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How to make people who owe money pay back as soon as possible?
First, think clearly! Don't worry! He won't pay it back!
Too many people expect each other to take the initiative to pay back the money all day. Thousands of cases I have handled tell me: don't think too much! Normal people don't want to live a life of owing money. owing money is nothing more than two situations, one is really having no money, and the other is having no money. You really have no money. You expect him to pay you back voluntarily? You have no money and he pays you back?
So if you want your money back, please give up your fantasy and get ready to fight! Start asking for it!
Second, be smart! Pick a good time to show your cards!
The time to urge money is also very important. It's best to show your cards when the other side has more money! Generally speaking, years ago and before the Mid-Autumn Festival are good opportunities for showdown. At these points in time, the other party will have more money at hand, so it is natural to talk about it.
Third, leave a successor! Keep an eye on real estate clues!
Now that we are ready to rush, we must be prepared for the breakdown of negotiations! At this time, the other party is not pretending, it is a showdown, but it will not return. What can you do? If he goes to court, he will transfer the property! So at this time, we still have to keep an eye on the real estate clues! Control it when you sue or even before you sue! Once sealed, it's safe!
First of all, the court issued an "enforcement notice" to the person subjected to execution, summoning the person subjected to execution to declare his property.
According to Article 24 of the Provisions of the Supreme People's Court Municipality on Several Issues Concerning the Enforcement of People's Courts (Trial) (No.1998), after the people's court decides to accept the enforcement case, it shall issue an enforcement notice to the person subjected to execution within three days, ordering him to perform the obligations specified in the effective legal documents within a specified time limit, and bear the debts during the delay period stipulated in Article 232 of the Civil Procedure Law. Article 28 The applicant for execution shall provide the people's court with the property status or clues of the person subjected to execution. The person subjected to execution must truthfully report the property status to the people's court. Article 29 In order to find out the property status and ability to perform obligations of the person subjected to execution, the person subjected to execution or his legal representative or person in charge may be summoned to the people's court for inquiry.
According to the provisions of Article 241 of the Civil Procedure Law, if the person subjected to execution fails to perform the obligations specified in the legal documents according to the notice of execution, he shall report the property situation at present and one year before the date of receiving the notice of execution. Refusing to report or making a false report, the people's court may impose a fine or detention according to the seriousness of the case.
2. Freeze bank accounts, deposits, income and pensions.
According to Article 32 of the Implementation Regulations, if the person subjected to execution fails to perform the obligations specified in the legal documents, the people's court may inquire, freeze and transfer the deposits of the person subjected to execution in banks (including their branches, business offices and savings offices), non-bank financial institutions and other units with savings business.
According to Article 242nd of the Civil Procedure Law, if the person subjected to execution fails to perform the obligations specified in the legal documents according to the notice of execution, the people's court has the right to inquire about the deposits, bonds, stocks, fund shares and other properties of the person subjected to execution. The people's court has the right to seal up, freeze, transfer or change the property of the person subjected to execution according to different circumstances. The property inquired, sealed up, frozen, transferred or changed in price by the people's court shall not exceed the scope of obligations that the person subjected to execution shall perform. When the people's court decides to seal up, freeze, transfer or change the price of property, it shall make a ruling and issue a notice of assistance in execution, which the relevant units must handle.
The Supreme People's Court's reply to the Zhejiang Higher People's Court (20 14) on whether the social security agency can be asked to assist in freezing and deducting the pension of the executed person: the pension due to the executed person should be regarded as the fixed income of the executed person at a third party and belongs to the scope of his responsible property. According to Article 243rd of the Civil Procedure Law of People's Republic of China (PRC), the people's court has the right to freeze it. However, before freezing or deducting, the necessary living expenses of the person subjected to execution and his dependents shall be reserved.
Three. Seal up the auction property (such as real estate).
According to Article 4 1 of the Implementation Regulations, movable property shall be stamped. If it is inconvenient to affix the seal, an announcement shall be posted. To seal up movable or immovable property with proof of property rights, a notice of assistance in execution shall be issued to the relevant administrative organ. Article 46 When the people's court changes the price of the property sealed up or detained by the person subjected to execution, it shall entrust an auction institution to auction it. Article 47 When auctioning or selling off the property of the person subjected to execution, the people's court shall entrust an asset appraisal institution established according to law to conduct price appraisal.
