(1) It is a profession, more than 300,000. It should be considered a criminal case and the police should file a case. If the police do not file a case, you can go to the procuratorate to report your request for criminal liability. The procuratorate may require the police to explain the reasons for not filing a case. If the reason for not filing a case is not established, the procuratorate has the right to notify the public security to file the case, and the public security should file the case after receiving the notification.
(2) The Public Security Bureau said that only units and enterprises, regardless of individuals, are civil cases and have no legal basis.
2. But with an IOU, it is really a civil dispute and it is difficult to handle it as a criminal case. Unless there is evidence to prove that she wrote the IOU purely to prepare for escape, this will be very difficult.
3. If negotiation fails, the civil dispute can only be resolved through litigation: as long as your family knows her name, age, address, contact information and other basic identity information, she clearly belongs to the defendant, and the court should not The case was dismissed on the grounds that she did not appear in court. The court's statement that "we will find another person to file a case again" has no legal basis. Maybe it’s because we want to file the case by the end of next year.
4. "If you want to apply for pre-litigation property preservation now, you must file a lawsuit within 15 days. The question is what if you can't find the target within 15 days? Will the court refuse to file the case for this reason?":< /p>
(1) No one can be found within 15 days: anyone who knows her basic information can sue, and the court should accept it.
(2) If the court does not accept the case for this reason: appeal after obtaining the rejection ruling. If a written ruling of inadmissibility or case filing is not given, you can report it to the dean.
5. "So the repayment period on the loan, is it necessary for the court to open a case?":
(1) The repayment period agreed on the IOU has not yet arrived? Then, your family’s debt has not yet expired, so you cannot sue.
(2) Failure to repay the debt after the repayment period stipulated in the contract: If a lawsuit is filed and basic information about the other party is available, the court should file the case. If you don’t sue: Even if the loan is due, the court will not be able to file a case.
6. "I just read the "Repayment Commitment" again. It is printed rather than handwritten. It does not have my father's autograph, only the debtor's handprint and signature, and the other party only has a copy. The original is in our hands";
(1) Is it an IOU or just a promise to repay? If it is just a repayment commitment letter and does not indicate that it is a loan, it does not mean that it is a loan dispute. Misappropriation cases can still be reported to the police.
(2) If the repayment commitment letter says "loan" or something like that, it can only be regarded as a civil dispute over loan.
(3) Printed, not handwritten: It doesn’t matter.
No signature from your father: That’s okay. As long as there is an authentic signature of the debtor. As long as your father has an IOU, it proves that he is the creditor.
7. "Is it feasible for us to report the case directly by 'occupation' without mentioning the existence of this so-called IOU?": Not feasible. Because:
(1) If you report a false case with the intention of subjecting her to criminal prosecution, she may be suspected of false accusation and frame-up and be held criminally responsible: you haven’t gotten your money back yet, so it’s not worth causing any more trouble. Bar?
(2) Even without this IOU, it can still be treated as a criminal case. If the other party's property can be found, I think it is best not to report a criminal case, but to prosecute it as an estimated civil case, because if it is reported, even if the police file a case, it can only be tried after the police arrest her, and only in the criminal case. It would be too long to file an incidental civil lawsuit for compensation during the trial of the case, or file a civil lawsuit for compensation after the criminal case is concluded.
Since she does not want to be held criminally responsible, and since her property can be found, it is better to file a civil lawsuit, which can be handled faster. If you cannot find her, the court can declare service and a default judgment. After the judgment takes effect, you can execute her property that you have preserved.
8. She has just given birth to a baby: It may have an impact on imprisonment (lactation care), but it has no impact on civil compensation. And if she has just given birth to a baby, she will be less likely to go out to escape debt, and it will be easier for you or the court to find her. If you are unable to appear in court due to childbirth, you can entrust a lawyer or a relative or friend to appear in court on your behalf.