Lao lai owes money and doesn't pay it back. We are very upset when we meet such a person who doesn't pay back, but we are embarrassed to say it because of each other's feelings. Let's share some effective methods for you.
What should Lao Lai do if he owes money? Effective method 1? 1. If Lao Lai owes money, what is the most effective way?
? (a) through consultation.
Some debtors are not unwilling to pay back the money. If this is the case, they can solve it through consultation, fill in the arrears in time and urge them to repay as soon as possible. If it can be settled through consultation, it will be settled through consultation. After all, peace is the most important thing.
? (2) If negotiation fails, we can only take legal channels.
1. Bring a lawsuit to the debtor or the court of the place where the loan is made with a valid loan certificate. If the loan contract stipulates the jurisdiction of the court, a lawsuit may be brought in the agreed court.
2. Apply for property preservation. In order to prevent the debtor from transferring his property, he may apply for property preservation as soon as possible after filing the case. If you don't know if the other party has any property, you can apply to the court to inquire with the bank and the Housing Authority.
3. The stage of legal proceedings. This stage includes testimony, hearing, etc. The two sides will give evidence, cross-examine and debate in court, and the court will make a judgment or mediation according to the trial situation, and conduct mediation on the basis of mutual consent.
4. Apply for enforcement. This step is not necessary. If the mediation between the two parties in the previous stage has been completed, the legal proceedings will be over. If the other party fails to pay the arrears according to the judgment after making the judgment, it may apply for compulsory execution. Compulsory auction to preserve property and limit high consumption.
? (3) What should I pay attention to when borrowing money?
? 1. Voucher must be intact.
Lend money to others, no matter what the relationship is, write an IOU. If the amount is large, the two parties sign a loan contract, stipulating the repayment period, interest calculation and the consequences of default of the loan amount. Make an agreement in advance to avoid trouble in the future.
? 2. Remind the repayment before the repayment deadline comes.
If the repayment period is agreed, remind the debtor to repay before the repayment period comes, and it is best to leave written evidence, short messages or written things. If there is no agreed repayment period, you can cut off the time reminder.
? Second, Lao Lai doesn't pay back the money and has no property under his name. How to implement it?
When there is no property under Lao Lai's name, the creditor's right may apply to the court to investigate the debtor's property and whether there is any malicious transfer of property. If there is, you can exercise the right of cancellation or add the transferee as the person subject to execution.
People's Republic of China (PRC) Civil Code
Article 538 Where the creditor exercises the right of cancellation when disposing of the creditor's rights without compensation, and the debtor disposes of the property rights and interests without compensation by giving up the creditor's rights, giving up the guarantee of the creditor's rights, transferring the property without compensation, or maliciously extending the performance period of the due creditor's rights, which affects the realization of the creditor's rights, the creditor may request the people's court to cancel the debtor's behavior.
Article 539 The creditor exercises the right to cancel the transaction at an unreasonable price. If the debtor transfers property at an obviously unreasonable low price, accepts other people's property at an obviously unreasonable high price or provides guarantee for other people's debts, which affects the realization of the creditor's rights, and the debtor's counterpart knows or should know the situation, the creditor may request the people's court to revoke the debtor's behavior.
Provisions of the Supreme People's Court on Several Issues Concerning Alteration and Addition of Parties in Civil Execution
Article 3 If a natural person who is the executor of an application divorces, all or part of the rights specified in the effective legal documents are divided to the spouse, and the spouse applies for changing or adding him as the executor of the application, the people's court shall support it.
Article 9 The people's court shall support the application of the person subjected to execution to transfer the creditor's rights determined in the effective legal documents to a third party in accordance with the law, and recognize the third party's acquisition of the creditor's rights in writing, and the third party applies for alteration or addition as the application executor.
? 3. What influence does Lao Lai have on children?