4. Seizure of movable property (such as vehicles)
The vehicle inspection and control function of the executed person will be put into operation before the end of March this year. The people's court can directly inquire about the vehicle registration information of the person subjected to execution through the Internet, and take online seizure measures to restrict the transfer, transfer and mortgage of the vehicle.
The public security organ will also seize the relevant vehicles at the duty station according to the information of the people's court's untrustworthy executor.
Article 244 of the Civil Procedure Law: If the person subjected to execution fails to perform the obligations specified in the legal documents according to the notice of execution, the people's court has the right to seal up, detain, freeze, auction or sell off the property that the person subjected to execution should perform. However, the necessities of life of the person subjected to execution and his dependents shall be retained.
Five, prohibit the transfer of intellectual property rights, and freeze the corresponding equity, securities and other accounts.
According to Article 50 of the Implementation Regulations, if the person subjected to execution fails to perform the obligations specified in the effective legal documents, the people's court has the right to rule that the person subjected to execution is prohibited from transferring his patent right, the exclusive right to use a registered trademark, copyright (property right part) and other intellectual property rights. Article 5 1: the people's court has the power to rule that the person subjected to execution is prohibited from drawing dividends or bonuses due to the relevant enterprises, and the relevant enterprises shall pay them to the person subjected to execution, and require the relevant enterprises to pay them directly to the applicant for execution. Article 52 The people's court may seize the shares (shares) of other joint stock limited companies held by the person subjected to execution, and force the person subjected to execution to transfer them in accordance with the relevant provisions of the Company Law, or directly auction or sell them off, or directly compensate the creditors for the shares to pay off the debts of the person subjected to execution. Article 53 The people's court may take measures to freeze the investment right or equity of the person subjected to execution in a limited liability company or other legal person enterprise.
Step 6 Issue a search warrant
According to Article 248 of the Civil Procedure Law, if the person subjected to execution fails to perform the obligations specified in legal documents and conceals property, the people's court has the right to issue a search warrant to search the person subjected to execution and his residence or property.
Seven, forced out of the house or forced out of land.
According to the provisions of Article 250 of the Civil Procedure Law, the president shall issue an announcement and order the person subjected to execution to perform within a time limit. If it fails to perform within the time limit, it shall be enforced by the person subjected to execution. The property forcibly removed from the house shall be sent to the designated place by the people's court and handed over to the person subjected to execution.
Viii. Compulsory investigation and inquiry
According to Article 484 of the Judicial Interpretation of the Civil Procedure Law, if the person subjected to execution, his legal representative, responsible person or actual controller who should be investigated and questioned refuses to be present without justifiable reasons after being summoned according to law, the people's court may force him to be present. The people's court shall promptly investigate and question the detained person, and the time for investigation and inquiry shall not exceed eight hours. If the situation is complicated and detention measures can be taken according to law, the time for investigation and inquiry shall not exceed twenty-four hours.
9. Enforce the creditor's rights due to the third party according to the application.
According to Article 6 1 of the Enforcement Regulations, if the person subjected to execution is unable to pay off the debt, but enjoys the creditor's rights to a third party outside the case, the people's court may issue a notice to the third party to fulfill the due debt upon the application of the executor or the person subjected to execution. The notice of performance must be delivered directly to the third party.
According to Article 50 1 of the Judicial Interpretation of the Civil Procedure Law, when enforcing the creditor's rights due to others, the people's court may order to freeze the creditor's rights and notify others to perform them to the applicant.
Perform for the sake of performance
According to Article 503 of the Judicial Interpretation of the Civil Procedure Law, if the person subjected to execution fails to perform the behavioral obligations specified in the effective legal documents, and the obligations can be performed by others, the people's court may choose that person to perform.
