What is the process of not suing for borrowing money?

I Don't repay the borrowed money How is the prosecution process?

The general procedure of prosecution is as follows:

1. Write indictment ;

2. Carry evidence And the indictment to the court Filing a case Hand in together Legal costs ;

3. The court will Hearing ;

4. Court decisions;

5. Execute the judgment.

Trial time of civil cases: summary procedures shall be concluded within three months. The general procedure shall be concluded within 6 months.

Payment of legal fees:

Litigation costs shall be paid in advance by the plaintiff at the time of prosecution. After the case is concluded, the bearing of litigation costs shall be determined according to the situation of the case. If the defendant loses the lawsuit, the defendant shall bear all legal costs; If both parties win or lose, the legal costs shall be shared by both parties or the court shall determine how to share them.

In general, the following materials should be submitted when prosecuting

1、 Indictment One original, with copies submitted according to the number of defendants;

2. Proof of the subject qualification of the parties (including the plaintiff, the defendant and the third party, etc.);

3. Our hospital has Jurisdiction Evidence;

4. Other evidence.

Private lending disputes Evidence to be submitted:

1. Loan agreement or receipt;

2. Loan relationship guarantee Evidence relating to the guarantee;

3. The voucher for the borrower and borrower to deliver and receive money;

4、 obligor Proof of the purpose of borrowing money;

5. Proof that the debtor should pay interest;

6. No interest agreement, creditor If the debtor is required to pay the overdue interest, or the interest free loan from time to time is not repaid after being urged to do so, and the creditor requires to pay the interest after being urged to do so, there shall be evidence of non repayment when due or after being urged to do so;

7. If the debtor's whereabouts are unknown, it shall prove the authenticity of the credit certificate and pay off debt Relevant evidence;

8. Payment and interest payment voucher.

2、 How long is the statute of limitations for non repayment of borrowed money

1. For regular repayment private lending ， Limitation of action It is 3 years from the date when the repayment period expires, and the right to request the people's court to protect will be lost if the repayment period expires.

2. For private loans with regular repayment, the debtor fails to perform the debt after the agreed period expires and issues a non 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 3 years from the date when the borrower explicitly refuses to repay Limitation period 。

In real life, if the borrowed money is not returned for a long time, it should be brought to the local people's court litigation It's totally OK, according to our country《 civil procedure law 》It is stipulated that a civil complaint should be submitted, and then the people's court should review whether the case meets the acceptance conditions. If it does, it will accept the case and organize both parties to hold a court session.