(1) Open positions directly at maturity.
If a friend doesn't pay back the debt due, he may be unable to pay it back, he may have forgotten it, or even didn't intend to pay it back at all, but in either case, as long as he forgets to pay it back, he can make it clear to his friend with an iou. Whatever the outcome, we should negotiate first. If the negotiation fails, we should adopt other methods.
(B) seize the face-to-face opportunity
This method depends on the opportunity of exercise, for example, when everyone is together and you just need money, you'd better ask the borrower when you have friends around you. People nowadays are generally embarrassed. In this case, when he can change, it is usually a better time.
(3) Reverse borrowing
In fact, this method is to deal with a man as he deals with you. When a friend refuses to pay back the money, he can tell the other party that it is urgent to borrow money, and it is naturally best that the amount borrowed can be almost the same as that borrowed by himself. If the other person remembers that he still owes you money, it's easier to do it automatically, but if the other person lends it to you instead of paying back the money, then you can mention lending him money and then get the money.
(4) If it is still impossible to get back the loan through the above methods, it can be regarded as a loan dispute, and the parties can ask for the debt through the following methods.
There are many ways to solve loan disputes, such as negotiation, mediation, arbitration and litigation. As long as it is used in time and properly, it will get twice the result with half the effort. However, because some creditors often procrastinate too long in the negotiation stage in order not to harm peace, they miss many opportunities to recover their loans.
Applying for a payment order is one of the effective ways to recover the loan. According to the provisions of China's Civil Procedure Law, if a creditor requests the debtor to pay money or securities, he may apply to the grassroots people's court with jurisdiction for a payment order: there is no other debt dispute between the creditor and the debtor; A payment order can be served on the debtor. If the debtor fails to pay off the debt within fifteen days after receiving the payment order from the people's court, or fails to raise a written objection to the people's court, the creditor may apply to the people's court for enforcement. It can be seen that the biggest advantage of applying to the people's court for a payment order to recover the loan is that the time is short and the effect is quick. Of course, if the debtor raises a written objection to the people's court within the statutory time, it must be handled through litigation.
Second, if you borrow money, you can also collect debts through litigation.
If the debtor is unable to pay off the debt, the creditor may bring a lawsuit to the court to force the debtor to pay off the debt in a legal way. Under normal circumstances, creditors cannot directly exercise compulsory rights, including the act of sealing up property. But this is not absolute. If permitted by law, the creditor may seize the debtor's property. Creditors are allowed to seize property under the following two circumstances:
1. If one party takes possession of the other party's property according to the contract, and the other party fails to pay the payable amount according to the contract within the agreed time limit, the possessor has the right to seize the debtor's property.
2. When the debtor or a third party provides certain property to guarantee the debtor's performance of the debt, when the debtor fails to perform the debt, the creditor may seize the collateral and give priority to the realization of his creditor's rights with the value of the collateral. For example, if Party A borrows 1000 yuan as collateral, and fails to repay it at maturity, the creditor may detain the cattle and urge Party A to pay off the debt, or sell the cattle according to law to realize the rights, or discount the cattle for himself, and the balance can be returned. This is the mortgage in civil law.
3. If the borrower fails to repay the loan after the judgment of the court, it may apply for compulsory execution.
After the judgment of the people's court, if the borrower still fails to repay the loan, he may apply to the court for compulsory execution, and the court may take the following compulsory measures to enforce it according to law, or even punish the behavior of refusing to execute the judgment of the court:
1. has the right to freeze and transfer the deposit of the person subjected to execution.
2. Have the right to seal up, detain, freeze, auction or sell off the property that the person subjected to execution should perform his obligations.
3. Where property is concealed, the people's court has the right to issue a search warrant to search the person subjected to execution and his residence or property hiding place.
4. Forcing the person subjected to execution to double the interest on the debt or the price for delayed performance.
5. If the creditor finds that the person subjected to execution has other property, he may also request the people's court for compulsory execution at any time.
6. If the respondent refuses to perform the effective judgment or ruling, the people's court may impose a fine or detention according to the seriousness of the case.
7. If the respondent refuses to perform the effective judgment or ruling that constitutes a crime, he shall be investigated for criminal responsibility according to law, which is called "the crime of refusing to execute the court judgment or ruling".