-
You can call the police, but you can't solve the problem of non-repayment of money owed by calling the police, and the money owed is not a civil debt dispute, which is not within the jurisdiction of our public security organs, and the Ministry of Public Security has clear regulations that our public security organs are not allowed to interfere in civil disputes. If you don't pay back the money you owe, you can negotiate with the debtor, and if the negotiation fails, you need to go to the court with jurisdiction over the defendant to file a lawsuit - if you come to the grassroots public security organ to report the case, our public security organ staff can only tell you like this: "You are a civil debt dispute, which is not within the jurisdiction of our public security organ, and calling the police is a lack of basic legal knowledge."
You can go to a court that has jurisdiction over the debtor to sue him. ”
According to the relevant regulations of the Ministry of Public Security, the public security organs cannot meddle in economic dispute cases such as contracts and debts, unless a large number of people are involved, and crimes such as illegally absorbing public deposits or fund-raising fraud will be intervened in accordance with the law. In ordinary debt disputes, the public security organs will not deal with the non-repayment of the loan, and can only file a lawsuit with the court that has jurisdiction over the debtor.
Code of Civil Procedure
Article 3. The provisions of this Law shall apply to the acceptance by courts of civil lawsuits brought by citizens, legal persons, other organizations, and between them on the basis of property and personal relations.
Of course, if both parties to the creditor's rights and debts are residents within the jurisdiction of the police station in the jurisdiction, and both parties have the intention of mediation, our grassroots police station of the public security organ may help negotiate, but it is only to help negotiate, and we have no right to force any party to refuse, nor can we issue a public security mediation agreement to you, because this is a civil debt dispute, not a public security violation.
-
Legal analysis: non-repayment of debts is a civil dispute, and the public security bureau will not file a case. Go to the court for mediation or sue, no matter how much the amount, the court will file the case.
Because civil rights are for the purpose of protecting rights, and the request for filing a case is not directly related to the amount of money, the legal inference is that as long as there is a fact of infringement, a case should be filed, for example, some civil rights without the obligation to pay money are also within the scope of civil law adjustment.
Legal basis: Article 3 of the Civil Procedure Law of the People's Republic of China: The provisions of this Law apply to people's courts accepting civil lawsuits brought by citizens, legal persons, and other organizations, as well as between them on the basis of property and personal relationships.
-
Calling the police will not solve the fundamental problem, this is an economic dispute, and it is better to find the court.
-
Legal analysis: Debts can still be reported to the police, but owing money is not a civil case. Under normal circumstances, the first party will not intervene too much, and it will generally be resolved through negotiation between the two parties, and the case will not be filed.
If you owe money and cause you to report fraud, you will be very cautious, and it is uncertain whether the debtor can constitute the crime of fraud, so it is impossible to report to the police to solve this problem. If the other party owes money and does not pay it back, it can file a lawsuit with the people's court.
Legal basis: Article 119 of the Civil Procedure Law of the People's Republic of China: 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: If you borrow money, you can't call the police, but it's useless to call the police. Debt disputes are economic disputes and civil cases, and the police cannot solve the problem, and the creditor may choose to file a lawsuit with the people's court to solve the problem, and the people's court shall file and accept the case if it meets the requirements for litigation.
However, if the debt dispute is suspected of fraud, the parties can choose to report to the police to solve the problem.
Legal basis: Article 119 of the 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 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: If you owe money, you can't call the police, but the police won't do much, and the police won't file a case and generally won't accept it. This is a civil dispute and should be resolved through negotiation between the two parties, or a third party may be invited to intervene in mediation and file a lawsuit to resolve it.
Legal basis: Civil Code of the People's Republic of China
Article 667 A loan contract is a contract in which the borrower borrows money from the lender and returns the loan at maturity and pays interest.
Article 671: Where a lender fails to provide a loan on the agreed date and amount, causing losses to the borrower, it shall compensate for the losses.
If the borrower fails to collect the loan on the agreed date and amount, it shall pay interest on the agreed date and amount.
Article 675:The borrower shall return the loan within the agreed time limit. Where there is no agreement on the term of the loan or the agreement is not clear, and it is still uncertain in accordance with the provisions of Article 510 of this Law, the borrower may return it at any time; The lender may demand the borrower to return it within a reasonable period of time.
