What if a friend doesn't pay back the money he owes?

1、 I have a friend Non payment of money owed What about the money?

When the party is in arrears, he/she may consider two methods: requesting payment order or suing.

（1） , Payment Order

According to the People's Court creditor 's application to obligor Issue payment order; If the debtor does not raise an objection within the statutory period, the creditor may request the people's court to grant Enforcement Summary procedure of.

（2） , via litigation Recovery of arrears Approach

1. Collect evidence

When prosecuting or responding to the lawsuit, you should submit necessary evidence to the court, otherwise your claim may not be supported by the court and you will bear the consequences of losing the lawsuit.

2. Determine the defendant

belong to Conjugal debt Whether you have sued both the husband and wife.

If the debtor is a company, whether the shareholders make false and false capital contributions, cross the bridge capital contributions, withdraw capital contributions, and whether the shareholders abuse it company law If the independent status of the shareholder and the limited liability of the shareholder cause serious damage to the creditor, the shareholder shall be added as the defendant.

3. Select have jurisdiction over court

debt The case is generally heard by the court in the place where the defendant's domicile is located, or the court in the place where the defendant often lives (continuously for more than one year). The debts arising from the contract can also be recorded in the Contract performance District court Filing a case lawyer Under the guidance, choose the court that is favorable to oneself to facilitate the execution of the judgment. If there are more than one defendant, choose one defendant to choose a court that is beneficial to your side.

4. Write Indictment

A civil bill of complaint refers to a written litigation request submitted to a people's court by a citizen, legal person or other organization to ask the people's court to make a fair judgment according to law when they believe that their civil rights and interests have been infringed or have disputes with others.

2、 What conditions must exist for prosecution?

《 civil procedure law 》

Article 108 stipulates that a lawsuit 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 litigation 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.

To sum up, creditors should take timely measures to recover the arrears arrears The best way to use is to use legal means to solve the problem. If illegal means are used in the process of debt recovery, not only the debt will fail, but also other legal responsibilities will be borne by oneself.