What if I don't pay back the money?

Borrowing money is not paid back for various reasons, or it is missing. There are two ways, one is through lawyers, and the other is through court mediation. I will focus on court mediation.

1. Preparation for court:

Bring a lawsuit to the court with jurisdiction at the defendant's domicile.

Before litigation, it is suggested to go to the provincial online litigation platform first, and the materials that need to be prepared can also be through online litigation.

Specific online requirements: the electronic version of the complaint (which can be created on the litigation platform), the basic information of the plaintiff and the defendant, the electronic version of the evidence (the debit note, if it is QQ or WeChat, you need to keep the original chat record evidence), and the identity information of you and the other party (if you don't know the ID number of the other party, try to fill in the basic information of the other party, such as unit, date of birth, address, etc.). ). Finally, sign the electronic version of the court confirmation service.

After the online lawsuit is submitted, the court will inform you that it has been approved within one week, and let you go to the court to send the paper version of the above complaint, evidence, personal information and delivery confirmation to the court window.

Second, the court mediation stage:

Transfer to mediation. Of course, you can refuse this mediation according to your own situation. If the mediation is usually within 15 days, the court will notify both parties to participate in the negotiation and issue a legally binding repayment agreement under the supervision of the court. This repayment agreement does not include losses caused by causality such as liquidated damages. If the other party fails to return it within the agreed date, you can directly apply to the Executive Board for execution according to the agreement, without going through the court.

The advantage is that it does not need a court decision and saves time. The disadvantage is that it is suitable for general loan relationship and does not support liquidated damages.

Third, the mediation in the court trial and sentencing stage failed;

If you are not satisfied with mediation, you can still refuse, sign and wait for it to be transferred to the business court.

If mediation fails, the commercial court will generally rank your cases within 7 days, confirm that the presiding judge will transfer to the civil court, call you to confirm, inform you of the court session time, and let you wait for the summons.

Generally, this kind of court session lasts for more than three months.

If the other party refuses to return it after the first trial, regardless of whether he is present or not, he can appeal to the second trial (the other party usually deliberately delays the appeal to the second trial), and the second trial will generally uphold the original judgment. At this point, after the original judgment of the first instance, you will apply to the court executive board for enforcement with the court judgment, usually for one or two months. The Executive Board will issue a consumption restriction order to the other party, ordering the other party to declare the garage, bank deposits, valuables, wealth management securities and insurance under its name within 30 days.

Finally, the court will return the money to you. In general civil litigation, it takes three to nine months from the time you file a complaint to the time you pronounce a sentence. This time will be counted separately by the court. In the meantime, you don't have to worry. You can add liquidated damages and interest to the complaint according to the existing bank loan interest rate.

The following photos, I take Henan court litigation service network as an example.