-
Public security organs are mainly responsible for criminal cases and public security management. Arrears are civil debt disputes, which can be resolved through negotiation, litigation, arbitration, and mediation. If the arrears are not repaid, they are not within the scope of police management and cannot be dealt with by the police.
However, if one party defrauds others of property in the name of borrowing, it may constitute the crime of fraud, and then you can report it to the police.
Article 667 of the Civil Code.
A loan contract is a contract in which the borrower borrows money from the lender and returns the loan at maturity with interest.
-
If you owe 1000 money, you can't call the police, but the dispute is a civil dispute, and it is not of much use to call the police. The parties shall deal with the matter by negotiating with the debtor, applying to an arbitration institution for arbitration in accordance with the law, or filing a civil lawsuit with the people's court in accordance with the law.
[Legal basis].
Article 2 of the Arbitration Law of the People's Republic of China.
Contract disputes and other disputes over property rights and interests between citizens, legal persons, and other organizations that are equal subjects may be arbitrated.
Article 64 of the Civil Procedure Law of the People's Republic of China.
It is the responsibility of the parties to provide evidence for their own claims.
Article 120.
A complaint shall be submitted to the people's court, and copies shall be submitted in accordance with the number of defendants.
Article 236.
The parties must perform on legally effective civil judgments and rulings. If one party refuses to perform, the other party may apply to the people's court for enforcement, or the adjudicator may transfer it to the enforcer for enforcement.
Article 242.
If the person subject to enforcement fails to perform the obligations set forth in the legal document 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 shares. 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.
-
If you owe money, you can't call the police. You can't call the police if you owe money, but the creditor-debtor relationship is a civil legal relationship, and the police can't do anything after calling the police. If the debtor fails to repay the loan through negotiation, it may apply to the mediation committee for mediation or file a civil lawsuit with the people's court.
The solution to the problem of not paying back the money owed1. Use administrative intervention to assist in debt collection.
The so-called use of administrative intervention to help realize debt collection means that in the process of debt collection, the creditor has obtained the sympathy and support of the debtor's higher-level competent department through its own hard work, and through the debtor's higher-level leading organ, the debtor has been explained and educated to persuade the debtor to perform the debt as soon as possible.
2. Filing a lawsuit with the court.
If you really don't want to come back, and the amount of money borrowed is also large, it is recommended to file a lawsuit with the court and realize your claims with the help of the power of the law. But there is one problem in order to win the lawsuit, and that is evidence. If you have an IOU or contract, you can think of other methods, such as audio recordings, text messages, chat records, etc., which can be used as strong evidence.
-
1. For those who do not repay the debts, they can choose to sue, provided that there is evidence including IOUs, audio recordings, payment vouchers, etc., and within the statute of limitations, they cannot be altered or photocopied in any way.
2. If the date of repayment is indicated, the statute of limitations shall be within three years from the date of expiration of the IOU; If there is no repayment date, you can request repayment at any time, within three years from the date of the first recovery.
3. After the court makes a judgment, if the other party cannot apply to the court for compulsory enforcement, the debtor can also be detained if he maliciously defaults.
Legal basis].
Article 412 of the Civil Code provides that if the debtor fails to perform the debts due or the parties agree to realize the mortgage right, resulting in the mortgaged property being seized by the people's court in accordance with the law, the mortgagee shall have the right to receive the natural fruits or legal fruits of the mortgaged property from the date of seizure, unless the mortgagee has not notified the person who shall pay off the statutory fruits.
-
Failure to repay debts is an act of private lending. This kind of matter is not within the jurisdiction of the public security organs. You should file a lawsuit directly with the people's court, and the court will protect the legitimate rights and interests of the parties based on the evidence.
If the other party borrows money and does not pay it back, it is possible to use things to pay off debts, but it is not possible to directly and forcibly take things to pay off debts without consent, and this behavior is likely to be suspected of theft and is illegal. >>>More
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. >>>More
Generally speaking, the two parties have a borrowing relationship because they borrow money, and once one party fails to repay the borrowed money within the time limit, it is a breach of contract, and the creditor can claim liquidated damages. However, whether the creditor can claim liquidated damages is not necessarily, because in practice, it depends on the agreement between the parties. >>>More
If the loan is overdue, it will not only incur liquidated damages and interest, but also affect your personal credit information, and if it is overdue for a long time, it will be collected by the loan platform, and legal measures may be taken against you in serious cases, so it is recommended that you repay the loan on time.
You can call the police if you owe any amount of money. >>>More