Friends who owe money can still call the police. The police can mediate between the two parties, but they will not file an investigation, so the alarm handling is of little effect. If it is still not returned, the parties may bring a lawsuit to the people's court. According to the provisions of China's Civil Code, the borrower should repay the loan within the agreed time limit. If the term of the loan is not agreed or clearly agreed, and cannot be determined according to the provisions of Article 510 of this Law, the borrower may return it at any time; The lender may urge the borrower to return it within a reasonable period of time.
Because the main duties of public security organs are to maintain social order, crack down on crimes and solve criminal cases.
The loan dispute of non-repayment is a contract dispute, a civil dispute, not a criminal case, and the public security department has no responsibility. In case of such problems, the parties are advised to collect relevant evidence, such as recording the fact of arrears, transfer records, IOUs, IOUs, etc. Bring a lawsuit to the court and apply for pre-litigation property preservation if necessary.
If the other party refuses to execute the judgment after the judgment of the court, the parties may apply to the court for compulsory execution, but they must first find out whether the other party has executable property and related property clues.
However, if one party defrauds other people's property in the name of borrowing money, it may constitute fraud. At this time, you can call the police. For most loan cases, you can't report to the police, but you can only file a lawsuit or send a lawyer's letter to claim your rights.
Second, can someone call the police if they owe money?
Others can call the police if they owe money, as follows:
1, you can call the police, but owing money is not a civil case. Under normal circumstances, the police will not file a case, at most mediation;
2. If it is a fraud report, the police will be very cautious, but they are not sure whether the person who owes money can constitute fraud;
So calling the police can't solve the problem of not paying back the money.
4. The parties can solve the problem through court proceedings. Collect relevant evidence to prove that the debt is true. Go to court to apply for pre-litigation property preservation. Court prosecution, filing, trial and judgment. When the other party fails to pay back the money owed, it can prepare the prosecution materials according to the relevant requirements of the Civil Procedure Law, bring a lawsuit to the people's court, and request the people's court to judge the other party to repay the loan and bear the liability for breach of contract.
Third, what should I do if I don't pay back the arrears?
There are many ways to solve the arrears dispute, including negotiation, mediation, arbitration and litigation. As long as it is used in time and properly, it will get twice the result with half the effort. However, because some creditors often drag on for too long in the negotiation stage in order not to harm peace, they miss many opportunities to recover debts.
Applying for a payment order is one of the effective ways to recover the arrears. According to the provisions of China's Civil Procedure Law, if a creditor requests the debtor to pay money or securities, he may apply to the grassroots people's court with jurisdiction for a payment order: there is no other debt dispute between the creditor and the debtor; A payment order can be served on the debtor. If the debtor fails to pay off the debt within fifteen days after receiving the payment order from the people's court, or fails to raise a written objection to the people's court, the creditor may apply to the people's court for enforcement. It can be seen that the biggest advantage of applying to the people's court for a payment order to recover the arrears is that the time is short and the effect is quick. Of course, if the debtor raises a written objection to the people's court within the statutory time, it must be handled through litigation.
Fourth, how to sue individuals who owe money?
If the loan period has expired and the lender still fails to repay the loan after being urged, the lender may bring a lawsuit to the people's court according to law and use legal weapons to safeguard his legitimate rights and interests. Lenders should pay attention to the limitation of action when suing. According to China law, the new statute of limitations is recalculated from the date of interruption. In this way, the lender not only has the right to sue, but also continues to enjoy the right to win the case, which is conducive to protecting the legitimate rights and interests of the lender.
When suing, creditors should probably pay attention to the following evidence: evidence about the debtor's subject qualification, contracts or agreements, bills of lading (which must be signed by the debtor), consignment notes, IOUs and various settlement bills. , and other telegrams, faxes and letters related to debts shall be properly kept. The evidence collected shall be provided to the people's court in a timely manner.
