First, creditors can directly sue the people's court to recover the loan. When a creditor brings a lawsuit, it shall bring a lawsuit to the court where the debtor's original domicile or property is located.
Second, the creditor applies to the court to declare the debtor as a missing person, and then the trustee pays the debt from the property of the missing person.
Third, if the debtor maliciously evades the debt and his whereabouts are unknown, he can bring a lawsuit for fraud, which is not limited by the statute of limitations.
The role of non-repayment of debts in prosecution;
1. Take back your lawful property legally through legal means.
2. If the other party has property, provide property clues, apply for property protection through litigation, and then apply for enforcement, so that you can obtain your legal property reasonably and legally.
3. If the other party has no property, the other party does have no property, but the debt relationship can be clarified through litigation. When the other party has money, it can be recovered in time. But you can apply to the court for enforcement, and even get compensation at a certain interest rate. You can still get your money back.
4. It can form a certain legal deterrent to those who owe money and urge them to pay back the money as soon as possible.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 122
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) Having a clear defendant;
(3) Having specific requests, facts and reasons;
(4) Belonging to the scope of civil litigation accepted by the people's court and the jurisdiction of the sued people's court.
civil law
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.