The solutions to those who can't find anyone who owes money are as follows: investigate the basic situation of the debtor; Inquire about the property of the debtor's spouse or guarantor. If there is any property of the debtor's spouse or guarantor, investigate and keep it in time. Apply for pre-litigation property preservation and go to court to sue for repayment.
A person who owes money and can't find someone can choose to sue, but the prosecution is limited by the statute of limitations, and the creditor's rights after the statute of limitations will not be protected by law. Therefore, many debtors evade the limitation of action by way of disappearance and achieve the illegal purpose of evading debts. Therefore, in order to protect the creditor's rights, there are the following remedies for the debtor's disappearance:
(1) The debtor has been missing for less than two years: extend the statute of limitations to avoid the creditor's rights that have passed the statute of limitations from being protected.
(2) the debtor has been missing for more than two years: if the debtor has been missing for more than two years, then according to the provisions of Chinese laws, he can apply for declaring missing. The subjects applying for declaring missing should be the relatives and interested parties of the debtor, and the creditors belong to interested parties and can apply for declaring missing.
1. Disputes over private lending generally require the following evidence:
1. IOUs, IOUs, repayment agreements
2. Transfer records (bank transfer flow, WeChat transfer or red envelope records, Alipay transfer records, cash deposit slips, etc.)
3. Chatting records of WeChat, SMS, QQ and email urging repayment
4. If Testimonies of disinterested witnesses can be provided
Legal basis: Article 119 of the Civil Procedure Law of the People's Republic of China
Conditions for prosecution The following conditions must be met:
(1) The plaintiff is a citizen, legal person and other organization with a direct interest in the case;
(2) There is a clear defendant;
(3) There are specific claims, facts and reasons;
(4) it is within the scope of civil litigation accepted by the people's court and under the jurisdiction of the people's court against which the lawsuit is filed.
article 675 of the civil code
the borrower shall repay the loan within the agreed time limit. If the loan term is not agreed or clearly agreed, and cannot be determined according to the provisions of Article 51 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 669 when concluding a loan contract, the borrower shall provide the true information about the business activities and financial status related to the loan as required by the lender.
article 67 interest on a loan may not be deducted from the principal in advance. If the interest is deducted from the principal in advance, the loan shall be returned according to the actual loan amount and the interest shall be calculated.