Joke Collection Website - Blessing messages - What should I do if I owe money but I don't owe it back?
What should I do if I owe money but I don't owe it back?
1. Negotiate with the other party and ask the other party to provide a repayment plan and make up an iou at the same time. Because we can't erase our face, many loans in our lives don't have IOUs. Everyone completes the loan relationship with each other through honesty. In fact, most people will abide by their credit in the end, so we can explain openly with each other and give each other a buffer period.
However, there are also some people who, because they can't pay back the money, or deliberately want to rely on the money, find excuses to default, and refuse to supplement the IOUs. We should guard against such people, learn from their mistakes, and take the second approach besides staying away from them in the future.
Second, if the other party owes money in bad faith, the way to deal with it is to collect evidence and prepare for prosecution:
1. SMS-after confirming that there is a loan
After several verbal reminders fail, you can use SMS to let the other party admit the fact of borrowing money. Then save the reply message of the other party. This is evidence.
2. audio and video recording-many parties admit to borrowing money
during the dunning period, they call each other many times and record the conversation, and then burn the CD for storage.
3. witness testimony-confirming the amount of money borrowed
when looking for money to borrow, did anyone see it and provide witnesses and testimony?
Through the above evidence, it is provided to the court for review. If the judge thinks that the sources of the submitted evidence, such as SMS, audio and video recordings and witness testimony, are legal, the contents are in line with objective facts, and the evidence is true and valid, then the other party must bear the responsibility of repayment and compensate other losses.
Article 63 of the Civil Procedure Law stipulates that evidence includes:
(1) statements of the parties;
(2) documentary evidence;
(3) physical evidence;
(4) audio-visual materials;
(5) electronic data;
(6) witness testimony;
(7) appraisal opinions;
(8) record of inspection.
evidence must be verified before it can be used as a basis for ascertaining facts. ?
Extended materials:
Lenders can start with indirect evidence to form a chain of indirect evidence.
1. evidence of borrowing money: provide evidence of lending money to the other party at that time, such as bank vouchers for transferring money to the other party; If the payment is made in cash, you should print the receipt or proof of presence from the bank.
2. Evidence of claiming creditor's rights: Collect evidence of asking the borrower for money, which can be the repayment plan in written form of the other party, or it can be proved in the form of audio and video recording that the other party has asked for money many times.
3. Property information of the other party: After the lender applies to the court for enforcement, the other party claims that it is unable to pay back the money. The lender can try to find out the property of the other party, mainly the house, car and company, and provide effective clues to the court.
References: Civil Procedure Law of the People's Republic of China-Baidu Encyclopedia
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