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You first consider his situation whether he has no money to pay back, or whether he really can't afford to pay it back.
In the former, he is thick-skinned, and you are thicker than him, ask him to take it.
The latter, wait for him to be really convenient and then pay it back, can't! Friends have the meaning of wealth.
In fact, when it comes to money among friends, it is the saddest thing to take the initiative (intentionally or unintentionally) to remind each other when it is appropriate.
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In the future, you have to borrow other people's things or money with the mentality that you don't plan to pay me back. You'll know what to do.
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Legal analysis: 1. Speak directly when due; 2. Be clear in person when you see the right time; 3. Reverse borrowing. After the occurrence of a creditor-debtor relationship, if the debtor delays repayment for various reasons, or even refuses to repay, the creditor must find a way to recover the amount owed.
In practice, Ying Liyou should collect relevant evidence and file a lawsuit with the court in a timely manner to avoid missing the statute of limitations.
Legal basis: Article 188 of the Civil Code of the People's Republic of China provides that the statute of limitations for requesting protection of civil rights from a people's court is three years. Where laws provide otherwise, follow those provisions of the previous continent.
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.
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What should I do if I owe money to my friends? If you are interested, come and find out.
01 What should we do if a friend has trouble asking you to borrow money, and you borrow it out of friendship, but your friend keeps repaying the money? Let's find out.
02 In general, there are two reasons for not repaying
1.Really forgot to lend you money.
2.If you don't forget, you just don't return it, pretending that you forgot.
03 If you really forget, we can hint to the other party, and he may remember and pay you back. The other party may be embarrassed, and you also show that you don't mean to collect debts, but just mention it casually.
04 If it's a noisy imitation cherry tree that you pretend not to remember, it's more troublesome, let's put it simply, you also ask him to borrow money, it's best to count the interest into it, whether you can borrow it or not, it depends on your eloquence.
05 If this friend just doesn't pay back, we can protect our rights and interests through legal means, 06 When we don't pay back the money, we can consider two methods: requesting a payment order or suing.
1. Payment order: The people's court issues a payment order to the debtor upon the application of the creditor; If the debtor does not raise an objection within the statutory period, the creditor may request the people's court to enforce the summary procedure on the basis of a payment order.
07 II. Methods of recovering arrears through litigation.
1) Collect evidence: When filing a lawsuit or responding to a lawsuit, you should submit the necessary evidence to the court, otherwise your claim may not be supported by the court and you will bear the consequences of losing the case.
2) If it is determined that the defendant is a joint debt of the husband and wife, whether you have sued both husband and wife. If the debtor is a company, whether the shareholder has made false capital contributions, made false capital contributions, made bridge capital contributions, or withdrawn capital contributions, and whether the shareholders have abused the independent status of the company's legal person and the limited liability of the shareholders to cause serious damage to creditors, the shareholders should be added as defendants.
3) Debt cases that have chosen the court of jurisdiction are generally heard by the court at the place where the defendant's household registration is located, and may also be the court at the place where the defendant habitually resides (resides continuously for more than one year). Due to the debts arising from the contract, you can also choose a court that is favorable to you under the guidance of the case filing lawyer of the court where the contract is performed, so as to facilitate the enforcement of the judgment. Where there are multiple defendants, one of the defendants is selected to choose a court that is favorable to their own side.
4) "Writing a complaint" refers to a written litigation request submitted by citizens, legal persons, and other organizations to the people's court requesting that the people's court make a fair judgment in accordance with law when they feel that their civil rights and interests have been infringed upon or that a dispute arises with others.
08 Legal basis: Article 108 of the Civil Procedure Law stipulates that 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 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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If a friend owes money and does not pay it back, the creditor can go to the court to sue the debtor, and if the debtor fails to perform the effective judgment after the court judgment, the creditor can apply for enforcement. Pay attention to the statute of limitations and property preservation in litigation, and try to avoid the situation that you cannot get money if you win the lawsuit.
Legal Basis].
Article 2 of the Provisions on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases, when the lender files a lawsuit with the people's court;
Evidence of creditor's rights such as IOUs, receipts, and IOUs and other evidence that can prove the existence of the legal relationship between loans and loans shall be provided.
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Friends don't pay back the money borrowed from the socks, do you have an IOU? Collect evidence first, no matter what you do, it is not okay to say that there is no evidence, in the IOU, the IOU can have legal effect, and you can also get his identity information, you need to go to the court later, and it will not be so easy to be rejected by the court, because the prosecution needs to guess the evidence, identity information, and complaint.
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1. Apply to the court for a payment order.
The people's court issues a payment order to the debtor based on the creditor's application; If the debtor does not raise an objection within the statutory period, the creditor may request the people's court to enforce the summary procedure on the basis of a payment order.
2. Methods of recovering arrears through litigation.
1) Collect evidence.
You should submit the necessary evidence to the court when filing a lawsuit or responding to a lawsuit, otherwise your claim may not be supported by the court and you will bear the consequences of losing the case.
2) Determine the defendant.
3) Select the competent court.
Debt cases are generally heard by the court where the defendant is registered, or it may be the court where the defendant habitually resides (more than one year of continuous residence). Due to the debts arising from the contract, you can also choose a court that is favorable to you under the guidance of lawyer Lawyer Min, the court where the contract is performed, so as to facilitate the enforcement of the judgment. Where there are multiple defendants, one of the defendants is selected to choose a court that is favorable to their own side.
4) Write a complaint.
1. What are the conditions for not suing if you owe money?
Civil Procedure Law of the People's Republic of China
Article 108 stipulates that the following conditions must be met for a prosecution:
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 lawsuits, 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.
2. What are the conditions for a friend to apply for property preservation if he owes money and does not repay it?
1. The situation must be urgent, and failure to take property preservation will cause irreparable damage to the applicant's legitimate property rights and interests;
2. The interested party must submit an application to the people's court where the property is located, and the court does not take the initiative to take property preservation measures ex officio;
3. The applicant must provide a guarantee, otherwise the court will reject the application;
4. The case must have payment content, which is a lawsuit for payment; 5. It must be the conduct of one of the parties that may make it difficult to enforce the judgment.
In the case that the other party owes money and does not pay it back, there is no need to consider the so-called friend relationship with the other party, and the litigation cycle is indeed relatively long if the debt is collected through judicial means, but many times do not choose to sue for processing, and there is no other solution to the old man who owes money and does not pay it back.
I'm in a similar situation to you right now, last year an old colleague said that he was waiting for the money to pay the down payment of the house, so I lent her some money, and said that he would pay me back next month. What now? It's been more than a year and a half and there is still no information. >>>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.
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
Legal analysis: If the relationship between friends is concerned, it is recommended to negotiate first, and if the negotiation fails, you can sue the court to claim the creditor's rights, and apply for enforcement after the judgment takes effect, and partially solve it through the real estate, vehicle, bank and other network inquiry and inspection and control systems. The Civil Procedure Law and other relevant provisions stipulate that compulsory measures such as detention, custodial summons, fines, inclusion in the list of dishonest people, and other compulsory measures may be taken against the person subject to enforcement, the purpose of which is to punish him for not performing the obligations of the effective documents of the people's court. >>>More