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What should I do if others don't pay back the money they owe me

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What should I do if others don't pay back the money they owe me


        

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  • 2024-06-18 01:01:42

    If the borrower fails to repay the arrears, the parties may adopt the following methods:
    1、 Find the borrower for negotiation. Ask them for the loan, express their need for the loan, and ask them to repay it within a certain period of time. You can also find common friends with the borrower to ask for and exert pressure on the borrower. If the negotiation fails, the parties may choose legal means to solve the problem.
    2、 The parties may apply to the people's court for an order of payment. 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 relationship between the creditor and the debtor is clear and legal; If the application is untenable, it shall be rejected by a ruling. If the borrower does not raise objection to the payment order and fails to perform it, the creditor may apply to the people's court for enforcement.
    3、 Can apply for property preservation before litigation. 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 of the other party. If there is not much money owed, or the other party is able to repay, or the other party's property cannot be found, this step can not be used. It is suggested that the property should be preserved when it can be preserved.
    4、 Prosecution. If the parties meet the conditions for prosecution, they should prepare the following materials: statement of complaint, materials to prove the subject qualification of the parties, main evidence to prove the plaintiff's claims, accurate address for service of the prosecutor, and accurate address and contact information of the opposite party. The court will accept those that meet the conditions for acceptance. If the borrower still fails to execute the judgment or ruling after hearing and winning the lawsuit, the parties may apply to the court for compulsory execution.
    Legal basis:
    Article 223 of the Civil Procedure Law 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 relationship between the creditor and the debtor is clear and legal; If the application is untenable, it shall be rejected by a ruling.
    The debtor shall pay off the debt within 15 days from the date of receiving the order of payment, or raise a written objection to the people's court.
    If the debtor neither raises an objection nor performs the order of payment within the period specified in the preceding paragraph, the creditor may apply to the people's court for enforcement.
    Article 103 The people's court may, on the application of the other party, order the other party to preserve its property, order it to do certain acts or prohibit it from doing certain acts in cases where the execution of a judgment may be difficult or other damages may be caused to the other party due to the actions of one of the parties or other reasons; If the party concerned has not applied, the people's court may also, when necessary, rule to adopt preservation measures.

    E***

    2024-06-18 01:01:42

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