How to complain if you owe money?

How can you complain if you don't owe money? As the saying goes, it is natural to pay back the money owed, but in Lao Lai's eyes, the money owed is not a matter of course. In life, once you meet an annoying old lai, how can you complain if you owe money? I hope I can help you!

How to complain if you owe money 1? Keep relevant evidence (such as the copy of the other party's ID card or ID number, contract, mail, short message, recording, remittance record, etc.). ) and tell him to pay back the money in time.

It depends on whether there is time to pay back the money on the IOU. If there is, it should be prosecuted within three years after the repayment time. If there is no prosecution, the three-year statute of limitations has passed. At the same time, it depends on whether you have any evidence to prove that the limitation period is suspended or interrupted.

The interest cannot exceed 4 times the interest of similar loans of the bank in the same period, and the interest higher than 4 times is invalid. If the other party is found to have property before prosecution

If someone owes money and doesn't pay it back, he can sue in the court where the other party's household registration is located or where he often lives.

1, put on record. Bring your ID card, debit note and complaint to the court for filing.

2. The court filing court will review your situation. If it meets the conditions for prosecution, it will file a case and issue a notice of filing to inform you of your litigation rights and obligations.

3. After filing the case, the case will be handed over to the specific case-handling judge, and the judge will issue a notice of defense and a notice of rights and obligations to the other party.

4. To hear the case and make a judgment.

5. If the other party fails to perform its obligations in accordance with the judgment or ruling, it may apply to the court for compulsory execution. Compulsory measures include: seizure of frozen property, auction of property, restriction of high consumption, detention, etc. Even if you have no money now, you can always apply for enforcement once you have money in the future.

legal ground

Article 108 of the Civil Procedure Law: Prosecution must meet the following conditions:

(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case.

(2) Having a clear defendant.

(3) Having specific requests, facts and reasons.

(4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.

How can you complain if you don't owe money? If you don't pay back the money you owe, is it useful to go to court to sue?

1, less controversial cases can be represented by lawyers.

There are indeed some cases that can be won without a lawyer. However, not asking a lawyer to represent you does not mean that you don't need professional guidance from a lawyer. There used to be a magic weapon customer on the Internet. The other party owed him a sum of money and gave him an iou. The IOU is quite clear and comprehensive, with the exact name, ID number, date of arrears, signature and amount of the other party. And I thought that with such "hard evidence", I would definitely win without asking for a lawyer at all, and I succeeded at once, but the fact is just the opposite.

What is the reason?

Look at the obstacles he encountered and you will know the answer. The first obstacle is the issue of litigation jurisdiction. The place where he borrowed money was Shenzhen, and he also lived in Shenzhen for a long time, but the other party's household registration was from other places. Although he has lived in Shenzhen for a long time, he has been out of touch since he moved to a fixed place. people's court

According to the principle of litigation jurisdiction, the plaintiff does not accept the defendant. As a last resort, he had to sue at the other party's domicile, but at this time, because the statute of limitations had passed for three years, the other party still did not appear in court after being summoned by the court, and the people's court decided to dismiss his lawsuit on the grounds that it exceeded the statute of limitations.

If he had consulted a lawyer earlier, these things would not have happened. Although some cases are not serious in essence, they must be treated with caution in procedure, because the parties are not legal experts and have no idea of these problems at all, which is caused by their lack of relevant professional knowledge. Therefore, even if some cases are not complicated, it is essential to conduct litigation under the guidance of professional lawyers.

2, the vast majority of cases without legal representation will definitely suffer.

Even seemingly simple arrears disputes, with IOUs or IOUs, often have a lot of troubles to solve. For example, the debtor's identity information (date of birth, domicile, address, contact telephone number) is unclear, the litigation jurisdiction, the limitation of litigation, the vague meaning of the loan (debit note, debit note), the borrower's pen name, previous name or pseudonym, civil arrears, etc.

And criminal fraud, whether it's suing borrowers or couples, property preservation or enforcement.

Assess the problem in advance.

Most of the above problems cannot be solved and handled by the parties themselves. The seemingly simple and easy arrears dispute is still the case, and other legal disputes with more complicated legal relations will make the parties more at a loss. It is an eternal truth that there is no class in teaching, there is specialization in technical fields, and professional people do professional things. The whole vast world.

There are 360 lines, each line has a doorway, and people's knowledge and knowledge are limited, so there can be no "all-round" people. Therefore, if the parties want to settle the lawsuit on their own, they will definitely suffer big losses.

3. Lawyers represent cases.

Lawyers can generally play the following roles in the process of case representation: comprehensively and systematically grasp the context of the case, design a rigorous, operable and forward-looking litigation plan, investigate and collect relevant favorable evidence, draft and modify relevant legal documents on their behalf, rationally use litigation skills in the trial process, put forward rebuttal opinions against the evidence and reasons of both parties to the dispute, improvise, find and collect relevant laws and regulations, and issue detailed, reasonable, well-founded and powerful agency opinions.

How to complain if you owe money? 3 What if Lao Lai doesn't pay back the money?

Specific practices are as follows:

1. Bring a lawsuit to the local people's court, apply to the court to confirm the relationship between creditor's rights and debts, and obtain a legally binding document. It should be noted here that a lawsuit must be brought to the court within the limitation of action. Once the statute of limitations has passed, the court will not accept it.

2. After the legal documents issued by the court come into effect, apply to the court for compulsory execution. At the same time, it is necessary to provide the court with the debtor's information and property details as much as possible, so as to facilitate the execution personnel to complete the execution work quickly and effectively.

3. If the debtor really has no property available for execution and is unable to perform his debts, he may apply to the court for suspension of execution, and then apply for continued execution after the debtor has the repayment ability.

In addition, for those who have no property to enforce and whose whereabouts are unknown, the court will take the following measures to avoid compensation:

1, the court will be included in the list of people who have lost their trust, and will be announced to the public through newspapers, television, internet and other media;

The court can auction the house by force. If the house is the only residence of the debt, the rent can be reserved for 5 to 8 years according to local standards, and the house can be used as the property to be executed.

3. The funds in the account paid by the person subjected to execution by various mobile phones can be executed by the court.

4. The debtor's bank account funds or income can be forcibly deducted, and it can be inquired and frozen.

5. Combined with Sesame Credit, comprehensively restrain the untrustworthy through the network, such as restricting their consumption, loan, financing, ticket purchase, hotel reservation and a series of consumption behaviors on various network platforms.