How to sue for non repayment of borrowed money in China

1、 China's Don't repay the borrowed money How to prosecute?

（1） Opposite party Non payment of money owed The methods are:

1. First, you can ask the debtor arrears , and make audio or video recordings to obtain corresponding knowledge evidence ，

2. You can also find people who are familiar with you to participate in the collection, so that you can do it later witness ;

3. If it is still not paid after dunning, you can rely on IOU And audio and video evidence to protect their claims through prosecution.

(II) litigation Process of:

one Indictment ;

2. Court Filing a case , need to carry ID Original and photocopy, version of indictment, evidence materials, etc;

3. Plus Hearing Right to litigate;

4 Pending judgment results.

The procedure for the prosecution of non repayment of arrears is as follows: indictment , bring evidence and indictment to the court for filing and submitting Legal costs After the court reviews and confirms the acceptance, it will hold a hearing, make a judgment and execute the judgment.

5. Pre litigation Property preservation

Pre litigation property preservation is to seal up the other party's account, house, car and other property to prevent the other party from transferring property. This step is not a necessary process. It should be combined with the situation of each case and the property situation of the other party. If the money owed is not much or the other party has the ability to repay, or the local property cannot be found, this step can be omitted.

2、 How to collect the charges for bringing a lawsuit to the court?

Civil cases are divided into property cases and non property cases. Property cases charge litigation fees in proportion to the amount or value of the claims. The cases of borrowing money but not paying back belong to property cases. In property cases, according to the amount or value of the claims, the payment shall be accumulated in the following proportions:

1. 50 yuan for each piece not exceeding 10000 yuan;

2. 2.5% for the part exceeding 10000 yuan to 100000 yuan;

3. The part exceeding 100000 yuan to 200000 yuan shall be paid at 2%;

4. The part exceeding 200000 yuan to 500000 yuan shall be paid at 1.5%;

5. The part exceeding 500000 yuan to 1 million yuan shall be paid at 1%;

6. The part exceeding 1 million yuan to 2 million yuan shall be paid at 0.9%;

7. The part exceeding 2 million yuan to 5 million yuan shall be paid at 0.8%;

8. The part exceeding 5 million yuan to 10 million yuan shall be paid at 0.7%;

9. 0.6% for the part exceeding 10 million yuan to 20 million yuan;

10. The part exceeding 20 million yuan shall be paid at 0.5%.

3、 Face not to pay the money one owes What should be paid attention to

1. Investigate the financial situation of the other party. As the saying goes, if you are not afraid of not paying back the money, you are afraid of not killing yourself. Therefore, it is better to first understand the financial situation of the other party and grasp its property trends, so that you can know whether the other party is able to repay.

2. Collect effective evidence for borrowing money from the other party. For example, telephone recordings, IOUs and other means are all evidences to prove the existence of a loan relationship between each other. Without these effective proofs, it is hard to say whether they will succeed in the end.

3. The preparation for non payment of debts is to notify the other party in writing or in other forms, give the other party a certain time for preparation, and tell what measures will be taken if the payment is not made after the time. Of course, intimidation is not allowed, otherwise it will violate national laws and regulations.

IV Debt dispute What are the possible situations of seizing property

Normally, obligor Non payment debt ， creditor We can only sue to the court to force the debtor to pay off the debt in a legal way. Under normal circumstances, the creditor cannot directly exercise the enforcement right, including the act of seizing property. However, this is not absolute. The creditor can detain the debtor's property if the law permits. The creditor is allowed to seize property under the following two circumstances:

（1） If one party takes possession of the other party's property according to the contract, and the other party fails to pay the payable amount according to the contract beyond the agreed time limit, the possessor has the right to detain the debtor's property.

（2） When the debtor or a third party provides a certain property to guarantee the debtor's performance of the debt, and the debtor fails to perform the debt, the creditor can detain mortgage And the value of the mortgaged property can be used to realize the creditor's rights. For example, if Party A mortgages a loan of 1000 yuan with farm cattle, and the loan is not repaid when it is due, the creditor can detain the farm cattle to urge Party A to repay the debt, or sell the cattle according to law to realize his rights, or make the farm cattle discount to himself, and the balance can be returned. This is the civil law mortgage 。

If the conditions for prosecution are met, a bill of complaint can be submitted to the people's court. The court will review whether the conditions for prosecution are met. If the conditions are met, the court will file the case within seven days, notify the parties, and notify them of the time of the court session. The above is about How to sue for non repayment of borrowed money About. If you still need to ask other related questions, you can click the "Ask Now" button below, and we will match the professional lawyer Answer your questions.