If Lao Lai doesn't pay back the money, he can solve it through litigation. If the other party fails to pay back the money, the creditor can bring a civil lawsuit to the court with his ID card and complaint. Prosecution must meet the following conditions:
(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case;
(2) Having a clear defendant;
(3) Having specific requests, facts and reasons;
(4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.
If the court decides the other party to pay back the money, but the other party still fails to pay back the money within the time limit stipulated in the judgment, the creditor may apply to the court that made the judgment for compulsory execution within two years from the expiration of the time limit for the performance of the court judgment.
There are several kinds of evidence to prove that there is a creditor-debtor relationship between the two parties:
1. Loan contract, receipt, repayment plan, repayment commitment letter and other creditor's rights certificates;
2. Lending vouchers such as bank transfer records, WeChat transfer and Alipay transfer;
3. If there is no documentary evidence such as a loan contract, other evidence such as the time, place and amount of the creditor-debtor relationship shall be provided, and irrelevant witness testimony or evidence clues shall be provided.
4. If there is a guarantor, it shall provide evidence to prove the existence of the guarantee facts, such as the guarantee contract.
5. If there is a mortgage, provide a mortgage contract; Mortgage registration procedures and related rights certificates.
Pay attention to the limitation of action when suing for loan recovery.
(a) the statute of limitations for private loans with regular repayment is three years from the date of the expiration of the repayment period, and the right to request protection from the people's court is lost after the expiration.
(2) For private lending with regular repayment, if the debtor fails to perform the debt after the expiration of the agreed period and issues a debt bill without repayment date, it shall be deemed as the interruption of the limitation of action, and the limitation of action shall be recalculated from the day after receiving the debt bill.
(3) Non-regular repayment of private loans, that is, private loans with no repayment date, is not limited by the statute of limitations, but is limited by the maximum protection period of 20 years.
(4) For irregular private lending, if the borrower explicitly refuses to repay, it shall provide evidence to prove that it has explicitly refused to repay, and the statute of limitations period of three years shall apply from the date when the borrower explicitly refuses to repay.
(5) For private lending that exceeds the limitation of action, if both parties reach a repayment agreement on the original debt, or the borrower signs the dunning notice, it will be regarded as a reaffirmation of the original debt, and the relationship between creditor's rights and debts is protected by law.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 1 19 of the Civil Procedure Law.
The prosecution must meet the following conditions: (1) the plaintiff is a citizen, legal person and other organization that has a direct interest in the case; (2) Having a clear defendant; (3) Having specific requests, facts and reasons; (4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.