Lending money to a friend without asking him to write an IOU, as a result, he cheated and refused to pay back the money. What should I do?

The solution to the problem of "Lao Lai" is: First, individual coordination. If you can't hire a lawyer, then cooperate with a lawyer.

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First of all, it should be clear that litigation should be a secondary choice for this kind of economic dispute between people, because it is far more cost-effective to achieve the goal through other legal channels without litigation.

So, what about "don't pay back the money?" The author suggests that the first step should be to communicate with people who owe money and don't pay it back, trying to find a breakthrough to solve contradictions and disputes, or trying to dig deeper contradictions behind this behavior of not paying back money. Legal recourse should be the last option. China people don't like lawsuits since ancient times, and they still do today. After all, if they are not bad people, "harmony is precious" is still very important.

If the other party can't make sense without food and oil, then we will take out legal weapons. To resort to legal channels, you need to hire a lawyer. If you want to hire a lawyer, in order to cooperate with the lawyer's work, you should know the following points in the process of doing things:

1. According to the law of our country, to sue a person, you must provide evidence to prove what you want to sue, which is professionally called "facts to be proved". In this case, the facts you need to prove to the judge are: first, the other party does owe you money; Second, the other party didn't pay you back; Third, your deposit of 5,000 yuan to the other party is still within the statute of limitations-the loan contract is three years (the so-called statute of limitations refers to a period of time that the court will be responsible for if you sue, and if you sue after this period, the other party raises an objection that it has exceeded the statute of limitations, and your claim will be rejected). Think about it, if these three facts are combined, is it a complete story, that is, he owes me money, but he doesn't pay it back, so I can sue him.

2. Generally speaking, in order to prove the above facts that need to be proved, the following evidence can be prepared:

First, to prove that "he owes me money", you can prepare the transfer voucher of Alipay. Alipay's transfer voucher can be obtained by contacting Alipay's customer service, which is equivalent to Alipay as a third party to help you prove that you did have money exchanges at some time in a certain year.

Second, the lawyer can directly raise the question of "he hasn't returned it" without providing evidence. If the other party denies that he has not paid back the money, he will prove to you when transferring 5000 yuan, which is used to pay off the debt. Here, we should pay attention to sorting out every debt transaction between ourselves and the other party at ordinary times, and determine how many times he has paid you back and when the money was paid back.

Third, on the question of "I can still sue him". In civil law, the limitation of a loan contract is three years. If the other party has been urged to pay back the money within the limitation period, or the other party has expressed its willingness to pay back the money, then the limitation period will be interrupted at this time and recalculated for three years. Then, if the money has been owed for more than three years, you should prepare evidence to prove that you have urged him during this period, or he has indicated that he wants to pay back the money, such as SMS records, WeChat records, telephone records, etc.

Finally, you can safely appear in court with your lawyer. If you win, the lawyer's fees and court costs are generally borne by the other party.

Finally, remember, don't go to some messy home debt collection companies. This kind of behavior is illegal, and you may have to bear legal risks. If you want to resort to formal channels in the future, you will suffer!

Thank you for asking, welcome to adopt!