Joke Collection Website - Blessing messages - I don't owe money, but it is effective to ask for an iou now.
I don't owe money, but it is effective to ask for an iou now.
Legal analysis
What should I do if I don't pay back the money I owe: 1. 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 promptly sue for repayment. 2. You can contact a lawyer in time to help analyze and guide how to further collect evidence. Don't miss the statute of limitations, or you won't win. Defend their legitimate rights and interests. It depends on whether there is time to pay back the money on the loan. If so, a lawsuit should be filed within three years after the time of repayment. If there is no lawsuit, the two-year limitation period has passed and the right to win the lawsuit cannot be obtained. At the same time, it depends on whether there is evidence to prove that the statute of limitations is suspended or interrupted. If you don't have time to pay back the money on the IOU, you can sue for money at any time. 4. Some laws do not support the annual interest rate exceeding 36%. If it is found that the other party has property before the prosecution, you can apply for preservation. 6. If there is a guarantor, you can sue the borrower and the guarantor and ask them to bear joint liability. 7. If there are no criminal acts such as fraud in the private lending relationship and contract relationship, and only bear civil liability, the public security organ will not accept it. I suggest you go to court to sue for settlement. 8. If the borrower fails to appear in court, the court will serve the announcement, and the judgment by default has the same legal effect. 9. Bank transfer can only prove that you transferred money to him, but can't prove that the money is a loan. If there is no other evidence to prove that it is a loan, you can sue him for unjust enrichment and ask him to return it. 10. If it is gambling debt or other illegal debt, it is not protected by law and does not need to be repaid.
legal ground
Article 676 of the Civil Code of People's Republic of China (PRC) If the borrower fails to repay the loan within the agreed time limit, it shall pay the overdue interest in accordance with the agreement or the relevant provisions of the state.
Article 313 of the Criminal Law of People's Republic of China (PRC) refuses to execute the judgment or ruling of the people's court, and if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or fine; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.
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