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What to do if the debtor doesn't pay back the money and doesn't answer the phone

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What to do if the debtor doesn't pay back the money and doesn't answer the phone


        

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  • 2024-06-17 19:00:59

    It is suggested to take appropriate measures to give pressure and force repayment. If the collection effect cannot be achieved by non litigation means, it is recommended to take litigation immediately and consider litigation preservation. According to the provisions of relevant laws, if the interested party fails to apply for preservation immediately due to the emergency, which will cause irreparable damage to its legitimate rights and interests, it may apply to the people's court at the place where the property to be preserved, the place where the respondent resides, or the people's court having jurisdiction over the case to take preservation measures before filing a lawsuit or applying for arbitration. The applicant shall provide guarantee. If no guarantee is provided, the application shall be rejected. After accepting the application, the people's court must make a ruling within 48 hours; If the order is made to take preservation measures, the execution shall begin immediately. If the applicant fails to bring a lawsuit or apply for arbitration according to law within 30 days after the people's court takes the preservation measures, the people's court shall cancel the preservation.
    The prosecution must meet the following conditions:
    (1) The plaintiff is a citizen, legal person or other organization that has a direct interest in the case;
    (2) There are definite defendants;
    (3) There are specific claims, facts and reasons;
    (4) It falls within the scope of civil litigation accepted by the people's court and under the jurisdiction of the people's court to which the lawsuit is filed.

    Legal basis

    Article 101 of the Civil Procedure Law of the People's Republic of China, if an interested party fails to immediately apply for preservation due to an emergency, which will cause irreparable damage to its legitimate rights and interests, it may apply to the people's court where the property to be preserved is located, where the respondent is domiciled, or where it has jurisdiction over the case to take preservation measures before bringing a lawsuit or applying for arbitration. The applicant shall provide guarantee. If no guarantee is provided, the application shall be rejected. After accepting the application, the people's court must make a ruling within 48 hours; If the order is made to take preservation measures, the execution shall begin immediately. If the applicant fails to bring a lawsuit or apply for arbitration according to law within 30 days after the people's court takes the preservation measures, the people's court shall cancel the preservation.
    Article 119 of the Civil Procedure Law of the People's Republic of China requires that the following conditions be met:
    (1) The plaintiff is a citizen, legal person or other organization that has a direct interest in the case;
    (2) There are definite defendants;
    (3) There are specific claims, facts and reasons;
    (4) It falls within the scope of civil litigation accepted by the people's court and under the jurisdiction of the people's court to which the lawsuit is filed.

    Legal basis

    Article 101 of the Civil Procedure Law of the People's Republic of China (2017 Revision)
    If an interested party's legitimate rights and interests will suffer irreparable damage if it does not immediately apply for preservation due to emergency, it may apply to the people's court at the place where the property to be preserved, the place where the respondent has his domicile or has jurisdiction over the case for adopting preservation measures before bringing a lawsuit or applying for arbitration. The applicant shall provide guarantee. If no guarantee is provided, the application shall be rejected. After accepting the application, the people's court must make a ruling within 48 hours; If the order is made to take preservation measures, the execution shall begin immediately. If the applicant fails to bring a lawsuit or apply for arbitration according to law within 30 days after the people's court takes the preservation measures, the people's court shall cancel the preservation.

    Article 119 of the Civil Procedure Law of the People's Republic of China (2017 Revision)
    The prosecution must meet the following conditions:
    (1) The plaintiff is a citizen, legal person or other organization that has a direct interest in the case;
    (2) There are definite defendants;
    (3) There are specific claims, facts and reasons;
    (4) It falls within the scope of civil litigation accepted by the people's court and under the jurisdiction of the people's court to which the lawsuit is filed.

    Cui***

    2024-06-17 19:00:59

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