What can we do if others owe money?

1、 Others Non payment of money owed What can we do?

1. For not to pay the money one owes Yes, you can choose to sue, provided that evidence , and on Limitation of action Within.

2. Evidence includes IOU , audio recording, payment voucher, etc., and if the IOU is original, it cannot be altered or copied in any way.

3. If the repayment date is indicated, the limitation of action shall be Debit note Within two years from the date of expiration; If there is no repayment date, you can request repayment at any time within two years from the date of the first recovery.

4. After the judgment of the court, if the other party does not return, it can apply Court enforcement , Yes obligor Those who maliciously default may also be detained. If the debtor dies, he may make repayment from his estate.

II Don't repay the borrowed money Will you go to jail if you are charged?

1. Those who are prosecuted for not repaying borrowed money belong to civil dispute , generally not going to jail.

2. If the debtor refuses to execute the court's judgment judgment The written order, if the circumstances are serious, will constitute Crime of refusing to execute a judgment or order , you should go to prison after being sentenced.

3. The serious circumstances of the crime of refusing to execute the judgment or order are as follows:

(1) Those who refuse to report or falsely report the property situation, violate the people's court's restrictions on high consumption and relevant consumption orders, and refuse to implement after taking compulsory measures such as fines or detention;

(2) Forging or destroying important evidence concerning the ability of the person subjected to execution to perform, preventing others from giving testimony by means of violence, threat or bribery, or instigating, bribing or coercing others to give false testimony, which obstructs the people's court from ascertaining the property of the person subjected to execution, thus rendering the judgment or order unenforceable;

(3) Refusing to deliver the property or tickets specified in the legal document, or refusing to move out of the house or land, which makes the judgment or ruling unenforceable;

(4) Collusion with others through falsehood litigation . False arbitration, false reconciliation and other means hinder the execution of the judgment or ruling, which makes it impossible to execute the judgment or ruling;

(5) Obstructing the execution personnel from entering the execution site by means of violence or threat, or gathering a crowd to make a noise or impact the execution site, which makes the execution work impossible;

(6) Insult, besiege, detain or beat the execution personnel, which makes execution impossible;

(7) Destroying or seizing execution case materials, official vehicles and other execution equipment, executors' clothes and official certificates, which makes execution impossible;

(8) Refusing to execute the judgment or order of the court, resulting in creditor Having suffered heavy losses.

3、 You can ask for the overdue loan Liquidated damages Is it?

1. First of all, liquidated damages have been agreed in advance, that is, the right to claim liquidated damages.

2. When both parties establish a loan relationship, they agree to pay liquidated damages. If one party fails to repay the borrowed money within the time limit, the other party can claim liquidated damages.

3. In addition, the calculation of liquidated damages is as follows:

(1) Pay a certain amount of liquidated damages to the other party according to the breach of contract;

(2) The amount of compensation for losses arising from breach of contract shall be calculated as agreed.

4. In addition, the upper limit of general liquidated damages shall not exceed 30% of the actual loss. If it is too high or too low, the court can be requested to reduce or increase it. Therefore, if it is found that the liquidated damages previously set are too low, the creditor can go to the court to request an increase.

5. If liquidated damages and overdue interest are agreed in advance, the creditor can claim two kinds of compensation at the same time, but the sum of liquidated damages and overdue interest shall not exceed four times the interest rate of the bank for the same period.

6. Secondly, if no liquidated damages are agreed in advance, the creditor cannot claim liquidated damages.

7. However, because the other party fails to repay the borrowed money on time, the creditor can request the overdue interest.

8. Similarly, the calculation of overdue interest is not more than four times the bank's interest rate for the same period.

What can I do if others owe money The answer is that it can be handled through consultation, litigation or supervision procedures, or by requesting a mediation institution to mediate, or by applying to an arbitration institution for arbitration. We hope to answer your question through the above article. If you have any questions about this, click the "Ask Now" button below lawyer It can be answered online.