Lao Lai was included in the list of people who have lost their trust by the court, and the court will take measures to restrict consumption. When limiting the high consumption of faithless people, private schools that do not allow Lao Lai's children to charge high fees will have a certain impact on Lao Lai's children. According to Article 3 of the Supreme Law "Several Provisions on Restricting the High Consumption and Related Consumption of the Executed Person", if the executed person is a natural person, after taking consumption restriction measures, he shall not have the following high consumption and unnecessary consumption behaviors:
(a) when taking the means of transportation, choose the second class or above of the plane, train soft sleeper and ship;
(two) high consumption in hotels, hotels, nightclubs, golf courses and other places above the star level;
(three) the purchase of real estate or new construction, expansion, high-grade decoration of housing;
(four) leasing high-grade office buildings, hotels, apartments and other places to work;
(5) Purchasing non-essential vehicles;
(6) tourism and vacation;
(seven) children attending private schools with high fees;
(8) Paying high premiums to purchase insurance wealth management products;
(9) Non-essential consumption behaviors such as taking all seats of G-prefix EMU trains and first-class and above seats of other EMU trains.
What should Lao Lai do if he owes money? Effective method 2. 1. What is the best way to collect debts?
1, die hard, Rowen. It works for many people.
If someone owes you money and doesn't pay it back, you can go to him every day or call him to pay it back. Wait until the day when he can't stand it, and you will succeed. Of course, this method is more effective for some thin-skinned people, but it is not effective for some thick-skinned people or people who are hard to find and often don't turn on their mobile phones.
2. Through legal means, through court prosecution, court judgment, court enforcement and other related legal means.
With the improvement of relevant laws and the punishment of Lao Lai by relevant departments. Lao Lai can exploit fewer and fewer loopholes in the law. There are also some preconditions through legal means: the debt problem is within the litigation period; The evidence of the debt relationship is clear and the court has sufficient evidence to support it.
3. Seek debt collection companies and social platforms. In life, we often owe money but don't know how to solve it. We can try to urge the whole world to raise money. As long as creditors upload their own claims, they will use collection tools to collect them after they pass the examination. Combined with the innovative model of "credit+technology", it is legal, compliant, civilized and efficient, and truly makes credit the driving force for debtors to take the initiative to repay.
? Second, what evidence is needed to file a debt lawsuit?
1. Provide written evidence such as IOUs, IOUs or loan contracts that can prove the relationship between creditor's rights and debts. If there is no documentary evidence, it shall provide the time, place and amount of the relationship between creditor's rights and debts, and provide irrelevant witness testimony or evidence clues.
2. If there is a guarantor, provide the name, gender, age, work unit and address of the guarantor; If the guarantor is a legal person, the name, legal representative and address of the legal person unit shall be provided. If there is a guarantee agreement, a written guarantee agreement or guarantee clause shall be provided.
3. If there is collateral, the name, quantity, price, storage place and the name of the custodian of the collateral shall be provided.
4. Provide evidence that the debtor fails to perform or fails to fully perform his obligations within the time limit and claims rights during the limitation of action.
5. Regarding the corresponding evidence with the defendant * * *, if the other party of Lev and the defendant are * * *, a certificate of marriage relationship shall be submitted; Evidence of shareholders' insufficient capital contribution, withdrawal of capital contribution, abuse of legal person's independent status, and shareholders' limited liability.
What should Lao Lai do if he owes money? Effective method 3. 1, personal debt collection
Personal debt collection is the first method that we think of and will definitely try, but it doesn't mean that it has actual effect, and trying doesn't mean that we can fully achieve the purpose of debt collection. The advantage of personal debt collection is that it can communicate directly with the debtor as a creditor, and it is effective when the relationship between the two parties is good and the debtor's willingness to repay is obvious.
However, this situation is rare. If the debtor is willing to repay, we don't need to take it back, and it won't become a concern of creditors. Personal debt collection skills and means are relatively weak, but it will be effective if the debtor has a go-through interpersonal relationship with himself.
? 2. Legal proceedings
Legal proceedings have the strongest enforcement effect on debt collection, and debtors can be made to perform their obligations through national legal organs, but more complicated procedures are also needed. First of all, it is necessary to have complete loan procedures and documents, so as to gain a firm foothold in court proceedings;
Secondly, the procedure of legal proceedings is very complicated. The long litigation and litigation results do not guarantee that the arrears will be recovered. At the same time, lawyers' legal fees are also a cost that cannot be ignored. In addition, the trial time makes everyone feel embarrassed, and it is impossible to maintain relations and continue cooperation in the future.
? 3. Professional debt collection companies
It is also a common method to entrust the leasing business to the leasing company through standardized procedures through a third-party professional leasing organization, and then communicate between debtors and creditors from the standpoint of the third party, and help creditors realize their rights and interests by using their own debt collection experience and professional means.