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Does the police station accept the loan?

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Source: Legal Chart Compilation · 2024.02.19 · 3737 people have seen it
Guide: The police station will not take charge of borrowing money if it is not returned. The debt dispute is a civil dispute. If the debtor does not repay the borrowed money, the creditor can file a lawsuit in the court of the debtor's residence. If the conditions for filing the case are met, the court will accept it. Generally, the judgment will be made within about three months if it is suitable for summary procedure. For more information on whether the police station will accept the loan, see the following article.
 Does the police station accept the loan?

I Don't repay the borrowed money Does the police station accept it?

The police station usually doesn't manage Non payment of money owed

The money owed does not belong to Economic disputes Case, not belong to the public security department have jurisdiction over , the police station will not manage. It is useless if the alarm is given. The parties may collect and retain the true evidence , such as arrears IOU Repayment Agreement Loan contract . The evidence of SMS and WeChat communication, bank transfer receipt, etc., are invalid after repeated reminders Limitation of action To file a lawsuit in the court within two years.

2、 What is the prosecution process for non repayment of borrowed money

1、 Filing a case Acceptance

The plaintiff shall submit Indictment And relevant evidentiary materials, and submit copies of the indictment and evidence according to the number of defendants. After examination, if the conditions for acceptance are met, the case shall be accepted immediately and the relevant filing procedures shall be handled. If the conditions for acceptance are not met, the ruling of rejection shall be served on the plaintiff within seven days from the date of receipt of the petition.

2. Pretrial preparation

The court shall, within five days after accepting the case, serve the defendant with a copy of the statement of complaint, a notice of response litigation Notice of rights and obligations, notice of proof, subpoena for hearing. After responding to the lawsuit, the defendant served the plaintiff with a subpoena. In accordance with the law Subpoena At the same time, both parties should make various preparations for the hearing, such as informing the parties who must participate in the proceedings, investigating necessary evidence, informing the parties of the members of the collegial panel, and presiding over the exchange of evidence before the hearing. For the parties concerned, after being sued first, they should respond to the lawsuit according to law in order to safeguard their legitimate rights and interests, and should submit the complaint to the people's court within 15 days after receiving it Pleading And copies, and submit relevant evidence within the evidence period specified by the court. Secondly, we should make all kinds of preparations to appear in court and participate in the trial on time according to the summons of the people's court.

3、 Hearing

At the beginning of the hearing, the court clerk shall first announce the court discipline, and the judge shall ascertain the presence of the parties and ask whether the parties apply for withdrawal. The court session can be divided into court investigation, court debate, court mediation or judgment. The court investigation is mainly to find out the facts of the case under the leadership of the judge, and the parties should fully provide and cross examine evidence at this stage. After the completion of the court investigation, the judge summarizes the focus of the case according to the situation of the case, and the trial is transferred to the debate stage. In the debate stage, the parties can elaborate their own views around the focus of the case and fully exercise their right to defense. After the end of the court debate, the mediation is conducted under the auspices of the judge. The parties can reach a mediation agreement of their own free will. If a mediation agreement cannot be reached, the judge will generally make a judgment in court. If the case is too complicated to be pronounced in court, the judgment shall be pronounced regularly.

4. Appeal

The parties are not satisfied first instance A judgment or order of a people's court may be appealed to the people's court at the next higher level within the statutory time limit. The appeal period for a party who refuses to accept a civil or administrative judgment is 15 days, and the ruling is 10 days; The appeal period against a criminal judgment is ten days, and the ruling is five days.

5. Application for retrial and appeal

Parties, legal provisions of parties agent If a person or an interested outsider believes that there is definite error in a legally effective civil or administrative judgment, ruling or mediation of the people's court, he or she may apply for retrial. An application for retrial shall be filed within two years after the judgment or ruling becomes legally effective. If a party, his legal representative or his close relatives believe that there is definite error in a legally effective criminal judgment or order of a people's court, they may appeal. The appeal period is from the effective date of the judgment to the defendant punishment Two years after the end date. The application for retrial or appeal shall be submitted to the people's court that made the effective judgment. Application for retrial or appeal shall be submitted Application for retrial perhaps declaration And the original judgment document shall be attached. If there is new evidence, it shall be submitted together. According to the law, the application for retrial or appeal shall not affect the execution of the effective judgment or ruling.

6. Application for execution

judgment . After the written order, mediation statement and payment order become legally effective, obligor Failing to perform according to the period specified in the above instrument debt Of, creditor Can apply to people Court enforcement The time limit for applying for enforcement is one year if both parties or one party is a citizen, and six months if both parties are legal persons or other organizations. One party fails to perform the award given by the arbitration institution according to law Enforcement In case of valid creditor's rights documents, administrative organs' handling or punishment decisions, the other party may apply to the people's court for compulsory execution.

3、 The debtor refuses to repay the loan lawyer Does it work

It is certainly useful for the debtor to borrow money but not to ask a lawyer. The role of asking a lawyer is:

1. On Creditor's rights and debts In the dispute, the lawyer can inquire about the debtor's relevant property clues and apply to the court for sealing up to avoid the debtor's transfer of property;

2. In the process of bringing a case to the court, it is necessary to submit a statement of complaint and evidence materials. The parties may run into difficulties everywhere because they do not understand professional knowledge. Lawyers have professional skills, are familiar with the court's case handling process, and can handle business professionally;

3. Lawyers with professional knowledge can help clients avoid many possible risks.

If the borrower fails to repay the borrowed money, he can sue the borrower in the court, and the court will make a judgment according to law after accepting the judgment. If the borrower fails to perform the obligation of repayment after the judgment, the lender can apply to the court for enforcement. Does the police station accept the loan , this question has been given a very clear answer in the above article. I hope this article can help you. If you have any related questions, you can click the "Ask Now" button below to ask Nomogram Online professional lawyer.

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