What's the most effective way to do if others don't repay the borrowed money
Lawyer's answer:
Friendly negotiation first, no prosecution.
Lawyer's analysis:
Friendly negotiation first, no prosecution. encounter Non payment of money owed First of all, we can try our best to negotiate with the other party calmly, appropriately relax the repayment conditions, and pay off in time. If the other party is really difficult to repay in time, both parties can sign《 Repayment Agreement 》, agree on the specific method and term of repayment; And agreed that if the other party still fails to perform upon expiration, it can apply to the court for obligor Property Enforcement 。 The signing of such a repayment agreement must be notarized by a notary office in advance. Once the repayment agreement expires, creditor You can directly apply to the court for enforcement according to the terms of the agreement, eliminating a lot of tedious litigation Procedure, saving time and money for debt collection. The law is the last line of defense to safeguard their own rights and interests. If the other party still refuses to repay the money after trying various ways, then the legal path of litigation is the only choice. But before you file a lawsuit, remember to apply Property preservation 。 Pre litigation property preservation is to apply to the court to seal up and freeze the other party's property, such as accounts, real estate, cars, etc., at the same time or in advance of filing a lawsuit, to prevent the other party from transferring property and ensure that the party can retrieve money and property in time after winning the lawsuit. However, this step is not a necessary process. If the property certificate of the other party cannot be provided, or arrears If the amount is not high, the other party has a clear ability to repay, so this step can be omitted. Then you can sue Filing a case Has. If the other party still refuses to return the judgment, it can apply for compulsory execution. After the judgment comes down, the court shall file a compulsory execution within 2 years after the judgment comes into effect. If the other party is able to repay, it will not execute. In general areas, the other party can be detained. The process of applying for enforcement: 1. I or lawyer Inquiry and understanding of property clues. 2. Drafting《 Enforcement application Book, submitted to first instance The people's court (or the court at the same level where the property of the person subjected to execution is located). 3. The people's court will notify the person applying for enforcement in writing at one time 4. After the enforcement case is filed, it is recorded into the court case handling system and the enforcement case information is made public 5. The judge operates the people's court's execution network inspection and control system to conduct a comprehensive inspection and control of the property under the name of the person being executed (bank deposits, online bank accounts, securities, equity, real estate, motor vehicles, insurance and wealth management, etc.) 6. Handle separately according to the inspection and control results (1) The executed person has bank deposits Directly transfer to the court account, pay the applicant for execution, and execute and close the case. (2) The person subjected to execution does not have sufficient bank deposits The judge analyzes the other property found in the online investigation and control and the property clues provided by the applicant for execution, and formulates the implementation plan. Prepare the ruling and the notice of assistance in execution, and request the relevant units to assist in sealing up and detaining the real estate, motor vehicles, securities, stock rights accumulation fund And other properties, and initiate property disposal measures. (3) If the person to be executed is an employee of the unit wages It is issued normally, but cannot be fully fulfilled at one time. In this case, the court will freeze the salary account of the person subjected to execution and deduct it once a year. According to the regulations, the case is not closed at this time, but can only be reported and closed according to the procedures for the termination of this execution. The case will not be closed until all the case funds have been executed. The implementation of the wage front can sometimes be prolonged for ten or even decades. (4) If the property and vehicles are sealed up, they can be evaluated and auctioned. ① Fill in the transfer form of external entrusted auction; ② Real estate price determination: both parties negotiate - online inquiry - targeted inquiry - initiate evaluation; ③ Lottery auction: if no one bids at the first auction, the second auction will be conducted. In the second auction (generally, the price will be reduced by 5% - 20%), if there is no bidding, another 60 day sale will be carried out. Sell off (no price reduction) If no one bids, you can pay the debt with goods. 7. Execute payment collection When the execution collection is deducted from the bank to the court account (corporate to corporate), the courts at all levels adopt the "one case one account" uniformly applied by the Supreme People's Court, and conduct transparent supervision from top to bottom. Only after the executor confirms that the money has reached the target account of the court can it be approved for distribution. The approval process is as follows: the executive organizes to go through the collection procedures - submits to the Executive Board for approval in the system - the hospital finance department issues funds (about 7-30 days). 8. Payment The payment procedure is as follows: carried by the applicant ID , bank card, fill in the executive and financial collars, gradually apply for approval after the procedures are completed, and then wait patiently. It is better to activate the bank SMS reminder function, or leave a phone number, and the clerk will remind you to check the account by yourself after payment.
Legal basis:
Article 3 of the Civil Procedure Law of the People's Republic of China
The provisions of this Law shall apply to the acceptance by the people's courts of civil actions brought between citizens, legal persons, other organizations and between them on the grounds of property and personal relations.
Article 231
The legally effective civil judgments and orders, as well as the property part of the criminal judgments and orders, shall be executed by the people's court of first instance or the people's court at the same level as the people's court of first instance in the place where the property being executed is located.
Other legal documents required by law to be executed by the people's court shall be executed by the people's court in the place where the person subjected to execution has his domicile or where the property subjected to execution is located.
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