Xi。 An order on limiting high consumption
According to Article 3 of the Provisions of the Supreme People's Court Municipality on Restricting the High Consumption and Related Consumption of the Executed Person (Fa Shi [20 15] 17), if the executed person is a natural person, he shall not engage in the following high consumption and consumption behaviors that are not necessary for life and work after taking measures to restrict consumption:
(a) when taking the means of transportation, choose the second class or above of the plane, train soft sleeper and ship;
(two) high consumption in hotels, hotels, nightclubs, golf courses and other places above the star level;
(three) the purchase of real estate or new construction, expansion, high-grade decoration of housing;
(four) leasing high-grade office buildings, hotels, apartments and other places to work;
(5) Purchasing non-essential vehicles;
(6) tourism and vacation;
(seven) children attending private schools with high fees;
(8) Paying high premiums to purchase insurance wealth management products;
(9) Non-essential consumption behaviors such as taking all seats of G-prefix EMU trains and first-class and above seats of other EMU trains.
If the person subjected to execution is a unit, the person subjected to execution, its legal representative, principal responsible person, person directly responsible for debt performance and actual controller shall not carry out the acts specified in the preceding paragraph after taking measures to restrict consumption. Anyone who uses personal property for private consumption to commit the acts mentioned in the preceding paragraph may apply to the enforcement court for enforcement. If the examination by the enforcement court is true, it shall be allowed.
Twelve. Exit restriction
According to Article 23 of the Law on the Entry and Exit of Foreigners in People's Republic of China (PRC) and Article 8 of the Law on the Entry and Exit of Foreigners in People's Republic of China (PRC), if foreigners and China citizens have unresolved civil and commercial cases, the people's court may decide on measures to restrict them from leaving the mainland.
The online inquiry function of the identity of the executed person, entry and exit documents and other information will be put into operation before the end of March this year.
Thirteen. Publish the list of untrustworthy people to the media.
According to Article 1 of the Provisions of the Supreme People's Court Municipality on Publishing the Information of the List of Executed Persons with Dishonesty (Law Interpretation [2013]17), if the executed person has the ability to perform but fails to perform the obligations specified in the effective legal documents, and has any of the following circumstances, the people's court shall include him in the list of executed persons with dishonesty and impose credit punishment on him according to law:
(1) Obstructing or resisting execution by forging evidence, violence or threats;
(2) evading execution by means of false litigation, false arbitration or concealing or transferring property;
(3) Violating the property reporting system;
(4) Violating the order of restricting high consumption;
(five) the person subjected to execution refuses to perform the execution settlement agreement without justifiable reasons;
(six) other people who have the ability to perform and refuse to perform the obligations specified in the effective legal documents.
The Supreme Court has also issued the "Information Inquiry System for the List of People Executed by Dishonesty in National Courts" (website:/).
Fourteen, the establishment of a "peer-to-peer" network to implement the control system and sesame credit punishment.
According to the Provisions of the Supreme People's Court on Internet Inquiry and Freezing the Deposits of the Executed Persons, the Opinions of the Banking Regulatory Commission of the Supreme People's Court and China on People's Courts and Banking Financial Institutions to Carry out Network Execution Inspection and Control and Credit Joint Punishment (Law [2014] No.266) and the Code for People's Courts and Banking Financial Institutions to Carry out Network Execution Inspection and Control (Law [201) 32 1), the people's court takes execution measures such as inquiring, freezing and deducting financial assets such as bank accounts, bank cards, deposits, etc. The people's court can connect with the financial institution of11through special lines or financial networks, and send data and electronic legal documents for control measures to the financial institution. The Supreme People's Court will establish a "total-to-total" network inspection and control mechanism with 2/kloc-0 national banking financial institutions, which has been officially opened for 3083 courts in more than 30 provinces. 20 15 the Supreme People's Court went one step further and signed a memorandum of cooperation with Sesame Credit to punish those who broke their promises.
Fifteen. judicial custody
According to the provisions of Article 111th of the Civil Procedure Law, the people's court may impose a fine or detain a litigant participant or any other person for any of the following acts according to the seriousness of the case; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(1) Forging or destroying important evidence, which hinders the people's court from hearing a case;
(2) using violence, threats or bribes to prevent witnesses from testifying or instigating, bribing or coercing others to commit perjury;
(3) Hiding, transferring, selling off or destroying the property that has been sealed up or detained, or transferring the property that has been counted and ordered to be kept;
(4) Insulting, slandering, framing, beating or retaliating against judicial personnel, participants in litigation, witnesses, translators, expert witnesses, inspectors and assisting executors;
(5) Obstructing judicial personnel from performing their duties by violence, threat or other means;
(6) Refusing to perform a legally effective judgment or ruling of the people's court.
