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How to deal with the arrears of payment in Yiwu?
1. What if Yiwu people owe money and don't return the information?
After you can bring a lawsuit to the court, the court will make a judgment. The parties may keep relevant evidence (such as contracts, mails, short messages, recordings, remittance records, etc.). ) and promptly sue for repayment. According to the provisions of China's arbitration law, arbitration is final, trial-level and unified. Compared with the final system of litigation, arbitration is more conducive to the rapid settlement of disputes between the parties. When applying for arbitration, the parties shall submit an arbitration agreement, an application and a copy thereof to the arbitration institution. The application shall specify in detail the facts and reasons such as the name, gender, age and occupation of the party concerned. Arbitration to solve debt disputes has strong confidentiality, and most of the parties have no fierce confrontation. In addition, the cost of applying for arbitration is generally lower than the cost of filing a lawsuit. Procedural law. Debt dispute litigation is a kind of civil litigation. For some complicated cases, if the other party is difficult to handle or solve by other means, the creditor may choose litigation procedures to solve them.
Second, the specific situation
1. Legal verbal promises that can be proved are protected by law. If the repayment date is not indicated on the IOU, the lender may claim repayment from the borrower at any time.
2. An unprovable oral promise is untenable and has no legal effect, and the lender cannot claim rights based on it.
3. For the loan without repayment date, the lender can claim the right at any time, and the limitation of action is calculated from the repayment date promised by the borrower or the date when the borrower explicitly refuses to repay, and the limitation of action is two years. Of course, lenders should claim their rights within 20 years, and 20 years is the longest limitation period.
4. The latest legal issue concerning private lending is the Provisions on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases recently issued by the Supreme Court. The most important thing is the control of interest rates. According to this regulation, the interest rate of private lending cannot exceed 24% of the annual interest rate. The borrower has the right to refuse to pay the excess. The borrower voluntarily pays interest exceeding 36% per annum and has the right to demand the lender to return the excess.
For the behavior of not paying back the money, it is obviously a violation of the rights and interests of others. Creditors can deal with it through legal channels, especially for debtors who refuse to pay back the money or reply to the information, they can only be judged by the court through litigation. If the handling of the relevant situation is not clear, you can hire a lawyer for identification.
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