What kind of dispute is claiming arrears?

1、 Request arrears What kind of dispute?

Asking for arrears is a civil dispute. Non payment of money owed It is a typical type of civil dispute, and the police will not accept it.

《 Civil Code 》Article 675,

The borrower shall repay the loan within the agreed period. If the term of the loan was not agreed or clearly agreed, and cannot be determined in accordance with the provisions of Article 510 of this Law, the borrower may repay the loan at any time; The lender may demand the borrower to return the loan within a reasonable period of time.

Article 676,

If the borrower fails to repay the loan within the agreed time limit, it shall pay overdue interest in accordance with the agreement or the relevant provisions of the state.

2、 How long to sue after overdue loan

The user applies for a loan on the lending platform. If the overdue time is 3 months or more, the platform can sue the user. But generally speaking, the lending platform mainly focuses on collection, and seldom sues users. Even if the lending platform sued the user, the court also wants the two parties to negotiate. After the negotiation is successful, the lending platform will withdraw the lawsuit.

Therefore, the user can actively negotiate with the lending platform after the loan applied by the lending platform is overdue. As long as the user is willing to repay, the probability of successful negotiation is high.

3、 How to sue online and not pay back the arrears

You need to go to the people's court if you don't pay back the money you owe Filing a case You can't sue online.

First, write indictment , the indictment should be concise and to the point, and the content should include relevant information of the plaintiff and defendant, litigation The request and the facts and reasons; Then carry relevant evidence And the indictment to the court for filing and payment Legal costs , relevant evidence includes Debit note , transfer records or IOU , and reasons for arrears; After the court accepts the case, it will wait for the court to notify the court to hold a hearing. After the court holds a hearing, it will make a judgment according to the law based on the evidence and evidence provided by both parties through court investigation and debate.

4、 How about not paying the money you owe Enforcement

Step 1: Application

The parties must comply with legally effective civil judgments and orders as well as criminal judgments and orders. If one party refuses to perform, the other party may apply to the people's court for enforcement, or the judge may transfer the case to the enforcement officer for enforcement.

If one party fails to comply with the award of an arbitration institution established according to law, the other party may appeal to Jurisdiction The people's court of. The people's court that receives the application shall execute it.

If one party fails to comply with the creditor's rights document that has been given enforcement effect by the notary office according to law, the other party may apply to the people's court with jurisdiction for enforcement, and the people's court that receives the application shall enforce it. If there is a definite error in the notarization of the credit document, the people's court shall make a ruling not to enforce it and serve the ruling on both parties and the notary office.

Step 2: Court acceptance

If a party or interested party considers that the execution violates the provisions of the law, it may raise a written objection to the people's court in charge of the execution. If a party or an interested party raises a written objection, the people's court shall review it within 15 days from the date of receiving the written objection, and if the reason is justified, rule to cancel or correct it; If the reason is untenable, the ruling shall be rejected.

Step 3: Apply for reconsideration

If the parties or interested parties are not satisfied with the ruling, they may apply to the people's court at the next higher level for reconsideration within 10 days from the date of service of the ruling. If the people's court fails to execute the application within six months from the date of receiving the application for execution, the person applying for execution may apply to the people's court at the next higher level for execution. After examination, the people's court at the next higher level may order the original people's court to execute within a certain period of time, or may decide to have it executed or order other people's courts to execute.

In the course of execution, if an outsider raises a written objection to the object of execution, the people's court shall review it within 15 days from the date of receiving the written objection, and if the reason is justified, it shall rule to suspend the execution of the object; If the reason is untenable, the ruling shall be rejected. If an outsider or a party to a case refuses to accept the ruling and believes that the original judgment or ruling is wrong, it shall be handled in accordance with the procedure for trial supervision; If it has nothing to do with the original judgment or order, it may bring a lawsuit to the people's court within 15 days from the date of service of the ruling.

What kind of dispute is it to ask for arrears This question is answered in the article. It is perfectly possible not to return the money owed to the local people's court to file a lawsuit and ask the other party to repay the money as soon as possible. If you still need to ask other related questions, you can click the "Ask Now" button below, and we will match the professional lawyer Answer your questions.