110 Can we settle the arrears

1、 110 can be solved Non payment of money owed 吗

may not.

First, if only Don't repay the borrowed money And evidence Well, I want to solve the problem by calling 110. This is not feasible. The reason is very simple. The public security bureau doesn't care about ordinary Debt dispute , should bring a lawsuit in the court;

Second, it is feasible if it is only used as a means of fixed evidence. In reality, debt disputes often have no written evidence, but once prosecuted, there is no effective evidence. Therefore, if there is a dispute with the other party due to debt claims in an appropriate way, you can consider calling 110, but you must remember to ask the police to make a record of the dispute and ask the parties to sign. In the future, obligor Repudiation debt , it is supported by the written records of the Public Security Bureau.

In most cases, the main solutions for non payment in arrears are:

If the other party is willing to repay in good faith but has no ability to repay or repay in full at one time, a reasonable grace period may be considered;

2. The other party has good faith to repay, but cannot repay due to objective reasons Limitation of action The prosecution should be arranged as soon as possible;

3. If the other party has no sincerity to repay but is able to repay, it is suggested to take appropriate measures to give pressure to force repayment. If the collection effect cannot be achieved by non litigation means, it is recommended to take immediate measures litigation And consider adopting Litigation preservation 。

4. It is impossible to judge whether the other party has the sincerity to return or the ability to repay. It is suggested to apply pressure in an appropriate way to force the other party to respond in order to correctly judge the above situation and operate according to the above methods.

Legal basis:

The People's Republic of China Civil Code 》Article 188

Requesting the people's court to protect civil rights Limitation period Three years. If the law provides otherwise, such provisions shall prevail.

The limitation period of action shall be counted from the date when the obligee knows or should know that his rights have been damaged and the obligor. If the law provides otherwise, such provisions shall prevail. However, if it has been more than 20 years since the date of damage to rights, the people's court shall not protect them. Under special circumstances, the people's court may decide to extend them on the application of the obligee.

II creditor What should be paid attention to in litigation

There are many ways to resolve such disputes, such as consultation, mediation, arbitration and litigation, among which litigation is only one. In fact, there is a simple way to apply to the people's court for a payment order, which is to take back arrears Is one of the effective ways. If you choose to litigate, you should pay attention to the preparation before litigation.

1. Pay attention to the collection of evidence

Civil litigation implements the principle of "who claims who provides evidence". If creditors cannot provide evidence for their claims, they will bear adverse legal consequences. In debt disputes, the creditors must collect well to show the existence of both parties before suing Creditor's rights and debts Evidence of relationship, such as agreement, contract, delivery note, bill of lading, telephone recording, etc. For the evidence that cannot be collected by oneself due to objective reasons, the people's court may apply for investigation and collection in a timely manner. In addition, attention should be paid to the timely collection of evidence, which is generally submitted to the people's court within the time limit for adducing evidence. Otherwise, the other party may have exceeded the time limit for adducing evidence and will not cross examine.

At the same time, in order to ensure the execution of future judgments and the realization of creditor's rights, creditors can apply to the people's court before or at the same time of litigation Property preservation 。

2. Limitation of action should not be ignored

The limitation of action is very important for debt disputes. If creditors do not claim their rights within the time limit specified by the law, they will lose the right to win the lawsuit. According to the relevant provisions of China's laws, the time limit for such disputes is generally 2 years. The specific prescription is generally calculated from the date when the obligee knows that the right has been infringed.

For those who have exceeded the limitation of action but have not claimed their rights, it is suggested that creditors should not blindly sue, and should seek professionals to take remedial measures, such as re reaching a debt repayment agreement with the debtor.

III not to pay the money one owes Process of being sued

（1） The party concerned shall first submit indictment And submit corresponding copies according to the number of the other party. If the parties are citizens, the names, genders, ages, native places and addresses of both parties shall be indicated; If the party concerned is a unit, the name and address of the unit, and the name of the legal representative or person in charge shall be indicated. The body of the indictment shall clearly state the claim, the facts and reasons for the prosecution, and the tail shall be signed or sealed with the official seal.

（2） According to the principle of "who claims who provides evidence", the plaintiff shall submit the following materials to the court:

1. Material of plaintiff's subject qualification. Such as residents ID Household register, passport, home return permit for Hong Kong and Macao compatriots marriage certificate The original and copy of such evidence; Enterprise units as plaintiffs shall submit Business license Copies of business registration certificate and other materials.

2. Evidence proving the plaintiff's claims. Such as contracts, agreements, creditor's rights documents（ Debit note 、 IOU ), receipt and delivery vouchers, correspondence, etc.

（3） When submitting documentary evidence to the court, the party concerned shall fill in a list of evidence in duplicate, detailing the name and number of pages of the evidence submitted. After the evidence is checked by the court undertaker, the undertaker shall sign and seal on the list of evidence, one for the parties and one for the record.

(IV) Filing a case The court shall, within seven days after the parties have fulfilled the necessary formalities and submitted all the relevant evidentiary materials, go through the formalities for filing a case if the conditions for filing are met; If the case does not meet the conditions for filing, it shall be ruled not to accept according to law.

（5） The party concerned shall pay the case acceptance fee and other fees in advance within seven days after receiving the acceptance notice Litigation costs If it is really difficult, the court can submit a written application for reduction, postponement or exemption to the court within the advance payment period. If the application is not submitted within the time limit or the written application for reduction, postponement or exemption is not approved and still not submitted in advance, the court will rule to automatically withdraw the lawsuit.

（6） After submitting the litigation procedures initiated due to disputes, the court will schedule a hearing of the case, and the parties shall obey the work arrangements of the court, and settle the litigation costs in the financial office after the case is closed, and refund any excess or supplement any deficiency.

It's no use calling 110 if you don't pay back the money you owe, because the money you owe doesn't belong to civil dispute The public security organ will not file a case. If the borrowed money is not returned, the party concerned can file a lawsuit and be ready Indictment And evidence materials related to the case Jurisdiction The people's court of. about 110 Can we settle the arrears The introduction is given above. After reading the above content, if your question is still unanswered, you can click the "Consult Now" button below to consult professionals online lawyer 。