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Can't a daughter sue for borrowing money from her father?
1. What should Lao Lai do if he owes money?
In the case of Lao Lai's failure to pay back the money, the creditor's remedies are as follows:
1. It shall be settled through negotiation. Some debtors are not unwilling to pay back the money. If this is the case, they can solve it through consultation, fill in the arrears in time and urge them to repay as soon as possible. If you can negotiate, try to solve it through consultation. After all, peace is the most important thing.
2. Bring a lawsuit to the court. Collect evidence, WeChat transfer records, chat records, or hold valid loan vouchers. , and bring a lawsuit to the debtor or the court of the borrowing place.
3. Apply for a payment order. If the borrower makes a debit note and the other party refuses to pay back the money many times after the agreement expires, he can directly apply to the court for a payment order by virtue of the debit note.
4. Apply for enforcement. After the legal documents come into effect, apply to the court for compulsory execution. When accepting enforcement, the court will inquire about the property, vehicles, securities and deposits under the debtor's name according to law. If the person subjected to execution has property available for execution, the court will seal it up and detain it. If the debtor has no enforceable property under his name and refuses to perform the effective judgment of the court, negative information such as overdue repayment will be added to his personal credit report, included in the list of untrustworthy people, and will be restricted from high consumption and entry and exit, and even punished by judicial custody.
Prosecution procedures for non-repayment of loans:
1. Prepare the identity information of both parties and make an indictment; The prosecution needs to explain the claim, evidence and reasons. Prosecution must be carried out within the statutory limitation of action. If you don't do this, you will lose your litigation rights;
2. Take the evidence and the indictment to the court to file a case and pay the litigation fees; The litigation expenses shall be paid in advance by the plaintiff and ultimately borne by the losing party;
3. The court will hold a hearing after examining and confirming the acceptance;
4. The judgment of the court;
5. Execute the judgment.
Legal basis:
Article 667 of the Civil Code of People's Republic of China (PRC)
A loan contract is a contract in which the borrower borrows money from the lender, repays the loan at maturity and pays interest. Article 668 A loan contract shall be in written form, unless otherwise agreed between natural persons. The contents of a loan contract generally include terms such as loan type, currency, purpose, amount, interest rate, term and repayment method. Article 669 When concluding a loan contract, the borrower shall, at the request of the lender, provide the true information about the business activities and financial status related to the loan.
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