100 Helping Programs
Based on the material provided, we can learn that if the debt is not paid after the dunning, it is possible to file a lawsuit with the court within three years. If the court makes a judgment and the defendant still fails to perform its obligations after the judgment takes effect, it may apply to the court for enforcement within two years after the judgment takes effect. However, if the other party does not have the money, the court will suspend the enforcement and wait until the other party has the money.
If the debt is not paid after the dunning, a lawsuit can be filed in court within three years. If the court makes a judgment and the defendant still fails to perform its obligations after the judgment takes effect, it may apply to the court for enforcement within two years after the judgment takes effect. If the other party really has no money, the court will suspend the enforcement and wait for the other party to have the money before enforcing it.
Legal Protection] There is an IOU to demand payment , and the defendant refuses to perform it, how can the right be defended?
If you are the defendant of a private loan and have not repaid the loan after the court judgment, you can apply to the court to enforce the judgment. The court may take the following compulsory measures in accordance with law: freeze or transfer the deposits of the person subject to enforcement, seal, seize, freeze, auction or sell the part of the property of the person subject to enforcement that shall perform its obligations, issue a search warrant, conduct a search of the person subject to enforcement and his residence or hidden property, compel the person subject to enforcement to pay double the interest on the debt or the payment for the delay in performance, and if the creditor discovers that the person subject to enforcement has other property, it may also request the people's court to enforce the law at any time.
If you refuse to comply with the effective judgment or ruling, you may be fined or detained if the circumstances are serious. If the circumstances are serious enough to constitute a crime, you may also be held criminally liable. Therefore, in order to protect your legitimate rights and interests, you must fulfill the court judgment on time.
Defendants in private lending should fulfill court judgments in a timely manner, otherwise they will face enforcement, fines, detention and even criminal liability. Applying to the court for enforcement is an effective way to resolve disputes, and the court may take a variety of compulsory measures in accordance with the law. Please apply for enforcement in time to protect your legitimate rights and interests.
Article 188 of the Civil Code stipulates that the statute of limitations for filing a request to the people's court for protection of civil rights is three years. Where the law provides otherwise, follow those provisions.
The limitation period is calculated from the date on which the right holder knows or should know that the right has been damaged and the obligor. Where the law provides otherwise, follow those provisions.
However, if more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not grant protection, and where there are special circumstances, the people's courts may decide to extend the rights holder on the basis of the right holder's application.
Author: Fa Que Consulting.
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