If the loan is not repaid at maturity, you can consider defending your rights through prosecution. 1. When a party files a lawsuit, it shall first submit an indictment and submit corresponding copies according to the number of the other party. If the parties are citizens, the names, gender, age, place of origin and address of both parties shall be stated; If the party is a unit, the name, address, legal representative or person in charge of the unit shall be stated. The body of the indictment shall specify the facts and reasons for the request and prosecution, and the tail shall be signed or stamped with the official seal. 2. According to the principle of "whoever advocates gives evidence", the plaintiff shall submit the following materials to the court: 1, plaintiff's subject qualification materials. Such as the original and photocopy of the resident ID card, residence booklet, passport, home visit certificate for Hong Kong and Macao compatriots, marriage certificate and other evidence; If the enterprise is the plaintiff, it shall submit a copy of the business license, business registration certificate and other materials. 2. Evidence to prove the plaintiff's claim. Such as contracts, agreements, debt instruments (IOUs, IOUs, etc. ), send and receive vouchers, letters, etc. Three, the parties to submit documentary evidence to the court, should fill in the list of evidence in duplicate, detailing the name of the evidence submitted, the number of pages. After the evidence is verified by the court undertaker, the undertaker shall sign and seal the evidence list, one for the parties and one for the file. Four, the filing court in the parties to perform the necessary procedures and submit relevant evidence materials, within seven days, to meet the conditions for filing, filing procedures; Those who do not meet the conditions for filing a case shall be ruled inadmissible according to law. Five, the parties shall, within seven days from the date of receiving the notice of acceptance, pay the case acceptance fee and other litigation fees in advance. If there are difficulties, you can submit a written application for reduction, deferment and exemption to our hospital during the advance delivery period. If they fail to pay within the time limit or the written application for deferment, deferment or exemption is not approved, and they still fail to pay in advance, our hospital will decide to withdraw the lawsuit automatically. Six, after the completion of the filing procedures, the case shall be arranged by the court, and the parties shall obey the work arrangement of the court, and settle the litigation costs in the financial room after the case is closed.
What if the borrower doesn't pay back the money?
The first trick: negotiate in advance! First, convince people with reason! If you don't pay back the money you owe, you can negotiate with the other party as calmly as possible, relax the repayment conditions appropriately and pay it off in time. If it is really difficult for the other party to repay in time, both parties can sign a repayment agreement and stipulate the specific way and time limit of repayment; It is also agreed that if the other party still fails to perform at maturity, it may apply to the court for compulsory execution of the debtor's property. The signing of such repayment agreement must be notarized by the notary office in advance. Once the repayment agreement expires, the creditor can directly apply to the court for enforcement according to the terms of the agreement, which saves a lot of cumbersome litigation procedures and saves time and money for debt collection. The second measure: sending a dunning letter to the other party is also an effective solution. 1. Effective interruption of the limitation of action: According to the Civil Procedure Law, the limitation of action for arrears is generally two years, that is, if the creditor fails to recover from the debtor within two years after the repayment period expires, the court will no longer protect it. However, according to the regulations, the debt collection letter, as a reminder, has the legal effect of suspending the limitation of action, which can extend the limitation of action and allow creditors to decide the time of prosecution flexibly. 2. The debt collection letter shows that the creditor has fulfilled the obligation of informing and reasonable time limit: according to the regulations, if the debtor fails to repay the debt within the time limit, the creditor should generally fulfill the obligation of informing and reasonable time limit, and then the debtor still fails to repay it before suing for repayment. 3. Debt collection letter is a quick and affordable way to collect debts: debt collection letter is a very formal way to collect debts. If you hire a lawyer to issue a more professional debt collection letter, it will make the debtor handle it more carefully and effectively improve the possibility of repayment. The third measure: the procedural law is the last line of defense to safeguard its own rights and interests. If the other party still refuses to pay back the money after trying various ways, then litigation is the only legal way. But before filing a lawsuit, remember to apply for pre-litigation property preservation. Property preservation before litigation is to apply to the court for sealing up and freezing the other party's property, such as household registration, real estate, cars, etc. At the same time or in advance, to prevent the other party from transferring the property and ensure that the parties can get back the money and property in time after winning the case. However, this step is not a necessary process. If the other party's property certificate cannot be provided, or the amount owed is not high, and the other party has a clear repayment ability, this step can be omitted. Then you can go to court. If the other party still refuses to repay the loan after the judgment, it may apply for compulsory execution. After the judgment is made, the court shall file a compulsory execution within 2 years after the judgment takes effect. If the other party refuses to implement, you can detain the other party in the general area. In fact, many people think that the other party has no money, and it is useless for you to sue, but it is still useful to go to court to sue most cases. Besides, some people can really find the other party's transfer of property, so check it first! At the same time, it is still necessary to understand the statute of limitations. Because generally speaking, the limitation of action for creditor's rights is three years, you can legally determine your creditor's rights through legal proceedings, even if you can't find the debtor, how long it will be in arrears, as long as you don't repay it.
