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What if others don't repay the loan? legal question
Legal analysis
Owning money is not a civil dispute now, but can be solved by creditors suing the court. (1) The general procedure of prosecution is as follows: 1. Write an indictment; 2. Take the evidence and the indictment to the court to file a case and pay the legal fees; 3. The court will hold a hearing after examining and confirming the acceptance; 4. Court decision; 5. Execute the judgment. Trial time of civil cases: summary procedures should be concluded within 3 months. The ordinary procedure will end in six months. (2) Evidence to be submitted for prosecution includes: (1) loan agreement or IOU; (two) the loan relationship has a guarantor, and provide a guarantee certificate; (3) proof of payment and receipt of both borrowers and borrowers; (4) Proof of the debtor's loan purpose, etc. Evidence can include IOUs, audio recordings, payment vouchers, etc. The loan should be original and cannot be altered or copied. If the repayment date is indicated, the limitation of action shall be within two years from the date of maturity of the loan; If there is no repayment date, you can ask for repayment at any time, within two years from the date of the first recovery. After the judgment of the court, if the other party cannot apply to the court for enforcement, it may also seize the debtor in bad faith.
legal ground
Article 188 of the Civil Law of People's Republic of China (PRC) requests the people's court to protect civil rights, and the limitation of action is three years. Where there are other provisions in the law, those provisions shall prevail. The limitation period of action shall be counted from the date when the creditor knows or should know that the right is damaged and the debtor knows it. Where there are other provisions in the law, those provisions shall prevail. However, the people's court shall not protect the rights that have been damaged for more than 20 years. Under special circumstances, the people's court may decide to extend the time according to the application of the obligee.
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