arrears, it is necessary to pay attention to the fact that the plaintiff must have a direct interest in the case, have a clear defendant, and have specific claims and facts and reasons.
Legal basis: Article 122 of the Civil Procedure Law The following conditions must be met for a lawsuit: The plaintiff is a citizen, legal person or other organization that has a direct interest in the case; (2) There is a defendant who has a clear confession; (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.
Article 123:The indictment shall be submitted to the people's court, and copies shall be submitted in accordance with the number of defendants. Where it is truly difficult to write a complaint, the complaint may be filed orally, and the people's court will record it in the record and inform the opposing party.
Dear, can you describe the specific situation.
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Summary. We are happy to answer for you, dear, the problem of arrears can be solved through the following ways: first, negotiate directly with the debtor and strive for direct repayment by the other party; Second, you can find an intermediary to coordinate, reach a repayment agreement, and repay the loan as soon as possible.
Third, the creditor can collect evidence and then file a lawsuit in court to request that the debtor be judged to perform the repayment obligation in accordance with the law. If there is no IOU, you can present it to the court with the transfer record, receipt, etc. as evidence.
I owe money for more than three years, I haven't borrowed it, there is a recording, and he also agrees, that is, he said that he has no money to repay, what can he do to get the money back.
We are happy to answer for you, dear, the problem of arrears can be solved through the following ways: first, directly negotiate with the debtor to strive for direct repayment of the loan; Second, you can find an intermediary Lu Shiwei to coordinate, reach a repayment agreement, and repay the loan as soon as possible. Third, the creditor can collect evidence and then file a lawsuit in court to request that the debtor be judged to perform the repayment obligation in accordance with the law.
If there is no IOU, you can present it to the court with the transfer record, receipt, etc. as evidence.
Legal basis: Article 668 of the Civil Code of the People's Republic of China The loan contract shall be in written form, unless otherwise agreed upon by natural persons. The content of the loan contract generally includes the type of positive loan, currency, purpose, amount, interest rate, term and repayment method.
He also recognized the 10,000 Wu Qianyuan, if I have no money now, let me do whatever I want, and I can report it, but I don't have money now, what can I do?
Kiss him and let him come to you in installments every month.
No. Dear, didn't he work.
He also agreed, and he said that if he had money, he would give it.
Small package foreman. Kiss, he just wants to be a scoundrel.
Wait for the time when it pays the salary and then ask for money, and let him give some money.
What should I do, can there be a solution, can I call the police?
Kiss, you can call the police to deal with it.
His construction site was finished, and he said that the money just didn't reach him.
Kiss, this mouth is unfounded, let him prove it.
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The other party can sue, but you have the right to defend yourself.
According to Article 138 of the General Principles of the Civil Law of China, "if the period of limitation for litigation is exceeded, if the parties voluntarily perform after the limitation period, they are not subject to the limitation period of litigation." and Article 4 of the Several Provisions on the Statute of Limitations:
Where a party does not raise a statute of limitations defense during the first-instance trial, and submits it during the second-instance trial, the people's court will not support it, except where it can prove that the other party's claim has expired on the basis of new evidence. Where parties fail to raise a statute of limitations defense in accordance with the provisions of the preceding paragraph, and apply for a retrial or raise a retrial defense on the grounds that the statute of limitations period has expired, the people's court will not support it. "It can be seen that the effect of the statute of limitations in China adopts the doctrine of defense incurrence, so the other party can sue you.
According to Article 135 of the General Principles of the Civil Law of China, "the limitation period for filing a request to the people's court for protection of civil rights shall be two years, unless otherwise provided by law." This shows that the general statute of limitations for civil litigation in China is two years.
Since four years have not been paid, the statute of limitations has passed. Therefore, you have the right to refuse to repay the loan on the ground that the other party has exceeded the statute of limitations.
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In the creditor-debtor relationship, if the debtor fails to perform the repayment obligation, the creditor may go to the court to sue.
Code of Civil Procedure
Article 119:Prosecution must meet the following requirements:
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.
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Yes, it is also possible to enforce your property.
First: Don't ask for it, even if you haven't changed it for so long, you should forget it, it's too embarrassing to bring it up. Of course, if it's more than half of what you're saving now, then be it. >>>More
Share it with her! Damn it! Last time my girlfriend said she wanted to buy candy to eat, so I borrowed 8 cents! Damn it hasn't been returned yet! But big brother, when I see you, my heart is much brighter! Resolutely share with her! I'll wait a little longer.
It is illegal for a worker to owe money to his friend's boss, and it is illegal for a friend's boss to deduct his friend's wages, and a friend should not deduct the worker's motorcycle, which is only the relationship between the worker and his friend's boss, and has nothing to do with the worker's friend. Friends of workers may apply to the labor dispute arbitration authority for arbitration in accordance with the law. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court. >>>More
For private loans with regular repayment, the statute of limitations is 2 years from the date of expiration of the repayment period, and if the statute of limitations exceeds 2 years and is sued, the defendant may defend that the statute of limitations has expired, and the people's court shall make a judgment rejecting the plaintiff's claim after ascertaining. >>>More
If there is no evidence such as an IOU, you can prove the fact of borrowing money by holding bank payment records and a third party to testify, and then go to the people's court where the defendant is domiciled or where the contract is performed to file a lawsuit. >>>More