For evidence that may be put out of fire due to special circumstances or difficult to obtain later, you can apply to the people's court for evidence preservation in time; For evidence that cannot be collected by itself due to objective reasons, you can apply to the people's court for investigation and collection in time.
5. Can the arrears dispute be sued by the plaintiff?
The place of performance of a contract is the place where the parties perform their contractual obligations.
The loan contract is a two-way contract, and the subject matter is currency. Both the lender and the borrower shall undertake the obligations of loan and repayment of loan and interest respectively according to the contract, and the place where the lender and the borrower are located is the place where the contract is performed. According to the loan contract, the lender should allocate the loan first, thus fulfilling its obligations.
Therefore, unless otherwise agreed by the parties, the place where the lender is located is the place where the contract is performed. The location of the lender is of course the location of the plaintiff. Therefore, if you don't know the other party's domicile or habitual residence, or the defendant's location is remote, you can of course bring a lawsuit in the court where the plaintiff is located.
If the guarantor of general guarantee and the creditor have not agreed on the guarantee period, the guarantee period shall be six months from the date of performance of the principal debt. If the creditor fails to bring a lawsuit or apply for arbitration to the debtor within the guarantee period agreed in the contract and the guarantee period stipulated in the preceding paragraph, the guarantor shall be exempted from the guarantee responsibility.
6. What if the debtor borrows money and doesn't pay it back?
It is generally believed that the main solutions are:
1. If the other party is sincere in repayment, but it is temporarily unable to repay in full or in one lump sum, it may consider giving an appropriate and reasonable grace period or repayment by installments;
2. If the other party has the sincerity to repay, but it cannot repay due to objective reasons, prosecution should be arranged as soon as possible based on the consideration of the limitation of action;
3. If the other party has no repayment sincerity, but has repayment ability, it is suggested to take appropriate measures to pressure and force repayment. If the non-litigation means can't achieve the dunning effect, it is suggested to take legal action immediately and consider taking legal preservation.
4. It is impossible to judge whether the other party has the sincerity or repayment ability. It is suggested to apply pressure in an appropriate way to force the other party to react, so as to correctly judge the above situation, and proceed according to method 1-3.
Nevertheless, due to the different specific circumstances of different cases, there will be differences in the details of handling methods and evidence, and the success or failure of each case often depends on the details.
Seven, no matter how much debt is not paid, the court can file a case.
No matter how much money you owe, you can sue in court. As long as the conditions for prosecution are met, the court will file a case. If the debtor fails to perform after the judgment, the creditor may apply to the court for compulsory execution.
Prosecution must meet the following conditions:
1. The plaintiff is a citizen, legal person and other organization that has a direct interest in this case;
2. There is a clear defendant;
3, there are specific claims and facts and reasons;
4. It belongs to the scope and jurisdiction of the people's court to accept civil litigation.
The process of not paying back the money:
(1) The first stage: the prosecution stage.
This stage includes the following three steps:
1. The plaintiff submits the complaint, copy and relevant evidence to the people's court; Required supporting materials:
(1) indictment and a copy of the indictment;
(2) ID cards, household registration books and other identification materials;
(3) Evidence of arrears, including IOUs, receipts, IOUs, payment vouchers, etc.
2. The people's court accepts the documents and materials submitted by the plaintiff for examination;
3. If the review and prosecution conform to the legal provisions and requirements, a decision on acceptance and filing shall be made, otherwise the plaintiff's documents and materials shall be returned, and the reasons for rejection shall be informed.
(2) The second stage: the defensive stage.
1. The people's court shall serve a copy of the plaintiff's indictment on the defendant within five days from the date of filing the case, and inform the defendant to give a written reply;
2. The defendant shall file a reply within 15 days from the date of receiving the copy of the indictment served by the people's court.
If the defendant fails to make a reply within fifteen days, the people's court will try the case as usual and make a judgment.
