Have you ever lent money to a classmate or friend around you, but never got it back?
In 2014, Xiao Han, who was once the best friend in college, lent 10,000 yuan to Xiaoyue, but she never thought that the 10,000 yuan she lent would not only never be recoveredEven because of this 10,000 yuan, the two people who were once the best turned against each other.
In 2020, when Xiaohan saw the TV series "I Am Yu Huanshui", he was particularly touched by the part where Yu Huanshui asked for money in the play. Xiao Han told Brother Mata,She never understood why the money she lent out didn't come backWhy does Xiaoyue never pay it back even though she has money?
10,000 yuan is not much for Xiaohan today, so Xiaohan told Brother Yu that she should buy a lesson and will definitely not borrow money in the future. Even if you borrow money, borrow less, and if you lend it, you don't want to get it back, otherwise you will find an enemy for yourself, and you won't be able to get it at all.
Like Xiaohan, there are not a few people who can never get back the money they lend outSo if you are unfortunate enough to meet an old man, how can you get back the money you lent in the past?
Today, Brother Mata will teach you a few methods that you can use when you meet an old man. Friends who don't pay attention to Brother Mata can quickly follow Brother Mata,If you have questions about finance, taxation, legal affairs, finance, non-payment of debts, etc., you can communicate with Brother Mata.
1. Timely prosecution
If you encounter a situation where the borrower does not repay the debt, you must file a lawsuit in time. In a society governed by the rule of law, litigation is definitely the best way to collect debts, and there is no such thing. Creditors actually have different options for suing depending on how much they owe.
For people who owe a relatively small amount of debt, generally speaking, only tens of thousands of yuan, if they hire a lawyer, it is likely that the money they will have to get back is not as expensive as the lawyer's fee. So,If you owe a small amount of debt, you may consider appealing on your own.
At present, there are online courts all over the country, which can be found in a letter applet, and you can choose mediation first, and then choose to appeal on your own if the mediation is unsuccessful. When filing a lawsuit, just choose the ** person for yourself,After submitting all the documents, the relevant judge will help you mediate with the other party, provide legal aid, etc. Therefore, if the amount of debt is relatively small, you can go to the court on your own to choose mediation or litigation.
For friends with large debts, it is more reliable to find a professional lawyer to sue。Although the asking price will obviously be much higher, there will be more ways for lawyers to trace funds, etc.
One thing to understand isProsecution is a contest between evidence and evidence, and the courtroom is a place where evidence is spoken, the lawyers' verbal swords in the movie are film and television processing, and they are not equal to reality. So,If you want to win the lawsuit and want the other party to pay back, then prepare as much evidence of debt as possible, as well as evidence that the other party has funds in their name or transferred assets in order not to pay back, is the most important point in the prosecution process.
Therefore, in order to have the identity information and contact information of the other party when filing a lawsuit. So,When you lend money at the beginning, you must be prepared for a lawsuit in the future on the IOU and other loan documents, and ask the other party to write down the ID number and address。In particular, the ID number is not only a proof of borrowing money to ensure that the only natural person borrows, but also a very important piece of information when filing a lawsuit.
At the same time,When dealing with a borrower with a family, it is best to list the family as the debtor, then you can prevent the debtor from transferring funds but bearing the debt alone, so that the creditor knows that the other party has money but because the other party has no money in his name, even if he wins the lawsuit, he still can't get the money.
In addition, there is another very important point,Within 3 years of the expiration of the IOU, there must be written information about the debt or file a lawsuit。Otherwise, according to Article 188 of the Civil Code, if three years have passed, the creditor automatically loses the right to sue for debts. Even if you sue and there is evidence, you will eventually lose the case because of the overtime.
Therefore, the three-year statute of limitations must be remembered!
2. Apply for compulsory enforcement
If you encounter a person who still refuses to mediate when suing, or who still does not pay back the money after losing the lawsuit, then you must apply to the court for enforcement in time.
The biggest benefit of applying for enforcement,That is, the court can inquire about the deposit of the person subject to enforcement, and carry out compulsory measures such as seizure, freezing and transfer of assets under his name。And if the other party has assets in his name, but refuses to repay the loanOn the one hand, they can be listed as judgment defaulters, and on the other hand, they can also be criminalized
Article 313 of China's Criminal Law stipulates: "The crime of refusing to enforce a judgment or ruling refers to a judgment of a people's courtWhere it is ruled that there is the ability to enforce but refuses to do so, and the circumstances are serious, a sentence of up to three years imprisonment, short-term detention, or a fine is to be given;where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine.
Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph. ”
Therefore, when we saw that Zheng Shuang was recently forced to enforce 90.5 million yuan, the lawyer's entry that Zheng Shuang was able to do not enforce the maximum sentence of 7 years was hung on the hot search.
So,If the other party does not immediately coordinate the repayment after winning the lawsuit, it must apply for enforcement as soon as possible.
Article 236 of the Civil Procedure Law stipulates that: "The parties must perform on legally effective civil judgments and rulings. If one party refuses to perform, the other party may apply to the people's court for enforcement, or the adjudicator may transfer it to the enforcer for enforcement. ”
The parties must perform the mediation document and other legal documents that shall be enforced by the people's courts. If one party refuses to perform, the other party may apply to the people's court for enforcement.
However, for the judgment defaulters that we often hear about, in fact, not everyone can be listed as judgment defaulters, and the conditions are still relatively strict.
Article 1 of the Several Provisions of the Supreme People's Court on the Publication of Information on the List of Judgment Defaulters (2017 Amendment) stipulates.
In any of the following circumstances, the people's courts shall include them in the list of judgment defaulters and give them credit punishments in accordance with law:(1) Refusing to perform obligations set forth in effective legal documents despite having the ability to perform；(2) Obstructing or resisting enforcement by means such as fabricating evidence, violence, or threats;(3) Evading enforcement by means such as sham litigation or arbitration, or concealment or transfer of assets;(4) Violating the property reporting system;(5) Violating an order restricting spending;(6) Refusal to perform on the enforcement of the settlement agreement without a legitimate reason.
Those who are included in the list of the untrustworthy are not only restricted from high consumption, but also affect their children's education. However, in fact, as long as the debtor is willing not to use high consumption, airplanes (second class and above) and high-speed trains (first class and above) can still be used.
3. The last resort
For the old man who still does not repay the money even if he applies for compulsory enforcement, oneGenerally speaking, the only thing that can make the other party feel deterrent and can take the initiative to repay the money is detention(You can check the news of each old man repaying the money). However, in order for an ordinary creditor to apply for detention of the debtor, the following four conditions need to be met.
There must be an effective judgment of the people's court;and to no avail after being enforced by the courts;And the other party has the ability to repay the money but refuses to pay it back;Moreover, the circumstances of refusal to enforce should be serious (including concealment, transfer of property, refusal to enforce, beating and verbally abusing enforcement personnel, etc., mainly those who have the ability but refuse to enforce).
At the same time, even if the above conditions are met, in order to achieve detention, the creditor needs to be able to grasp the debtor's whereabouts, and after the creditor provides the whereabouts, the court will arrest and detain them.
It's just that if you encounter a way to transfer property under your name is very clean,If there is no obvious evidence of transferring assets or concealing assets, it is actually more difficult to detain the old man。For example, if Evergrande Xu Jiayin, if it were not activated by the state machine, then not only the assets would have been transferred, but Xu Jiayin would have quietly escaped legal sanctions.
But as long as you bring it upThe court of appeal is in Chengdu, the amount of debt owed by the other party is more than 1 million, and you have applied for enforcement for more than 3 years. I want the other party to pay back the money but have nothing to do, let the 1 million not be willing but unwillingMata suggests that you share your story with Mata.
After all, 1 million is not a small number, judging from the "Recruitment Salary Report of Chinese Enterprises" released by Zhaopin.com in the third quarter of 2023, the median salary in the country is 8,001 yuan. Even in the case of ignoring the gap between the recruitment salary and the actual salary, the average migrant worker needs to save for about 11 years without eating or drinking to smooth it out.
Therefore, for friends who appeal in Chengdu, the amount of debt exceeds 1 million, and the application for compulsory enforcement has been more than 3 yearsYou can tell your story to Brother Mata and teach you how to collect debts.
Many times, when we lend money, just like Xiaohan's trust in Xiaoyue, because they are friends, girlfriends, and brothers, we choose unconditional trust, but when we collect debts, we can only gain the hatred of friends and the loss of money.
It's not money that's lost by the old guy, it's social trust。When that trust is gone, who would dare to borrow money when anyone really needs to borrow money?
Finally, friends who haven't followed Brother Mata can quickly follow Brother Mata!