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What is the most effective way for roommates not to pay back the money?
1, through negotiation, both parties can renegotiate the repayment time and sign corresponding agreements;
2, mediation, the parties can apply to the court for mediation, the people's court to hear civil cases, according to the principle of voluntary parties, on the basis of clear facts and distinguish between right and wrong, mediation;
3. file a lawsuit. If a creditor wants to file a lawsuit, it may prepare a complaint and evidence related to the case and submit it to the people's court with jurisdiction.
Attention should be paid to the following matters before and after the loan:
1. Pay attention to conclude a written agreement. In real life, if one party denies the loan without an iou, the other party will fall into a situation of "lip service but not reality" because it can't produce evidence. Even if a lawsuit is filed, the lender will lose because he can't produce evidence. Therefore, the borrower and the borrower should sign a written receipt or agreement on the amount, interest, term and responsibility of the loan. When necessary, it can also be notarized. When writing IOUs, use carbon ink with good stability, and avoid using ballpoint pens, so as to avoid illegible handwriting after a long time;
2. Pay attention that the agreed interest rate cannot exceed the legal scope. The law clearly stipulates that the interest rate of private lending may be appropriately higher than that of bank loans, but the maximum interest rate shall not exceed four times that of similar bank loans. The part that exceeds this limit is called "usury" and is not protected by law. Pay attention to reasonable and legal reminders. In real life, some people break their promises, some don't pay back when they are due, and some borrow the whole to pay back the zero. Therefore, where the loan has exceeded the agreed period, but the loan has not been returned, the lender should consider urging and reminding the borrower to urge him to return the loan within a reasonable period.
Legal basis:
Article 123 of the Civil Procedure Law of People's Republic of China (PRC)
The prosecution shall submit a complaint to the people's court, and submit copies according to the number of defendants.
If it is really difficult to write a complaint, it can be made orally, which will be recorded by the people's court and the other party will be informed.
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