This lawyer needs to entrust a lawyer, but the cost is high.
Generally, as long as the borrower can find this kind of private lending, it can be solved through litigation.
1. Preparation for court:
Bring a lawsuit to the court with jurisdiction at the defendant's domicile.
Before litigation, it is suggested to go to the provincial online litigation platform first, and the materials that need to be prepared can also be through online litigation. (I'll take Henan court litigation service network as an example, but the materials needed for prosecution are the same in the Supreme Court and the Ministry of Justice. )
Specific online requirements: the electronic version of the complaint (which can be created on the litigation platform), the basic information of the plaintiff and the defendant, the electronic version of the evidence (the debit note, if it is QQ or WeChat, you need to keep the original chat record evidence), and the identity information of you and the other party (if you don't know the ID number of the other party, try to fill in the basic information of the other party, such as unit, date of birth, address, etc.). ). Finally, sign the electronic version of the court confirmation service.
After the online lawsuit is submitted, the court will inform you that it has been approved within one week, and let you go to the court to send the paper version of the above complaint, evidence, personal information and delivery confirmation to the court window.
Second, the court mediation stage:
Transfer to mediation. Of course, you can refuse this mediation according to your own situation. If the court informs both parties to attend the negotiation within 15 days, then the time for both parties to be willing to negotiate will not be too long. Under the supervision of the court, a legally binding repayment agreement and a civil conciliation statement are issued. This repayment agreement does not include the losses caused to the borrower by the causal relationship such as liquidated damages, and both parties sign it on the basis of equality and voluntariness. If the other party fails to return it within the agreed date, it can directly apply to the Executive Board for execution with the civil mediation document stamped with the official seal of the court, without court hearing.
The advantage is that it does not need a court decision and saves time. The disadvantage is that it is suitable for general loan relations and both parties are willing to mediate.
Third, the mediation in the court trial and sentencing stage failed;
If you are not satisfied with mediation, you can still refuse, sign and wait for it to be transferred to the business court.
If mediation fails, the commercial court will generally rank your cases within 7 days, confirm that the presiding judge will transfer to the civil court, call you to confirm, inform you of the court session time, and let you wait for the summons.
Generally, this kind of court session lasts for more than three months.
If after the first trial, the other party fails to show up or refuses to return it, it is also possible that the other party will appeal to the second trial within 15 days (the other party's appeal to the second trial is usually deliberately delayed), and the second trial will generally uphold the original judgment. At this time, after the time of the original judgment of the first instance, it usually takes one or two months for you to apply to the court executive board for enforcement with the court judgment, and the executive board will issue a consumption restriction order to the other party. Order the other party to declare the garage, bank deposits, valuables, wealth management securities insurance, etc. And freeze all the property in his name. The executive board will confiscate the other party's property and conduct judicial auction and judicial custody of the other party.
Finally, the court will return the money to you. In general civil litigation, it takes three to nine months from the time you file a complaint to the time you pronounce a sentence. This time will be counted separately by the court. In the meantime, you don't have to worry. You can add liquidated damages and interest to the complaint according to the existing bank loan interest rate.
The following photos, I take Henan court litigation service network as an example.