What should I do if I still don't have a receipt?

I arrears No, not yet IOU What should I do?

Non payment of money owed No IOU creditor Can collect other evidences of arrears evidence , such as bank transaction flow obligor Recording, video recording, witness, chat record, transfer voucher, etc. that admit the fact of borrowing for prosecution and recovery debt The more sufficient the evidence is, the greater the probability of winning the case and the greater the possibility of getting back the loan.

[Legal Basis]

The Supreme People's Court private lending Article 2 of the Provisions on Several Issues Concerning the Application of Law to Cases stipulates that when a lender brings a lawsuit to the people's court, it shall provide evidence of creditor's rights such as IOUs, receipts, IOUs, and other evidence that can prove the existence of the legal relationship between lending and borrowing.

The creditor's right certificate held by the party concerned, such as IOUs, receipts and IOUs, does not specify the creditor, and the party holding the creditor's right certificate initiates private lending litigation The people's court shall accept the case.

If the defendant raises a factual defense against the plaintiff's creditor qualification, and the people's court considers that the plaintiff does not have the creditor qualification after trial, Ruled to dismiss the lawsuit 。

II How to sue if you still owe money ?

(I) Legal costs Payment of

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.

（2） 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.

(III) Private lending disputes Evidence to be submitted

(1) Loan Agreement Or IOUs;

(2) Loan relationship guarantee Evidence relating to the guarantee;

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

(4) Proof of the purpose of the debtor's loan;

(5) Proof that the debtor should pay interest;

(6) Where there is no interest agreement, the creditor requires the debtor to pay the overdue interest, or the interest free loan from time to time is not repaid after being urged, and the creditor requires to pay the interest after being urged, there shall be evidence of non repayment when due or after being urged;

(7) If the debtor's whereabouts are unknown, there should be relevant evidence to prove the authenticity of the creditor's rights certificate and pay off the debt;

(8) Payment and interest payment voucher.

3、 How to apply if you don't pay back the money you owe Enforcement

1. Application

The parties must comply with legally effective civil judgments and orders as well as criminal judgments and orders. If one party refuses to perform, the other party may apply to the people's court for enforcement, or the judge may transfer the case to the enforcement officer for enforcement.

2. Court acceptance

If a party or interested party considers that the execution violates the provisions of the law, it may raise a written objection to the people's court in charge of the execution. If a party or an interested party raises a written objection, the people's court shall review it within 15 days from the date of receiving the written objection, and if the reason is justified, rule to cancel or correct it; If the reason is untenable, the ruling shall be rejected.

3. Apply for reconsideration

If the parties or interested parties are not satisfied with the ruling, they may apply to the people's court at the next higher level for reconsideration within 10 days from the date of service of the ruling. If the people's court fails to execute the application within six months from the date of receiving the application for execution, the person applying for execution may apply to the people's court at the next higher level for execution. After examination, the people's court at the next higher level may order the original people's court to execute within a certain period of time, or may decide to have it executed or order other people's courts to execute.

4. Send execution notice to the person to be executed

Upon receiving the application for execution or the letter of transfer for execution, the execution officer shall issue an execution notice to the person subjected to execution and order him to perform within the specified period. If he fails to do so within the time limit, compulsory execution shall be carried out. If the person subjected to execution fails to perform the obligations specified in the legal document and is likely to conceal or transfer his property, the execution officer may immediately take enforcement measures.

5. Take coercive measures

When a compulsory enforcement measure is taken, the enforcement officer shall produce his certificate. After the execution is completed, a written record of the execution shall be made, which shall be signed or sealed by the relevant personnel present.

No arrears, no IOU Limitation of action The appeal is resolved within the period, but the fact that the other party owes money should be collected in advance, so that there is a greater chance of success. in the light of What should I do if I don't have a debt note yet If you still don't know what you need to know about this problem, you can directly click the "Ask Now" button below and lawyer Communicate online.