If you don't repay the loan without an iou, the prosecution procedure is:
1, sue
That is, submit a complaint to the court filing chamber with jurisdiction.
2. Filing a case for review
In line with the conditions for filing, notify the parties to pay the legal fees within 7 days, and file the case after paying the fees; Do not meet the conditions for filing, will be ruled inadmissible. If you refuse to accept the decision to dismiss the prosecution, you should appeal to the Higher People's Court within 10 days. After acceptance, the court will send a copy of the complaint to the other party within 5 days, and the other party will reply within 15 days, and notify both parties to exchange evidence. According to the application of the parties, the court may make a ruling on property preservation and immediately start execution.
3. Arrange the court session time
Notify the parties of the time, place and undertaker of the court session 3 days in advance; The public hearing of the case will be announced three days in advance.
Step 4 hold court sessions
Announce the hearing, check the identity of the parties, announce the members of the collegial panel, inform the parties of their rights and obligations, and ask whether to apply for withdrawal.
Court investigation: the parties state the facts of the case.
Proof and cross-examination: inform witnesses of their rights and obligations, witness to testify in court, read out the testimony of witnesses who did not appear in court, and produce documentary evidence, physical evidence and audio-visual materials; The two sides expressed their opinions on the evidence materials.
Court debate: the parties debate and demonstrate controversial facts and legal issues.
Court mediation: Under the auspices of the court, both parties agreed to settle the dispute. If a mediation agreement is reached, a mediation agreement shall be made, which shall take effect after being signed by both parties, and the parties shall perform the contents of the mediation agreement or apply for execution; If no mediation agreement is reached, the collegial panel shall make a judgment (ruling).
5. Sentences
If you agree to the judgment, the parties will automatically perform the obligations specified in the judgment document or apply to our court for execution;
If you don't agree with the referee, you need to treat it differently according to the situation:
Ruling: appeal to the higher people's court within 10 days from the date of service;
Judgment: Appeal to the Higher People's Court within 15 days from the date of service.
According to the law, if a loan relationship is established, a debit note should be issued. It is risky for both the creditor and the debtor not to type IOUs, but sometimes the creditor thinks that the other party has something to do with him, so he is embarrassed to let the other party type IOUs. In the absence of IOUs, evidence such as transfer vouchers and chat records should be kept well.
legal ground
People's Republic of China (PRC) Civil Code
Article 667 A loan contract is a contract in which the borrower borrows money from the lender, repays it at maturity and pays interest.
Article 668 A loan contract shall be in written form, unless otherwise agreed between natural persons.
The contents of a loan contract generally include terms such as loan type, currency, purpose, amount, interest rate, term and repayment method.
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 according to the requirements of the lender.