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Will Lao Lai go to prison if he doesn't pay back the money?

Time: 2024.03.02 label: Creditor's rights and debts Recovery of arrears Reading: 1052 people

Lawyer's analysis:

Generally not criminal offence , will not go to jail. If you encounter a rogue, you can directly bring it to the court litigation To demand repayment, after the court judgment comes into effect, you can demand repayment according to the court judgment; If at this time obligor In case of non repayment creditor Can apply to the court Enforcement 。 If the creditor does not want to sue for settlement, he can apply to the court for a payment order to urge the other party to repay.

Legal basis:

Article 216 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.

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Lawyers' answers

ask Should the children pay off the debts owed by their father?

A father's debt does not necessarily need to be repaid by his son. From the legal point of view, the son has no legal obligation to repay the debt on behalf of the father; However, under the following circumstances, the son may repay the debt on behalf of his father: 1. He has accepted a gift from his father, which makes his father's debt unable to be repaid; 2. From my father

Lawyer Liu Jin

ask What if my friends don't pay back all the time?

If your friend doesn't pay back the money, you can apply for a payment order. If the other party fails to repay the debt when due, the creditor can negotiate with the debtor to repay the debt. If the debtor refuses to repay the debt, the creditor can sue the court to demand the other party to repay the debt. For the folk with regular repayment

Lawyer Liu Jin

ask I got out of debt, will I go to jail?

Generally, you don't need to go to prison, but if you refuse to execute the sentence, you may be prosecuted for criminal responsibility, even if you still need to pay back the money in prison. If you are in debt, you must pay it back, otherwise you may be blacklisted as a dishonest person, or even you may be jailed if the circumstances are bad. Will be

Lawyer Liu Jin

Latest high-quality answers

Selected pictures and texts Pufa video Voice Answers

How to sue the other party for repaying money if there is a debt note

Lawyer Liu Wei

Hold the IOU to sue for repayment, first write the statement of complaint to explain the appeal and factual reasons, collect the IOU, transfer records and other evidence, and submit it to the court with jurisdiction. After the court accepted the case, it issued a subpoena to the defendant for trial. If the evidence is sufficient, the court may judge the defendant to repay.

Views: one thousand three hundred and forty-seven 2024-09-21
How long can we sue the other party before we pay back the money we owe

Lawyer Wu Wanjun

No matter how long the debt dispute lasts, if the borrower fails to repay the debt when the debt repayment period expires, you have the right to sue to protect your rights. If the repayment period is not agreed, the debtor may demand repayment at any time. If the debtor still fails to repay the debt within the specified time, he may sue. In order to ensure the effectiveness of legal protection, it is recommended to act as soon as possible so as not to miss the statute of limitations.

Views: one thousand four hundred and forty-seven 2024-09-21
What's the most effective way to borrow money without a receipt

Lawyer Wu Wanjun

If the loan of others is overdue and there is a receipt, the repayment shall be urged through friendly negotiation. If it is invalid, you can sue, and prepare the indictment, IOU, transfer record, etc. in advance. After the court accepts the case, it will hear the ruling. After winning the case, the other party may not apply for compulsory execution to safeguard its legitimate rights and interests.

Views: nine hundred and thirty-five 2024-09-21

Is it useful to borrow money and not sue

Jing Wenjing, lawyer

For non repayment of borrowed money, prosecution is useful, but evidence is needed to win the lawsuit. Therefore, if you want to ask the other party to repay the money through prosecution, you need to collect evidence that can prove that you have a debt relationship. According to the legal provisions of our country, evidence includes: statements of the parties, documentary evidence, physical evidence, audio-visual materials, etc.

Play volume: one thousand three hundred and thirty-eight 2022-06-08
Only transfer records, no IOU, can we sue

Jing Wenjing, lawyer

Only the transfer record without the IOU can be sued, but if you want the court to support the appeal request, only the transfer record is more likely to lose the lawsuit, unless the other party acknowledges the fact of borrowing. Therefore, it is necessary to collect more evidence to form a complete evidence chain in order to achieve the goal of requiring the other party to return the money.

