What if the debt is summoned by the court?

In fact, everyone's life will have some borrowing situations. If you have lent money to a friend for many years and haven't seen it back, you can actually sue your friend directly, and the court can enforce it in the future. So, what if the debt is summoned by the court? Let's take a look together. 1. What should I do if the debt is summoned by the court?

When the court serves a summons, if there is no special reason, it is best to sign for it, because the subsequent proceedings will proceed as usual regardless of whether the summons is signed or not. If the subpoena is not signed, the subsequent litigation will be unfavorable to yourself (the company), because if you refuse the subpoena and do not attend the court session, it is equivalent to giving up your right to participate in litigation such as giving evidence. Then the other party's litigation evidence and corresponding statements will be recognized. In short, actively respond to the lawsuit and avoid passive warfare.

If you don't know how to handle the summons and how to respond to the lawsuit, you should entrust a lawyer to participate in the lawsuit in time.

Second, how to deal with people who owe money and don't pay it back?

(1) When issuing the IOU, the other party is required to indicate the lender's name, the loan amount (preferably in figures and words), the borrower's signature and seal (preferably with a copy of the borrower's ID card), and indicate the date. If it is an interest-bearing loan, the interest calculation method and repayment period can be indicated, and the agreed liability for breach of contract can be increased;

(2) If the borrower denies that there is no debit note to prove the fact of borrowing, the lender should find a witness or insider to coordinate or testify in court to prove the fact of borrowing, or can take audio and video recordings to prove the fact of borrowing when contacting the other party;

(3) If the borrower is missing or unaccounted for, he shall protect his rights through litigation in time. After accepting a case, the court may serve the litigation documents and make a judgment by way of announcement. After the judgment takes effect, it may apply to the court for compulsory execution. Of course, if the other party is still missing and has no property to execute, the judgment will not be executed immediately. Therefore, it is necessary to sue in time, collect clues about the other party's property after winning the case, and cooperate with the court to enforce it.

Third, what should I do if I owe money?

Private lending generally occurs between acquaintances such as relatives and friends, and most people can accept IOUs. A written evidence can not only clarify the borrowing facts of both parties, but also help to solve disputes through legal procedures when disputes arise. Therefore, when relatives and friends borrow money, they must issue loan credentials. If relatives and friends are in urgent need of loans due to unexpected events, it is too late to write IOUs or because of personal feelings, you can refer to the following methods:

(a) An interested third party must be present;

(two) it is best not to pay cash directly, but to transfer money through the bank;

(3) If you borrow money through QQ or telephone negotiation, you should keep the contents of QQ records or make telephone recording;

(four) to repay the loan in time.

Article 3 13 of the Criminal Law stipulates that whoever refuses to execute the judgment or ruling of the people's court, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine. It can be seen that the act of refusing to perform the judgment or ruling may be suspected of a criminal offence.

The above details how the court handles the debt summons for you. To sum up, I remind you that all loan disputes are civil disputes, and they are often not sentenced for non-repayment of debts. Of course, it may constitute a crime if the other party still fails to repay the money after suing the court.