The people's court may impose a fine or detention on a unit that commits one of the acts listed in the preceding paragraph; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 115 The amount of a fine imposed on an individual shall not exceed RMB 100,000. The amount of fines imposed on the unit is more than 50,000 yuan1000,000 yuan. The period of detention shall not exceed fifteen days. Detainees are handed over by the people's courts to the public security organs for custody. During the period of detention, if the detainee admits and corrects his mistake, the people's court may decide to terminate the detention in advance.
Sixteen, apply to participate in the distribution
According to Article 508 of the Judicial Interpretation of the Civil Procedure Law, the person subjected to execution is a citizen or other organization. After the execution procedure begins, if other creditors of the person subjected to execution find that the property of the person subjected to execution cannot be used for all the creditor's rights, they may apply to the people's court to participate in the distribution.
Seventeen, shall be investigated for refusing to execute the judgment or ruling.
According to Article 313 of the Criminal Law, if a people's court refuses to execute a judgment or ruling that it is capable of executing, if the circumstances are serious, it shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. Article 39 of the Criminal Law Amendment (IX) is amended as: "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."
According to Article 2 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Refusing to Execute Judgments and Ruling Criminal Cases (Fa Shi ZiNo. 15), if a person who has the obligation to execute has the ability to execute one of the following acts, it shall be deemed as "other circumstances that have the ability to execute but refuse to execute, and the circumstances are serious" as stipulated in Article 313 of the Interpretation of Criminal Law of the NPC Standing Committee:
(1) Refusing to report or falsely report property, violating the people's court's order to restrict high consumption and related consumption, and refusing to implement it after taking compulsory measures such as fines and detention;
(2) Forging or destroying important evidence about the performance ability of the person subjected to execution, preventing others from testifying or instigating, buying or coercing others to commit perjury by means of violence, threat or bribery, and preventing the people's court from finding out the property of the person subjected to execution, so that the judgment or ruling cannot be executed;
(3) refusing to deliver the property and tickets determined by legal documents, or refusing to move out of the house or land, which makes the judgment or ruling unenforceable;
(four) collusion with others, through false litigation, false arbitration, false reconciliation and other means to hinder the execution, resulting in the judgment or ruling can not be executed;
(5) Obstructing the execution personnel from entering the execution site by violence or threat, or gathering people to make trouble or impact the execution site, so that the execution work cannot be carried out;
(6) Insulting, besieging, detaining or beating the enforcement personnel, which makes execution impossible;
(7) Damaging or robbing the data of execution cases, execution vehicles and other execution equipment, clothes of execution personnel, and official certificates, which makes execution impossible;
(8) Refusing to execute the judgment or ruling of the court, thus causing heavy losses to creditors.
Article 3 If the application executor has evidence to prove that he has the following circumstances at the same time, and the people's court considers that it meets the provisions of the third paragraph of Article 204 of the Criminal Procedure Law, it shall initiate a private prosecution and file a case for trial:
(a) the person who has the obligation to execute refuses to execute the judgment or ruling, which infringes upon the personal and property rights of the person applying for execution, and shall be investigated for criminal responsibility according to law;
(2) The applicant for execution has filed a complaint, but the public security organ or the people's procuratorate does not pursue the criminal responsibility of the person who has the obligation to execute.
How to make people who owe money pay back as soon as possible has formed a bad social atmosphere, and the court can't recruit Lao Lai.
For those who can't collect the arrears, the first and most important thing is to keep the loan voucher at that time.
According to Article 63 of the Civil Procedure Law of People's Republic of China (PRC), the evidence includes 1. Statements of the parties. Documentary evidence 3. Physical evidence 4. Audio-visual materials. Electronic data 6. The witness's testimony. Appraisal opinion 8. Interrogation record. Evidence must be verified before it can be used as a basis for ascertaining facts.
At the same time, private communication is also necessary. Communication is an essential step. Besides the debtor, you can also try to communicate with the debtor's relatives. The debtor may pay back the money because of face. In addition, seek professional legal advice and help. If the dispute over creditor's rights and debts can't be settled well, we should find professionals in time and safeguard our legitimate rights and interests through legal channels. Understanding debt settlement mode from multiple angles. When arrears become dormant accounts, creditors should learn to be flexible. Instead of being annoyed that you can't get the debt, it is better to fully understand the new debt settlement modes such as creditor's rights transfer and creditor's rights replacement, so as to get rid of your bad debts as soon as possible.
