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What if the person who owes money doesn't answer the phone or return the message?

Legal analysis

People who owe money can collect and sort out information without answering the phone or returning the information, and sue in court to ask the other party to pay back the money.

According to the law of our country, if the debt cannot be repaid, the creditor has the right to bring a lawsuit to the people's court where the defendant is domiciled, demanding that the defendant repay the debt. It is suggested to actively prosecute, and the limitation of action for debt disputes is three years. If the repayment period is agreed, the limitation of action shall be three years from the date of the expiration of the repayment period; If there is no agreed repayment period, the other party shall be given a grace period, and the limitation of action shall be two years from the date of expiration of the grace period. After the expiration of two years, the right to win the lawsuit will be lost (that is, the creditor's rights are not protected by law). You can bring a lawsuit to the people's court of the defendant's domicile, and prepare a complaint and evidence materials (IOUs, etc.). ) to support the claim. After the case is put on file, the people's court will set the date of the court session and hold a hearing. Reconciliation and mediation can be reached through mediation by the people's court. If it fails, the people's court will make a judgment according to law. In trying civil cases, the people's courts shall apply ordinary procedures for six months and summary procedures for three months.

legal ground

People's Republic of China (PRC) Civil Code

Article 392 Where the secured creditor's right is secured by both things and other things, if the debtor fails to perform the due debt or the parties agree to realize the security right, the creditor shall realize the creditor's right in accordance with the agreement; If there is no agreement or the agreement is unclear, and the debtor provides the security of the property himself, the creditor shall give priority to the realization of the creditor's right with respect to the security of the property; Where a third party provides a property guarantee, the creditor may realize the creditor's right with respect to the property guarantee, or may require the guarantor to assume the guarantee responsibility. The third party providing the guarantee shall have the right to recover from the debtor after assuming the guarantee responsibility.

Article 511 Where the contents of a contract are not clearly prescribed by the parties and cannot be determined in accordance with the provisions of the preceding article, the following provisions shall apply:

(a) the quality requirements are not clear, in accordance with the mandatory national standards; If there is no mandatory national standard, it shall be implemented in accordance with the recommended national standard; If there is no recommended national standard, it shall be implemented in accordance with industry standards; If there is no national standard or industry standard, it shall be implemented according to the usual standard or the specific standard that meets the purpose of the contract.

(2) If the price or remuneration is not clear, it shall be performed according to the market price at the place of performance when the contract is concluded; If government pricing or government-guided pricing should be implemented according to law, it shall be implemented in accordance with the provisions.

(3) Where the place of performance is unclear, if payment is made in currency, it shall be performed at the place where the party receiving the currency is located; Where real estate is delivered, it shall be performed at the place where the real estate is located; Other targets shall be performed at the place where the party performing the obligations is located.

(4) If the time limit for performance is not clear, the debtor may perform at any time, and the creditor may also request performance at any time, but the other party shall be given the necessary preparation time.

(5) If the method of performance is not clear, it shall be performed in a way conducive to the realization of the purpose of the contract.

(six) if the burden of performance expenses is not clear, it shall be borne by the party performing the obligation; The performance expenses increased due to the creditor's reasons shall be borne by the creditor.

Article 188 The limitation of action for requesting the people's court to protect civil rights shall be three years. Where there are other provisions in the law, those provisions shall prevail.