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Is there any clever way to deal with Lao Lai who owes money and doesn't pay it back?
Most ordinary people may not know Lao Lai, but after borrowing money, they will face the situation that the other party owes money. What should they do if they owe money?
Originally, it was only natural to pay back debts, but there are always some people who owe money and don't pay it back, and even their attitudes are extremely incorrect. Faced with this situation, everyone inevitably wants to ask: What should I do if I don't pay back the money I owe? What is the most effective method?
It is hard to say which method is the most effective for those stubborn "lai lai" who owe money.
I sorted out these tricks for everyone!
The first trick: negotiate in advance!
First, convince people with reason!
If you don't pay back the money you owe, you can negotiate with the other party as calmly as possible, relax the repayment conditions appropriately and pay it off in time. If it is really difficult for the other party to repay in time, both parties can sign a repayment agreement and stipulate the specific way and time limit of repayment; It is also agreed that if the other party still fails to perform at maturity, it may apply to the court for compulsory execution of the debtor's property.
The signing of such repayment agreement must be notarized by the notary office in advance. Once the repayment agreement expires, the creditor can directly apply to the court for enforcement according to the terms of the agreement, which saves a lot of cumbersome litigation procedures and saves time and money for debt collection.
The second measure: debt collection letter
Sending a debt collection letter to the other party is also an effective solution.
1. Effective interruption of the limitation of action: According to the Civil Procedure Law, the limitation of action for arrears is generally two years, that is, if the creditor fails to recover from the debtor within two years after the repayment period expires, the court will no longer protect it. However, according to the regulations, the debt collection letter, as a reminder, has the legal effect of suspending the limitation of action, which can extend the limitation of action and allow creditors to decide the time of prosecution flexibly.
2. The debt collection letter shows that the creditor has fulfilled the obligation of informing and reasonable time limit: according to the regulations, if the debtor fails to repay the debt within the time limit, the creditor should generally fulfill the obligation of informing and reasonable time limit, and then the debtor still fails to repay, before suing for repayment.
3. Debt collection letter is a quick and affordable way to collect debts: debt collection letter is a very formal way to collect debts. If you hire a lawyer to issue a more professional debt collection letter, it will make the debtor handle it more carefully and effectively improve the possibility of repayment.
The third measure: litigation
Law is the last line of defense to safeguard one's own rights and interests. If the other party still refuses to pay back the money after trying various ways, then you can only choose legal channels.
But before filing a lawsuit, remember to apply for pre-litigation property preservation.
Property preservation before litigation is to apply to the court for sealing up and freezing the other party's property, such as household registration, real estate, cars, etc. At the same time or in advance, to prevent the other party from transferring the property and ensure that the parties can get back the money and property in time after winning the case.
However, this step is not a necessary process. If the other party's property certificate cannot be provided, or the amount owed is not high, and the other party has a clear repayment ability, this step can be omitted.
Then you can go to court.
If the other party still refuses to repay the loan after the judgment, it may apply for compulsory execution.
After the judgment is made, the court shall file a compulsory execution within 2 years after the judgment takes effect. If the other party refuses to execute, he can detain the other party in the general area.
In fact, many people think that the other party has no money, and it is useless for you to sue, but it is still useful to go to court to sue most cases. Besides, some people can really find the other party's transfer of property, so check it first!
At the same time, we still need to know one thing when suing, that is, the statute of limitations. Because the limitation of action for creditor's rights is usually three years, your creditor's rights can be legally determined through legal procedures. Even if the debtor can't be found, as long as it hasn't been paid back, it can always be recovered.
Then, before making these moves, there is one more thing to do, and that is to increase your confidence-evidence, evidence in hand, can continue to go down!
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