Play volume: one thousand one hundred and thirty-five 2022-06-08
How to determine the court jurisdiction of arrears

Lawyer Zheng Xiaolong

If the agreed jurisdiction is clear and exclusive, the case can only be governed by the agreed jurisdiction court; If the agreed jurisdiction is not clear, the case shall be subject to the statutory jurisdiction. If the contract does not stipulate a competent court or the agreed jurisdiction does not meet the legal requirements, the legal jurisdiction shall apply.

Play volume: six hundred and eighty 2022-06-07

39″

What should I do if I don't repay the borrowed money

Sheng Xinyin

You can prepare an indictment, collect evidence, and then go to the court for prosecution, which will be accepted by the court

Listening volume: six hundred and sixty-four 2019-11-27
61″

How to write the indictment when the unit has been dragging the payment

Sheng Xinyin

The bill of complaint shall state the following items: the name, sex, age, nationality

Listening volume: five hundred and thirty-one 2019-11-12
66″

What if my friend owes me money and runs away

Sheng Xinyin

You may bring a suit in the people's court at the defendant's domicile. According to the Civil Code of the People's Republic of China

Listening volume: zero 2019-09-28

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Referral lawyer

Lawyer Liu Jin

Beijing Jingshi (Taiyuan) Law Firm

During his practice, he handled hundreds of litigation cases, was familiar with the litigation rules, was good at grasping the focus of case disputes, refined the core of the case and the key factors affecting the outcome of the case, integrated relevant resources, and safeguarded the legitimate rights and interests of the parties to the greatest extent. The handling of cases is practical, rigorous and clear, and the interests of the parties are put first. During his practice, he successively served as the legal adviser of the housing provident fund management center of a city, a sports culture development company, a property association of a city, a branch of COFCO Feed (Maoming) Co., Ltd., Shanxi Xinlongyuan Agricultural Development Co., Ltd., and handled a series of housing provident fund loan collection cases in a city, COFCO Feed (Maoming) We have accumulated rich experience and professional skills in asset collection and criminal defense, especially in a series of debt collection cases of a branch of the Company, a series of contract disputes of a central enterprise construction project, and debt collection cases of Shanxi Economic Construction Investment Group Co., Ltd.

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Relevant legal knowledge

How long can a friend sue him after borrowing money

1872 people read

Generally, when the borrower fails to repay on time, the lender can go to the court to sue the borrower. However, our country has stipulated a limitation period of action. If it exceeds three years, the court will not protect it, unless otherwise specified. The limitation period of action starts when the right is infringed and the obligor is known, and special provisions also apply to this time. If it exceeds 20 years, the court will not protect it, but the court can extend the limitation period according to the circumstances.
Only transfer records, can you sue the other party for repayment

1962 people reading

It is a legal risk to require repayment only based on the transfer record, and other evidence is required to confirm the nature of the loan. The court will consider all evidence and statements of both parties comprehensively. In order to increase the possibility of successful litigation, we strongly recommend that you try to collect and provide more evidence, such as chat records, text messages, telephone recordings, etc., which can effectively prove that there is a clear agreement between the two parties to borrow money.
How many years can I sue the debtor for repayment

1777 people read

The limitation of action for IOU is generally three years, starting from the date when the obligee knows or should know that his rights are damaged and the obligor. If the law provides otherwise, such provisions shall prevail. However, if it has been more than 20 years since the date of damage to rights, the people's court shall not protect them. Under special circumstances, the people's court may decide to extend them on the application of the obligee. During the limitation period, if the creditor brings a lawsuit to the court or the debtor agrees to perform his obligations by signing, sealing or fingerprinting on the IOU, the limitation period will be interrupted, and the limitation period will be recalculated from the time of interruption and the end of relevant procedures. If the IOU expires without suspension or interruption, the creditor may lose the lawsuit, but the debtor's voluntary repayment is not prohibited by law.
Does the police accept a friend's borrowing without a transfer record

1801 people read

A friend does not repay the borrowed money. Only the transfer record is available, and the police generally will not intervene, because this is a private debt dispute. Under such circumstances, a civil action may be brought in the court. It is suggested to prepare evidence such as loan agreement, receipt of loan and chat record, which can prove the existence of loan relationship between both parties.

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