I What to do if you don't pay the money you owe Most effective?
Non payment of money owed The most effective way is to file a lawsuit to the court, and the parties can submit evidence Go to the court to file a lawsuit. After the court accepts it, it will make a public announcement Subpoena obligor Respond to the lawsuit. If the time of the announcement period is up and the debtor does not respond to the lawsuit, the court will make a default judgment after hearing the case where the debtor's lending relationship is clear. And after the judgment is absent, creditor Can apply, and the court can adopt auction debt Or property.
2、 Proceedings for non payment of arrears
1. Pre litigation Property preservation
Pre litigation property preservation is to seal up the other party's account, house, car and other property to prevent the other party from transferring property. This step is not a necessary process. It should be combined with the situation of each case and the property situation of the other party. If the money owed is not much or the other party has the ability to repay, or the local property cannot be found, this step can be omitted.
2. Prosecution
Next is Filing a case , trial and judgment. Statutory first instance The trial period is six months, second instance It is three months. Generally, if there is no major accident, the first trial will be concluded in three to four months. It may take too long, but I can't help it. This is the last way. in the way of litigation How to do it and how to hold a court session are not detailed here due to the limited space.
3. Execution
If the judgment is passed, it shall be filed with the court within 2 years after the judgment comes into effect Enforcement Let the court directly check the other party's property and refuse to execute. If the other party refuses to execute, the judicial police can detain the other party in general areas, usually once a year for 15 days.
4. Mediation
Mediation means that both parties should step back and solve the problem. For example, if they owe 100000 yuan, Party A said that they should pay 90000 yuan less and pay it right away. Don't ask me for anything else. Party B said yes! Then the matter will be finished, and the two parties will settle it. Generally, the court will preside over the mediation between the two parties. I personally suggest that if the conditions are similar and acceptable, it is better to reach a mediation, because it is not wise to involve energy in the lawsuit. It is true to get money. Don't give up big interests for small interests.
The behavior of non repayment of arrears is generally a civil loan dispute. On the one hand, the handling of related matters needs to be strictly based on the actual situation of arrears, and on the other hand, it needs to be reviewed by the court. If serious illegal facts such as fraud are involved, relevant criminal responsibilities need to be investigated.
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