What are the prosecution procedures for non repayment of borrowed money

I Don't repay the borrowed money What are the prosecution processes?

1. The plaintiff shall prepare the identity information of both the plaintiff and the defendant (if the defendant is a unit, it shall provide the industrial and commercial registration information, organization code card), petition and corresponding evidence Materials to the court Filing a case The court files the case.

One original of the pleadings and evidentiary materials shall be submitted to the court, and corresponding copies shall be provided according to the number of defendants.

2. After the court decides to accept the case, it shall pay the case acceptance fee as notified by the court.

3. Production according to court arrangement Hearing And mediate or make a judgment.

4. If the other party fails to repay the loan within the specified time after the mediation or judgment takes effect, the plaintiff may apply to the court Enforcement 。

2、 Precautions for lending procedures

obligor and creditor No matter how good your relationship is, you must call when you borrow money Debit note 。 Failure to print IOUs is the biggest legal risk. When the court examines the loan case, it shall require the plaintiff to provide a written IOU. If there is no written IOU, it shall provide the necessary factual basis. If there is no evidence for the request, it will bear the risk of losing the lawsuit.

Therefore, when lending, the borrower should take the initiative to write a written IOU, and the lender should also remind the other party to write a IOU. In case of special circumstances, if the IOU cannot be determined on the spot, a third person should testify and supplement the IOU afterwards. When repaying, the repayment person should pay attention to the withdrawal of the IOU, or jointly destroy the IOU. If the lender claims that the IOU is lost or damaged, the repayment person shall require the lender to issue a receipt, and the repayment person shall properly keep the receipt.

3、 Debit Notes and IOU Difference of

Both IOU and IOU are Creditor's rights and debts But there is a big difference between them.

A debit note is a written loan voucher issued by the borrower to the lender, which proves that both parties have established a Loan contract Relationship; The IOU is a settlement basis for both parties to settle based on previous economic transactions. In fact, it is the settlement of past economic transactions between both parties. It only represents a pure debt debt relationship, not a loan contract relationship.

When the holder of the promissory note brings a lawsuit to the court with the promissory note, because it is easier to identify and determine the fact of the loan between the parties through the promissory note itself, the holder of the promissory note generally only needs to simply state the fact of the loan to the judge, and it is generally difficult for the other party to defend and deny. However, when the IOU holder brings a lawsuit to the court with the IOU, the IOU holder must state the fact of the formation of the IOU to the judge. If the other party denies and defends this fact, the IOU holder must further provide evidence to prove the existence of the fact of the formation of the IOU.

Debit notes and IOUs in Limitation of action Differences on:

If a repayment date is specified for a debit note and a debt note, there is no difference in the limitation of action between the two, both of which are 3 years from the repayment date specified in the document. If the repayment date is not indicated on the document, there is a difference between the statute of limitations of the debit note and the debit note.

For the IOU without a specified repayment date, the creditor can request the debtor to repay at any time. The limitation of action is suspended from the date when the creditor claims his rights. However, if the creditor does not claim his rights within 20 years from the date of borrowing, the creditor will lose the right to win the lawsuit.

As for the IOU, although the creditor can also demand repayment from the debtor at any time, the limitation of action is also three years from the date when the creditor claims the right. However, within three years from the date of issuing the IOU, if the creditor does not assert its rights, it will lose the right to win the lawsuit. That is to say, borrowing and arrears If there is no agreed repayment date, the maximum limitation of action for the loan is 20 years, while the debt is only 3 years.

Therefore, when asking the borrower or debtor to write a note, the party concerned must clearly indicate whether it is an IOU or a IOU, and also indicate the borrower, debtor, loan time, loan amount, amount in words, repayment time, signature, fingerprint printing, seal and other basic items on the note, so as to avoid unnecessary trouble due to non-standard writing.

The above is the explanation of the litigation process of non repayment of borrowed money. There are obvious differences between IOUs and IOUs, which should be paid attention to in real life. Generally, the IOU lacks a description of the borrowing situation, and the limitation of action for arrears is only three years. Therefore, when borrowing, you must carefully fill in the relevant terms to protect your own rights and interests.