If you ask a good friend to borrow money from you, do you borrow or not?
If you borrow it, you are afraid that the other party will not pay it back, and if you don't borrow it, your feelings will inevitably fadeThat is to say, two people who have a good relationship, as long as they talk about borrowing money, one of them will inevitably suffer losses!And the old man who borrowed money and did not repay it has widened this relationship of distrust.
How much trust you have when you borrow money, how hateful you will be when you ask the other party to pay it back. Ordinary people lend out money, and it can be said that there is almost no way to meet the old manAlthough the other party lives a chic and nourishing life, because he does not have any assets in his name, even if the other party actually has money, but there is no money in the legal sense, there is no way to take the other party.
Then Brother Mata will teach you a few tricks to use in the face of the old guy, and help everyone get the money back that they lent. Hurry up and pay attention to Brother Mata to help you save more money. If you have questions about finance, taxation, legal affairs, finance, non-payment of debts, etc., you can also communicate with Brother Mata.
1. Borrowing precautions
Since 2018, legal collection has become the mainstream of society, and in the limited legal collection methods,Litigation is undoubtedly the most effective way to do this, and there is no one. Litigation can effectively restrict the living conditions of the other party, and even detain the other party, forcing the other party to repay the debt in time.
Therefore,When borrowing money, in fact, it is necessary to consider the retreat of the other party after borrowing money and not repaying it.
If the borrower is a husband and wifeIt is best to have the other party lend it in the form of a joint loan between the husband and wife。Because if the borrower is an individual, then the debt will be the responsibility of the individual, and it will have nothing to do with the spouse's family, which will cause the creditor to default in the form of personal debt when demanding repayment from the other party, but it will not affect the living conditions of the other party's family.
Article 1063 of the Civil Code stipulates that: "The husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each otherIf the husband or wife owes debts to the outside world, and the counterparty is aware of the agreement, the personal property of the husband or wife shall be used to pay off
However, if an individual loan is used for the joint use of the husband and wife, although it is also a joint debt of the husband and wife, the collection of evidence is complicated, and it is far less complicated than directly stipulating it as the joint property of the husband and wife on the IOU. Then even if the other party transfers assets in the form of divorce, the borrower can legally protect his own interests more simply.
At the same time, for the convenience of subsequent litigation,When writing the IOU, be sure to add the other party's ID number and relevant residential address. Then it will be more convenient for creditors to appeal at the litigation stage.
People who really need to borrow for emergencies can actually understand your worries;If you don't understand the worries and want to borrow money, then the creditor must think more about it when borrowing.
In addition, when borrowing, be sure to specify the borrowing period. If the other party has not repaid the money or has not paid it back after the expiration of the time limit, then either file a lawsuit in time, or be sure to leave written evidence that you have collected the debt from the other party.
Because Article 188 of the Civil Code provides:"The statute of limitations for filing a request to a people's court for the 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. ”
Moreover,After initiating a lawsuit, the debtor may also rely on the notice of acceptance of the case, the letter of assistance, the investigation order, and other materials to inquire about the real estate, vehicle, bank account and other information of the debtor, so as to prevent the debtor from hiding his property and thus evading the debt.
2. Enforcement
Generally speaking, a debt dispute that can reach the litigation stage must be due to the debtor's failure to repay the money borrowed. Therefore, even if you win the lawsuit, the other party will still cheat and refuse to repay the money. Therefore, it is necessary to apply for enforcement in time.
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.
After applying for enforcementThe court may inquire into the judgment debtor's deposits, seizure, freezing, transfer of the judgment debtor's property and other compulsory measures. If the other party has the corresponding assets in their name, then the court will directly transfer, seize, freeze, or even auction its assets to protect the interests of creditors.
It's just that we found that in real life, these old scoundrels have long figured out the rules of the lawThey will transfer common assets from their own names to their parents, children, ex-wives and ex-husbands in various forms such as divorce, gifts, salaries, dividends, etc. So that they can bear their own debts and their families are responsible for enjoying their own happiness. The borrower then lives as a family member, account number, etc., so as to realize the means of property transfer that does not affect the quality of life although the debt is indebted.
Therefore, for those who refuse to enforce and fail to repay their debts, Article 1 of the Several Provisions of the Supreme People's Court on Publishing Information on the List of Judgment Defaulters (2017 Amendment) stipulates.
The person subject to enforcement fails to perform the obligations set forth in the effective legal documents and has any of the following circumstancesThe 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 dishonest are not only restricted from high consumption, but also affect their children's education. StillIn fact, as long as the debtor is willing not to use high consumption, airplanes (below second-class) and high-speed trains (below first-class) can still be used.
SoFor Lao Lai, in fact, for most people, there is nothing they can do at all, and they can only hope that the other party's conscience will be discovered, and the other is to detain him.
3. Detention of the old man
Whether it's in the news or on any platform,We have found that the best solution for ordinary people to solve the problem of non-payment of debts is to detain the old man。However, detaining Lao Lai does not mean that he can be detained if he wants to, and four conditions need to be met at the same time.
There must be an effective judgment of the people's court;And after the court enforced it, it was still fruitless;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).
Moreover, even if the other party can be detained, the creditor needs to stay in the office, and the court will arrest and detain the debtor after grasping the whereabouts of the debtor.
Just,If the other party really has no property in his name, and there is no obvious evidence of transfer or concealment of property, then it is difficult to detain the old man.
SoIf the court you are appealing to is in Chengdu, the amount owed by the other party exceeds 1 million, and you have applied for enforcement for more than 3 years, and even you are ready to give up this extremely unwilling, but helpless words, Brother Mata suggests that you can tell your story to Brother Mata, and Brother Mata will teach you to be a fool.
1 million is not a small amount, no matter what kind of family loses this 1 million, it will inevitably make people distressed and will change the economic environment of the family, but the other party will be helpless to do anything about it, and he will not be able to get the money back with an IOU in his hand.
Again, if the court you are appealing to is in Chengdu, and the other party owes more than 1 million, you have applied for enforcement for more than 3 yearsThen you can tell your story to Brother Mata, and Brother Ma will teach you how to make the other person pay back.
Borrowing money, often lending out is trust, but what is taken back is the enemy, every old man should think about how to be worthy of the trust of friends.
Finally, friends who haven't followed Brother Mata can quickly follow Brother Mata!