People who owe money and don't pay it back probably have these kinds of situations.
First, he really can't get the money for the time being, but he is a more honest and trustworthy person. Generally, this kind of person will take the initiative to find the person who lent him money before the maturity, and sincerely explain what caused him to have no money at hand (for example, the money owed to him by others has not been paid back before, or something happened at home, the money was used more than he planned, or other unexpected things happened). If so, the person who lent him money needs to give some time as long as he has money in the future. Such a person should be trustworthy.
2. People who make false accounts. This kind of person has bad conduct. As long as he can borrow money, he will definitely borrow it, and he never thinks about whether he can pay it back later. Once the money (no matter where it comes from, as long as it is money) reaches him, he will squander it, eat, drink and gamble, just to enjoy a moment of happiness, and never feel bad about how other people's money is earned so hard. Never lend money to this inhuman beast. In case he borrows it, he wants to break the contract. If he has a job and a family business, he'd better sue him in court and let the court enforce his property. This kind of person is actually a liar, doing deceptive activities in the name of borrowing money, and there is no way to be polite to this inhuman guy.
You should owe 10 thousand, and you should be sentenced to one year to pay your debts immediately.
You must have a good attitude first. If you don't give it, you will start with your friends and colleagues. As long as you pay back the money, you can't expect any friendship. I really can't find my family. I have met friends who ask for money. Because of the work relationship, people who ask for money are everywhere in the circle of friends and groups. Everyone knows the news, colleagues, peers, partners and so on. I wonder if the last person has returned it.
Everyone has some close friends. They usually play together, just like brothers. It is normal for friends in trouble to find a way to solve it together. However, many good friends have conflicts because they don't pay back the money, which leads to nothing to do between friends, and even turn against each other and go to court. Ask a friend to pay back the money. Generally speaking, a close friend can directly say that you need money. If you are in trouble, I am embarrassed to say so. What can I do to make a friend pay back the money without hurting the feelings between friends? Let's talk about my opinion.
First, praise your friends. You are friends, and you know each other's life well. When a friend has any big consumption items, such as going out for a trip, you can call him or chat with WeChat afterwards to get to know his travel situation first, and then praise him for his good work recently. Such a big consumption tour can be affordable and make his friends feel very happy and proud. Then, if you say that many things are not going well recently and you are a little nervous financially, your friends will definitely feel a little bad.
Second, talk to your wife. When you contact a friend, ask him to do you a favor, take time to go to your house and explain to your wife that he borrowed 6000 yuan from you. Just say he didn't tell his wife when he lent money to his friend. Now that his wife has found out, she suspects that you are hiding something from her. You and your wife have quarreled over this matter. Be sure to let him come to your house and explain clearly. I'm sure you're embarrassed to say that. Go to your house and pay back the money quickly, because this is a family-related matter.
Third, borrow money directly from friends. A friend once borrowed money from you. Now, if you borrow money from him, you'd better borrow more and lend him twice as much money as he owes you. If he doesn't pay you back, you won't ask him for it, but you will ask him for money to see if he can borrow it? Generally speaking, a friend will lend you money, tell you what he owes you by the way, ask you to pay back the money, and deduct a part directly, and your purpose will be achieved.
It is really troublesome to borrow money between friends, but as long as they are sincere friends, they will usually be repaid under your reminder, unless your friends don't want to do it. Therefore, be careful when making friends and borrowing money. It's best to know which friends can lend him money and which friends can't. You have a score in your heart to prevent conflicts between friends because of repayment. In addition, friends who borrow money had better say a time to pay back the money and make an IOU. If they don't, they should pay back at that time.
The law stipulates that debtors who have hands, feet and good health will be sentenced if they don't pay back the money, ensuring that many debtors will pay back the money.
I've been worried about this for a long time. Today I finally thought of it! The network is so developed, just send the names and home addresses of people who owe money directly to major videos! Even if he can't see anyone who knows him, he will tell him that you have become a big star.
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