1. What are the new rules for not paying back money?
1. The new rule of non-repayment is: under normal circumstances, if the person subjected to execution fails to perform his legal obligations on time, then the people's court can inquire about the property of the person subjected to execution. After the court makes an order to seal up, freeze, transfer or change the price of property, it will first issue a notice of assistance in execution. Then, the people's court shall seal up, freeze, transfer and change the price of the property of the person subjected to execution within the scope of the legal obligations that the person subjected to execution needs to perform.
2. Legal basis: Article 249 of the Civil Procedure Law of People's Republic of China (PRC), the court has the right to take compulsory measures. If the person subjected to execution fails to perform the obligations specified in the legal documents according to the notice of execution, the court has the right to inquire about the deposits, bonds, stocks, fund shares and other properties of the person subjected to execution. The people's court has the right to seal up, freeze, transfer or change the property of the person subjected to execution according to different circumstances. The property inquired, sealed up, frozen, transferred or changed in price by the people's court shall not exceed the scope of obligations that the person subjected to execution shall perform. When the people's court decides to seal up, freeze, transfer or change the price of property, it shall make a ruling and issue a notice of assistance in execution, which the relevant units must handle.
Second, how to collect evidence if you owe money?
1. Recording. You can make some tricks, such as carrying a tape recorder with you, and then recording the conversation with him as evidence in court.
2. Witnesses. It is used to prove that the agreement between your two partners in trading habits is a question of who will keep the payment. But remember, you can't get the support of your relatives and friends or people who are interested in you, because the other party can apply for these people to quit.
3. books. It's normal to keep accounts for buying and selling, and it's the basis of dividing money to have books to prove income.
4. Partnership agreement. Prove that you two enjoy the benefits and take the risks.
5. bill. A check for business settlement. It is clear who received it. Unless the other party can provide evidence to the contrary to prove that he did not accept it.
6. You can apply for pre-litigation property preservation first, seal up the other party's account, and prevent the other party from transferring assets.
Isn't it cost-effective to owe money to find a lawyer?
First, there is no need to hire a lawyer:
1, the amount owed is less than or equal to 30,000, so you don't need to hire a lawyer. What is considered here is lawyer's fees. Most lawyers' fees are based on a certain proportion of the basic fee of 5,000 yuan or 6,000 yuan, which may be different but generally not too much. If you spend so much money just to recover 20,000 to 30,000 yuan, it is unnecessary. I really don't know what to do with it. You can pay for consultation, which is only a few hundred dollars.
I have sued, but I can't enforce the property. There is no real estate under Lao Lai's name, and it is impossible to help you get real estate out of thin air, so don't spend money on a lawyer again.
If you are not prepared to pay, it is not recommended to hire a lawyer. Many friends who hire a lawyer for the first time will be shocked by the high legal fees. It is generally believed that the legal fees can be solved by just a few hundred dollars. But the fact is that the most basic agency fee is only a few thousand, so don't think about it if your economic strength is not enough.
Let's talk about the situation where you can hire a lawyer:
1, corresponding to the above. If the arrears are higher than 30,000-40,000, you can hire a lawyer.
2. If it is not convenient to bring a lawsuit in a different court, you can entrust a lawyer at the place of prosecution to act as a remote agent. Although it is said that it can be sued on behalf of the plaintiff, many courts still refuse to accept it. At this time, you need to hire a lawyer, especially if you are still abroad.
If you want to save time and cost, please ask. After all, no one has filed a lawsuit, and how to prepare some materials is at a loss. If you hire a lawyer, you can give it to a lawyer.
4. If you don't have Lao Lai's ID card information, you can entrust a lawyer to retrieve it (if you have his mobile phone number). However, you should also consider whether it is necessary, because lawyers may have to charge 2-3 thousand yuan to obtain ID information.