Such things are still rare in my life. I didn't know it was Lao Lai, but I just wanted to help them. But the nature of human nature makes me have no friends now. I just won't keep calling and not answering. I didn't know it was Lao Lai until now. I'm going to tell you something about Lao Lai now, hoping it will be beneficial to you.
What is "Lao Lai"?
There is a saying circulating now that "it is the uncle who owes money!" When you borrow money, you are a grandson, and when you pay back money, you are a grandfather. This is what we commonly call "Lao Lai". "Lao Lai" generally refers to a debtor who has the ability to repay his debts but refuses to repay them. In the legal sense, "Lao Lai", that is, a faithless person, refers to a person who has the ability to perform but fails to perform the obligations stipulated in the effective legal documents. Or refuse to perform the obligations specified in the effective legal documents that have the ability to perform.
How to deal with the debt?
What should we do in the face of the problem of "Lao Lai"? In fact, I think that there are "old lai" who can't repay their debts, and almost everyone will have the opportunity to meet them. However, everyone's situation is different. Some "old lai" may owe very little money, and we may ignore it and then ignore it. Some people think it's worthless after all, but it's not worth it if we go after it. But in some cases, if Lao Lai owes us a lot of money, or the money is very important to us, we will face an important problem-how to recover the debt from Lao Lai? Because Lao Lai is Lao Lai after all, there is nothing to talk about. Let's talk about how to deal with these "old lai".
First, apply to the court to include "Lao Lai" in the list of people who have lost their trust.
Apply to the court to include "Lao Lai" in the list of people who have lost their trust, impose credit punishment on them according to law, and announce it to the public. According to China's "Several Provisions of the Supreme People's Court on the Information of the List of Executed Persons with Bad Faith", the specific provisions are as follows:
Article 1 If the person subjected to execution fails to fulfill the obligations specified in the effective legal documents, and under any of the following circumstances, the people's court shall include him in the list of people subjected to execution for breach of trust, and impose credit punishment on him according to law:
Have the ability to perform and refuse to perform the obligations specified in the effective legal documents; Obstructing or resisting execution by forging evidence, violence or threats; False litigation, false arbitration or concealing or transferring property to evade execution; Violating the property reporting system; Violating the consumption restriction order; Refusing to perform the settlement agreement without justifiable reasons. The consequences of "Lao Lai" being included in the list of people who have lost their trust;
When taking transportation, choose the second-class cabin or above of the plane, train soft berth and ship; High consumption in hotels, hotels, nightclubs, golf courses and other places above the star level; Purchase real estate or build, expand or decorate high-grade houses; Rent high-end office buildings, hotels, apartments and other places to work; Purchase non-operating vehicles; Travel, vacation; Private schools with high fees for children; Pay high premiums to buy insurance wealth management products; Take all seats on G-prefix EMU trains, first-class and above seats on other EMU trains and other consumption behaviors that are not necessary for life and work. Second, apply for a payment order
Lao Lai, who owes money, can sue the other party in court and apply for a payment order. Then what is a payment order?
Payment order is a legal document issued by the people's court to "Lao Lai" for repayment within a time limit according to the supervision procedure stipulated in the Civil Procedure Law and our application. For Lao Lai who refuses to pay his debts, we can directly apply to the grassroots people's court with jurisdiction to issue a payment order to inform Lao Lai to pay his debts. "If Lao Lai does not raise any objection or perform the payment order within fifteen days from the date of receiving the payment order, we can directly apply to the court for enforcement.
To apply for a payment order, the following conditions must be met:
1, requesting "Lao Lai" to pay money or securities;
2. The requested payment or negotiable securities have expired, the amount has been determined, and the facts and evidence on which the request is based have been stated. (So if you want to lend money to people, you must leave the information of the loan and evidence to protect your legitimate rights and interests, in case you really meet Lao Lai. );
3. We have no other debt disputes with Lao Lai;
4. The payment slip can be given to Lao Lai.
When we file an application, the court will inform us whether to accept it or not within five days. After accepting the application, the court, after reviewing the facts and evidence provided by our company, finds that the relationship between creditor's rights and debts is clear and legal, and shall issue a payment order to Lao Lai within 15 days from the date of acceptance; If the application is not established, the application shall be rejected by an order, and no appeal shall be filed against the order. It is relatively quick and convenient to apply for a payment order without going through court proceedings.
Remarks: Learn about the latest laws and regulations from relevant local departments.
Third, other ways to deal with "Lao Lai"
The above two points are handled by legal organs. Of course, in real life, not everyone will take Lao Lai to court. There are still many people. I hope to solve Lao Lai's debt problem privately as much as possible.
We can also try these methods. Solutions are based on the premise of not breaking the law:
1. If you can't collect debts from Lao Lai, you can bypass the policy and announce the scandal of Lao Lai's debts to his interpersonal circle;
2. If the debt collector has a good job or a good way to start a business, he can introduce it to Lao Lai, so that Lao Lai can rely on labor to pay off debts;
3. Seek help from professional debt collection companies and let professional people handle professional affairs.
Write it at the end of the sentence
To sum up, I am a person who has been hurt by Lao Lai. If you really meet Lao Lai, I believe that many people will explode their mentality if they don't pay back the money owed by Lao Lai, and their mentality will be easily agitated and depressed, and they will even be unable to think rationally. Stay optimistic at this time, otherwise it is easy to have disputes with Lao Lai, and the loss outweighs the gain. Try to keep a positive attitude and mood when fighting with the old lai people. Being upset and depressed can't solve the problem. In the face of "Lao Lai", maintaining a good attitude will help us communicate with "Lao Lai" in a benign way. On the one hand, we understand their difficulties in not paying back their debts. On the other hand, we should let "Lao Lai" know our difficulties, explain our purpose rationally, and let those "Lao Lai" who deliberately find opportunities to delay pay off their debts immediately. We should also protect ourselves, nip in the bud, do a good job of investigation before borrowing money, ask more about this person, leave necessary IOUs, and clearly write down important information such as the loan amount and repayment date. If we really encounter "Lao Lai", the information in our hands is important evidence to protect us.