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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.
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If you don't pay back the money you owe, you won't file a case, because the money you owe is still a civil case, and mediation may be carried out after the police are called, but the case will not be filed. It is advisable to file a lawsuit with the court as soon as possible. If there is an IOU, and the content is clear and complete, there is a 100% chance of winning the case!
After winning the case, if the other party fails to fulfill the court's judgment within the performance period, it can apply to the court for enforcement. After the court enforces the first lithium, it will inquire about the real estate, vehicles, ** and deposits in the debtor's name in accordance with the law. If there is no property in the name of the person subject to enforcement and refuses to enforce a valid judgment of the court, some negative information will be recorded in the personal credit report of the person subject to enforcement, such as late repayment.
They will also be restricted from high spending and entry and exit, and may even be subject to judicial detention.
Article 122 of the Civil Procedure Law of the People's Republic of China: The plaintiff must meet the following conditions: The plaintiff is a citizen, legal person or other organization with a direct interest in the case; There is a clear defendant; There are specific claims, facts, and reasons; 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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1. Can't you still report to the police if you owe money?
1. The arrears cannot be reported to the police, but the arrears are not still civil cases, and mediation will generally be carried out and the case will not be filed. If you owe money, you can negotiate with the other party first and agree to repay the loan in installments. If the negotiation fails, it needs to be resolved through litigation.
The parties shall file a lawsuit in the court, and if the debtor's whereabouts are unknown in accordance with the law, but the debtor has not been declared missing, and the creditor sues to repay the debt, the people's court may make a judgment in absentia or suspend the litigation after the announcement and summons.
2. Legal basis: Article 678 of the Civil Code of the People's Republic of China provides that the borrower may apply to the lender for an extension before the expiration of the repayment period; If the lender agrees, it can be extended.
Article 674.
The borrower shall pay the interest according to the agreed period. 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, it shall be paid together with the return of the loan.
2. What should I do if I don't pay back the money I owe.
The handling of non-payment of money owed is as follows:
1. If the money is not repaid, it can be negotiated with the debtor and required to repay the loan as soon as possible;
2. If the two parties fail to reach an agreement through negotiation, they can file a lawsuit;
3. You can also apply to the people's court for arbitration.
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If you owe money, you can't report it to the police, but you can't file a case. As long as there is no method of fraud, imitation, fabrication of facts, or concealment of the truth, disputes over the illegal possession of public or private property obtained by fraud are civil disputes and shall be brought to court. There are two conditions that must be met to file a case:
1. There are criminal facts;
2. The facts of the crime need to be investigated for criminal responsibility in accordance with law. If there are facts of a crime, but the law provides that criminal responsibility should not be pursued, a case cannot be filed.
Civil Procedure Law of the People's Republic of China
Article 216.
After accepting the 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 from the date of acceptance, if the creditor's rights and debts are clear and legal; 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 217.
After receiving the written objection from the debtor, if the objection is sustained after examination, the people's court shall rule to terminate the supervision procedure and the payment order shall become invalid.
If the payment order becomes invalid, it shall be transferred to litigation procedures, except where the party applying for the payment order does not agree to initiate a lawsuit.
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Analysis of the law bench Lu Minglu: If you owe money, you can't file a case. It is advisable to file a lawsuit with the court as soon as possible.
If there is an IOU, and the content is clear and complete, the probability of winning the case is extremely high, and after winning the case, if the other party fails to perform the court's judgment within the performance period, it can apply to the court for enforcement.
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 jujube slag 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: owing money is not a civil case, you can call the police but under normal circumstances, ** will not be involved deeply, at most it is mediation and mediation, and will not file a case. The parties can resolve the matter through court proceedings.
Collect this blind 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.
Legal basis: Article 119 of the Civil Procedure Law of the People's Republic of China: Prosecution must comply with the following articles and congratulate the case:
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: If you owe money and do not pay it back, it is a civil case. You can go to court and sue.
No matter how much money you owe, you can go to court and sue for repayment. To urge the arrears, it is better to take legal measures and not to entrust the accounting company. It is difficult to protect the interests of the entrusted accounting company.
For those who fail to repay their debts when due, it is recommended to file a lawsuit with the court as soon as possible to demand repayment, and once the three-year statute of limitations has expired, they will lose the right to win the lawsuit.
Legal basis: Article 119 of the Civil Procedure Law of the People's Republic of China.
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 accusation from the source;
(3) There are specific litigation claims, facts, and reasons;
4) It is within the scope of the people's court's acceptance of civil hail litigation and the jurisdiction of the people's court receiving the lawsuit.
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