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Someone owes you a thousand dollars, and if you don't pay it back, it's useless to call the police, and the police won't help you recover what you owe. You can file a lawsuit with the court and prepare relevant evidence, such as IOUs, etc. Within the statute of limitations, it is resolved by filing a lawsuit with the court, which is only 1,000 yuan in case value, and the lawsuit is time-consuming and laborious, and the cost is high.
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But civil debt disputes. **Mediation, but if mediation fails, no intervention is allowed. It is recommended that the claim be resolved through civil means, and the claim should be recovered through negotiation and litigation.
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If you owe 1,000 yuan, you can't call the police, and the handling method is as follows:
1. First of all, when you don't pay back the money you owe, you should collect evidence, such as IOUs, receipts, bank transfer records, etc.;
2. Collect the property information of the other party, and the purpose of collecting the property information of the other party is to enforce the property of the other party after the court wins the lawsuit;
3. File a lawsuit with a court of competent jurisdiction;
4. Write a complaint, bring evidence and a complaint to the court to file a case and pay the litigation fee, and after the court reviews and confirms, it will arrange for the trial time of the civil case to be completed within three months of the summary procedure and within six months of the ordinary procedure;
5. Under normal circumstances, it is best to apply to the court for property preservation at the same time as filing a lawsuit, which is to seal the other party's accounts, real estate, vehicles and other property to prevent the other party from transferring property.
Civil Procedure Law of the People's Republic of China
Article 214:Where a creditor requests the debtor to pay money or valuables, and meets the following conditions, it may apply to the basic level 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. Article 216:After accepting an application, the people's court shall, after examining the facts and evidence provided by the creditor, issue a payment order to the debtor within 15 days of accepting the creditor's rights and debts, if the creditor's rights and debts are clear and lawful; If the application is not sustained, a ruling shall be made to reject it.
The debtor shall pay off the debt within 15 days from the date of receipt of the payment order, or submit a written objection to the people's court. If the debtor does not raise an objection and fails to perform the payment order within the period specified in the preceding paragraph, the creditor may apply to the people's court for enforcement. Article 66: Evidence includes:
1) Statements of the parties;
2) documentary evidence; 3) physical evidence;
4) audio-visual materials;
e) electronic data;
6) witness testimony;
7) Appraisal opinions;
8) Inquest records.
Evidence must be verified to be true before it can be used as a basis for determining facts.
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The non-repayment of the money owed is just a private loan dispute, and this matter is not under the jurisdiction of the public security department, so there is no need to report the case to the police. The creditor may retain specific evidence to match it, and after the efforts to collect it are invalid, it can be resolved by filing a lawsuit with the court within the statute of limitations. It is only a case value of 1,000 yuan, and the lawsuit is time-consuming, laborious, and the cost is high.
Article 119 of the Civil Procedure Law.
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 litigation claims, facts, and reasons;
4) It is within the scope of the people's court's acceptance of civil litigation and the jurisdiction of the people's court receiving the lawsuit.
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Legal analysis: The fact that Lu quietly owes money is not only a private loan dispute, and this matter is not under the jurisdiction of the public security department, so there is no need to report it to the police. The creditor may retain specific evidence, and after the efforts to collect it are invalid, it can be resolved by filing a lawsuit with the court within the validity of the lawsuit at the time of litigation.
Legal basis: Civil Procedure Law of the People's Republic of China
Article 119:The following requirements must be met for 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 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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Legal analysis: This is a civil dispute, and you can collect relevant evidence and sue in court. Debt disputes can be popularly understood as the occurrence of conflicts caused by various monetary loan repayment relationships.
Debt disputes are also conflicts between people caused by money, which is called debt disputes, legal obligations: the debtor has the obligation to follow the agreement.
Legal basis: Article 668 of the Civil Code 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 loan, currency, purpose, amount, interest rate, term and repayment method.
Article 674 of the Civil Code The borrower shall pay interest within the agreed time limit. Where there is no agreement on the time limit for the payment of interest or the agreement is not clear, and it is still uncertain in accordance with the provisions of Article 510 of this Law, and the loan period is less than one year, it shall be paid together with the return of the loan; If the loan period is more than one year, it shall be paid at the end of each year, and if the remaining period is less than one year or spike, it shall be paid at the same time when the loan is returned.
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Legal analysis: You can call the police, but the money owed is not a civil case, and under normal circumstances, the case will not be filed, and the most is mediation and mediation. The parties can resolve the matter through court proceedings.
Collect relevant evidence to prove the debt. Go to the court to file a lawsuit and apply for pre-litigation property preservation. Court prosecution, case filing, court hearing, and judgment.
When the other party owes money and does not repay it, if the conditions for filing a lawsuit are met, it may prepare prosecution materials in accordance with the relevant requirements of the Civil Procedure Law, file a lawsuit with the people's court, and request that the people's court make a judgment that the other party should repay the loan and bear liability for breach of contract. Before filing a complaint, one should be prepared to collect the appropriate evidence and draft a complaint. The procedure is as follows, write the indictment, bring the evidence and the indictment to the court to file the case and pay the litigation fee, and the court will try it after it is reviewed and determined to accept it, and the court will make a judgment; Enforcement of judgments.
Legal basis: Criminal Law of the People's Republic of China Article 313: Where a person refuses to enforce a judgment or ruling, or refuses to enforce a judgment or ruling of a people's court but has the ability to enforce it, and the circumstances are serious, a sentence of up to three years imprisonment, short-term detention or a fine is to be given, and where the circumstances are especially serious, a sentence of between three and seven years imprisonment and a concurrent fine is to be given.
Derivative question: What are the materials that need to be submitted for prosecution?
In general, the following materials should be submitted when filing a lawsuit.
1) An original copy of the complaint, with copies according to the number of defendants;
2) Proof of the qualifications of the parties (including plaintiffs, defendants, third parties, etc.);
3) Evidence of the Court's jurisdiction;
4) Other evidence.
Evidence that needs to be submitted for private lending disputes.
1) Loan agreement or IOU;
2) If there is a guarantor in the loan relationship, evidence of the guarantee;
3) Proof of delivery and receipt of money by both borrowers and borrowers;
4) Proof of the purpose of the debtor's loan;
5) Proof that the debtor should pay interest;
6) If the creditor requires the debtor to repay the overdue interest, or borrows the money without interest from time to time and fails to repay it after being reminded, and the creditor demands to repay the interest after the reminder, there shall be evidence that the debtor does not repay it when due or fails to repay it after being reminded;
7) If the debtor's whereabouts are unknown, there shall be relevant evidence to prove the authenticity of the creditor's rights certificate and the repayment of debts;
8) Proof of payment and interest.
If you are a close friend and have a very good relationship with each other, you can try to understand his recent situation and whether he really has the ability to repay, for example, your friend's monthly salary is used to pay off the mortgage, pay off the bank credit card, etc. If this is the case, I personally suggest that it is better not to ask for it, after all, 1000 yuan is not too much, leave some dignity for your brother! Maybe the relationship will be better in the future! >>>More
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