Then, before making these moves, there is one more thing to do, and that is to increase your confidence-evidence, evidence in hand, can continue to go down!
So what is the evidence about private lending?
First of all, IOUs are the most direct evidence to prove borrowing money, but in many cases IOUs alone cannot constitute strong evidence.
If the loan amount is low, you can generally apply for prosecution by virtue of the IOU.
If the loan amount is high, it is necessary to provide evidence that the money has been lent to the other party at that time. If it is online transfer, you need to provide transfer records such as bank receipt, WeChat or Alipay.
If it is an offline cash loan, you can print the bank withdrawal receipt.
Secondly, evidence of claim is needed.
That is, collecting evidence of asking for money from the other party is mainly to prevent the creditor's rights from exceeding the limitation of action. The specific form can be the promised repayment time or repayment plan written by the other party, or the telephone recording of the other party asking for money many times.
Finally, you need to collect each other's property information!
The purpose of collecting each other's property information is to finally get the money. If you don't have the other party's property information, it is very likely that the other party will not get back the money on the grounds that it really can't get the money. So it is very important to collect each other's property information.
Real estate information usually includes account information, real estate, company equity, etc. However, it is difficult for individuals to investigate this information, so they can entrust lawyers to help with the investigation.
What about going to loans overdue?
Tell your family about loans overdue first, and work it out with them.
If you are in loans overdue, you must keep a good attitude and deal with it calmly. Loans overdue should take the initiative to communicate with his family and work it out through consultation. Many hands make light work, especially when overdue loans occur, our mentality is not very stable, and some extreme ideas may appear, which will make things worse. Your family will definitely work with you to solve this problem. Loans overdue is not terrible. The key is to find a solution. We need to solve this problem with our family, and there is a great possibility of successfully solving the loans overdue problem.
Second, communicate and negotiate with financial institutions to determine the repayment plan.
When we have some solutions to overdue loans, we should take the initiative to communicate face to face with financial institutions. In the communication with financial institutions, first of all, it is necessary to show that there is no malice towards overdue loans, and to inform financial institutions of the actual situation and gain their understanding. At the same time, we are willing to repay and will not default. Secondly, we should communicate our actual situation and preliminary repayment plan with financial institutions, explain the reasons for our subsequent repayment plan, and try our best to win the support of financial institutions for the plan.
In communication with financial institutions, we can negotiate the overdue interest rate and liquidated damages in loans overdue, so as to minimize our repayment pressure. Finally, after obtaining the financial institution's approval of the scheme, we should sign relevant supplementary agreements with the financial institution, clearly stipulate the subsequent repayment amount, repayment time, liability for breach of contract, etc., so that we and the financial institution can clearly define their respective responsibilities and avoid subsequent disputes.
Third, increase revenue and reduce expenditure, and repay in strict accordance with the repayment plan.
After finalizing the repayment plan with financial institutions, we should raise money quickly. If we want to pay back our debts, we must work hard and earn more income. At the same time, we must try our best to reduce unnecessary expenses and increase our overall income by opening up new sources and reducing expenditure. While increasing income, we must strictly implement the established repayment plan, return the agreed repayment amount within the specified time, and can no longer break our promise to financial institutions.