1、 General Don't repay the borrowed money How much can Filing a case ?
You can't file a case if you don't pay back more money. Because borrowing money belongs to Creditor's rights and debts The dispute is not an illegal or criminal act, and the public security organ has no right to interfere, that is, only not to pay the money one owes , of civil dispute Generally, the public security bureau will not file a case. Both parties can negotiate a settlement, or go to the court for mediation or prosecution. No matter how much the amount is, as long as the legal conditions are met, the court will file a case. So the parties should go through the civil procedure litigation To safeguard their rights and protect their legitimate creditor's rights and interests.
The People's Republic of China civil procedure law 》
Article 119 A suit 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) Belongs to the scope of civil litigation accepted by the people's court and the people's court being sued have jurisdiction over 。
Article 120 A lawsuit shall be submitted to the people's court Indictment And submit copies according to the number of defendants. If it is really difficult to write a statement of complaint, it may be filed orally, and the people's court shall record it in writing and inform the other party.
Article 121 The following items shall be recorded in the bill of complaint:
(1) The name, sex, age, nationality, occupation, work unit, address and contact information of the plaintiff, the name and address of the legal person or other organization, and the name, position and contact information of the legal representative or principal person in charge;
(2) Information such as the name, gender, work unit and address of the defendant, and information such as the name and address of the legal person or other organization;
(3) The claim and the facts and reasons on which it is based; (IV) evidence And sources of evidence, witness Name and domicile.
2、 I borrowed money but didn't pay it back Limitation of action How long?
(1) For regular repayment private lending The limitation of action is 3 years from the date when the repayment period expires, and the right to request the people's court for protection will be lost if the repayment period expires.
(2) For private loans with regular repayment, obligor Failure to perform after the agreed period expires debt But there is no repayment date arrears Article, it should be recognized that Interruption of limitation of action , the limitation of action shall be recalculated (3 years) from the day after the receipt of the debt clause.
(3) Non regular repayment of private loans, that is, private loans without a specified repayment date, are not subject to the limitation of the statute of limitations, but are subject to a maximum protection period of 20 years.
(4) For irregular private loans, if the borrower explicitly refuses to repay (of course, the borrower shall provide evidence to prove that it has explicitly refused to repay), the loan will be applicable for 2 years from the date when the borrower explicitly refuses to repay Limitation period 。
(V) For private lending beyond the limitation period, both parties agree on the original debt Repayment Agreement , or the borrower's signature on the payment reminder shall be deemed as the re confirmation of the original debt, and the creditor debtor relationship shall be protected by law.
According to the above, if you don't repay the borrowed money creditor If the interests of the company are lost, it can choose to sue. No matter how much the loan is not repaid, it has the right to sue. The court can sue according to law as long as it finds it reasonable and legal. Therefore, it needs to deal with it according to the regulations.
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