If the defendant cannot give a reply within fifteen days due to reasons other than his own will, he may apply to the people's court for an extension according to the facts, and the president of the people's court will make a decision on the extension.
(3) The third stage: the trial stage.
This stage enters the substantive stage of litigation, mainly to review the evidence, find out the case, distinguish right from wrong, and confirm the rights and obligations of the parties. It includes the following steps:
1, court investigation;
2. Court debate;
3. The judge presides over mediation;
4. Mediation is invalid and judgment is invalid.
Duration of non-repayment of debts:
The statute of limitations for non-repayment is three years. Where there are other provisions in the law, those provisions shall prevail.
The limitation period of action shall be counted from the date when the creditor knows or should know that the right is damaged and the debtor knows it. Where there are other provisions in the law, those provisions shall prevail. However, the people's court shall not protect the rights that have been damaged for more than 20 years. Under special circumstances, the people's court may decide to extend the time according to the application of the obligee.
The process of applying to the court for compulsory execution if it fails to perform after the judgment:
1. If one party refuses to perform a legally effective civil judgment or ruling or a criminal judgment or ruling, the other party may apply to the people's court for enforcement according to law; Materials for enforcement:
(1) Execute the application;
(2) A copy of the materials proving the subject qualification of the applicant for enforcement. If the applicant is entrusted to apply for enforcement, the entrusted agency materials shall be provided together;
(3) One original and two copies of the effective legal document with enforcement content;
(4) A list of the property clues of the respondent and the address and contact information of the person subjected to execution.
2. If it is accepted by the court, the court will accept the application;
3, apply for reconsideration, the parties or interested parties are not satisfied with the award, you can apply to the people's court at the next higher level for reconsideration within 10 days from the date of delivery of the award;
4. Send a notice of execution to the person subjected to execution. When the person subjected to execution receives an application for execution or hands it over for execution, it shall issue an execution notice to the person subjected to execution and order him to perform it within a specified time limit. If it fails to perform within the time limit, it shall be enforced;
5. Take compulsory measures such as inquiring, freezing, transferring the deposit of the respondent, detaining and withdrawing the income of the respondent.
Apply for court enforcement:
1. If the debtor has no money to compensate or fails to perform, it may apply to the court for enforcement. If the person subjected to execution is really unable to perform, the court may temporarily suspend execution and resume execution at any time after he can perform;
2. If the person subjected to execution is unable to repay the loan due to living difficulties, has no source of income and loses the ability to work, the court will terminate the execution;
3. If the court refuses to execute the judgment, the court will enforce the property such as real estate and cars, and will be detained or fined. If the circumstances are serious, it is suspected of refusing to execute the judgment.
Article 313 of the Criminal Law Crime of refusing to execute a judgment or written order Whoever refuses to execute a judgment or written order, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or fine.
legal ground
civil law
Article 673 Where the borrower fails to use the loan according to the agreed purpose, the lender may stop issuing the loan, recover the loan in advance or terminate the contract.
Article 674 The borrower shall pay interest at the agreed time limit. If the time limit for paying interest is not stipulated or clearly stipulated, and cannot be determined according to the provisions of Article 510 of this Law, if the loan period is less than one year, it shall be paid together with the loan; If the loan term is more than one year, it shall be paid at the end of each year; if the remaining term is less than one year, it shall be paid together with the loan.
Article 675 The borrower shall repay the loan within the agreed time limit. If the term of the loan is not agreed or clearly agreed, and cannot be determined according to the provisions of Article 510 of this Law, the borrower may return it at any time; The lender may urge the borrower to return it within a reasonable period of time.
Article 676 If the borrower fails to repay the loan within the agreed time limit, it shall pay the overdue interest in accordance with the agreement or the relevant provisions of the state.
Article 677 Where the borrower repays the loan in advance, unless otherwise agreed by the parties, the interest shall be calculated according to the actual loan period.
Article 678 The borrower may apply to the lender for extension before the repayment period expires. If the lender agrees, it can be extended.