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Is it useful to complain to the court about debt collection? How to complain?
1. How do people who owe money report it? What is the prosecution process?
Keep relevant evidence (such as the copy of the other party's ID card or ID number, contract, mail, short message, recording, remittance record, etc.). ) and sue him for repayment in time. It depends on whether there is time to pay back the money on the IOU. If so, a lawsuit should be filed within three years after the time of repayment. If there is no lawsuit, the three-year limitation period has passed, depending on whether there is evidence to prove that the limitation period is suspended or interrupted. The interest cannot exceed 4 times the interest of similar loans of the bank in the same period, and the interest higher than 4 times is invalid. If the other party is found to have property before prosecution, you can apply for preservation. If you don't pay back the money you owe, it is recommended to sue the people's court for repayment as soon as possible. Once the statute of limitations is exceeded, you lose the right to win the lawsuit. After winning the case, if the other party fails to perform during the performance period; After accepting enforcement, the court will inquire about the property, vehicles, securities and deposits under the debtor's name according to law; Those who have the ability to refuse to execute the judgment are suspected of refusing to execute the judgment.
1. Write a complaint first, file a case, pay the fee, and the court will notify the other party to respond, appoint a court session, hold a court session, and mediate the case. If mediation is not possible, a judgment will be made. After 15, neither party appealed the judgment and applied for enforcement.
2. In case of IOUs, and the time for writing IOUs has not exceeded two years, you can directly sue the other party for repayment. If there is an agreed date, it can be postponed for two years.
3. Try to collect evidence without debt. Text messages, recordings of debt collection, testimony and evidence provided by third parties when borrowing money. Evidence must be verified before it can be used as a basis for ascertaining facts.
4. The trial time of civil cases is: the summary procedure is concluded within 3 months, and the ordinary procedure is concluded within 6 months.
5. If the other party has deposits or other items, he can choose to apply for litigation preservation: First, he can request the court to seal up and freeze.
Second, what should I do if I owe money and can't contact?
1, pre-litigation property preservation
It is recommended that the parties check the other party's property first. If the debtor has real estate, cars and other assets under his name, he can first apply to the court for pre-litigation property preservation, and first seal up the debtor's property to prepare for the later implementation stage. You can also force the debtor to show up in this way.
2. Go to court to sue for repayment.
If the other party owes money and can't find anyone, and has a clear defendant, residential address and contact information, the court can accept it.
Because the debtor's whereabouts are unknown, the court usually summons the debtor to respond to the lawsuit in the form of an announcement after filing the case. If the debtor fails to respond to the lawsuit at the expiration of the announcement period, the court will make a default judgment after hearing the case with clear loan relationship.
After the default judgment, although the debtor's whereabouts are unknown, the court may auction the debtor's house or property at the request of the creditor to pay off the debt for the creditor.
3. Apply to the court to declare the debtor as a missing person.
If the debtor's whereabouts have been unknown for two years, the creditor may apply to the people's court to declare him a missing person. Taxes, debts and other expenses payable by the missing person shall be paid by the custodian from the property of the missing person. If the custodian of the missing person's property refuses to pay the loss, the creditor brings a lawsuit, and the people's court shall list the custodian as the defendant.
The most effective way to report people who owe money is to file a civil lawsuit with the court where the household registration is located. It is necessary to submit the relevant loan agreement or debt to the court, and the court will make a judgment according to the facts after accepting it.
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