You can't claim your rights to the court before the debt expires. You can't freeze the other party's account unless you have proof that he transferred his property to avoid the debts that are about to expire. Otherwise, it is difficult for you to claim the unexpired creditor's rights now.
If the other party really won't repay the loan on time, you can make preparations now. If you don't want to sue in court and want to recover the 20 thousand yuan agreed in the agreement, you can apply to the court for a payment order. If the other party fails to fulfill the effective payment order, you can directly apply to the court to enforce your friend's property to repay his loan.
This is not the face of Shanghai. Hmm. How interesting
A payment order refers to a legal document that is applied by a creditor and issued after examination by a people's court to urge the debtor to perform his debts within a time limit. It is the core of supervision procedure and the most important judicial means of special procedure in civil procedure law.
According to the provisions of Article 189 of the Civil Procedure Law of People's Republic of China (PRC) and the Interpretation of the Supreme People's Court on Several Issues Concerning the Implementation of the Civil Procedure Law, the application for payment order must meet the following conditions: 1) The money requested for payment must be money or bills of exchange, promissory notes, checks and securities such as stocks, bonds, treasury bills and negotiable deposits in banks. If the creditor's request is not a request for a payment order, but a confirmation or change of legal relationship, it has no right to apply for a payment order. (2) The currency or securities required to be paid must have expired or become invalid, and the amount must be determined. (3) The debtor has the obligation to pay, and there is no other debt dispute between the creditor and the debtor, that is, there is no other debt dispute between the creditor and the debtor except the creditor-debtor relationship with money and securities as the payment target. (4) Payment orders can be served on the debtor. If the debtor does not live in China or his whereabouts are unknown, the creditor cannot apply for a payment order. (5) It must be submitted to the people's court with jurisdiction, that is, the application can only be submitted to the grassroots people's court where the debtor is located. (6) A written application must be submitted. The application shall contain the following contents: the basic information of creditors and debtors; The amount of money or securities requested and the facts and evidence on which it is based, especially the creditor's rights certificate that can prove the existence of the requested creditor's rights; The purpose of the application is to show the willingness to ask the court to issue a payment order according to the supervision procedure. (7) The claimed creditor's rights shall not exceed the two-year limitation period protected by law. Upon examination, if the above conditions are met, the people's court shall accept the creditor's application for payment order. After acceptance, if the relationship between creditor's rights and debts is obviously legal after further examination, a payment order shall be issued to the debtor within 15 days from the date of acceptance. If the debtor, the respondent, fails to raise a written objection and fulfill the payment order within 15 days after receiving the payment, the creditor, the respondent, may apply to the court for compulsory execution of the respondent. After the people's court issues a payment order, if the respondent cannot be found or the respondent raises a written objection to the payment order within 15 days, the payment order will automatically become invalid and the supervision procedure will end. However, after the payment order expires, the creditor shall not be prevented from exercising his litigation rights. In order to realize their creditor's rights, creditors can bring a lawsuit to the people's court to trigger the trial procedure. If the creditor does not sue, the court will not take the initiative to turn the supervision procedure into a trial procedure.
According to the above provisions, you can apply to the grass-roots court where the other party is located for a payment order after the creditor's right expires on August 8, 20 12, and ask the court to urge your friend to perform the debt. Because there is no other dispute between you, and the creditor's right has expired, it is a debt for money, and there is no two-year limitation, so the payment order can be served on your friend. If your friend's whereabouts are unknown, the payment order of the supervision procedure is not applicable. If your friend does not raise a conditional objection within 15 days after receiving the payment order issued by the court, the payment order will take effect. If Li fails to perform the payment order, he can apply to the court that issued the payment order for enforcement. Of course, it is more cost-effective and faster to apply for a payment order than to sue. So you can apply to the court for a payment order and collect debts from your friends.
====================================================
The legal basis for the application of the payment order: Article 22, Articles 189 to 192 of the Civil Procedure Law of People's Republic of China (PRC) (hereinafter referred to as the Civil Procedure Law), and Opinions of the Supreme People's Court on Several Issues Concerning the Application of the Civil Procedure Law of People's Republic of China (PRC) (hereinafter referred to as the Opinions), Article 132. Articles 1 to 1 1 in the Provisions of the Supreme People's Court on Several Issues Concerning Supervision Procedures (hereinafter referred to as the Provisions) and the relevant laws and judicial interpretations of the Supreme People's Court are the legal basis of the payment order.
================================
There is also a problem. If the other party raises an objection, it still needs to go through judicial procedures.
Because Article 22 1 of the Opinions stipulates: According to Article 192 of the Civil Procedure Law, if the debtor raises a written objection within the statutory time limit, the people's court does not need to examine whether the objection is established, but should directly decide to terminate the supervision procedure.