Legal analysis
The prosecution must first find out which court to go to, and the technical term is to determine jurisdiction. Usually, the case will be brought to the people's court where the defendant is located. The defendant's residence can be divided into two types: habitual residence and domicile. Personally, I suggest choosing the nearest one. Now ask the other party to pay back the money, then you are the location of the party who received the money, and of course you can bring a lawsuit to the people's court where you are the plaintiff. If there is no repayment before the repayment date, if the corresponding liability for breach of contract, such as late payment fee, is stipulated in the IOU, the debtor may eventually bear liquidated damages other than the principal and interest. If the creditor sues the court and decides that you still don't repay the loan, it may have an impact on the debtor's credit and be blacklisted. This will bring inconvenience to the debtor's loans and travel in his future life. Simple private lending is generally not enough to pursue criminal responsibility, but if the debtor defrauds a large amount of public and private property by fictional facts or concealing the truth for the purpose of illegal possession, it may constitute fraud and be investigated for criminal responsibility. It is generally believed that the basic structure of this crime is: the actor commits fraud for the purpose of illegal possession → the victim has a wrong understanding → the victim disposes of the property based on the wrong understanding → the actor obtains the property → the victim suffers property losses. In addition, there is no executable property in his name and he refuses to execute the effective judgment of the court, so his personal credit report will contain negative information such as overdue payment, and he will be restricted from high consumption and entry and exit, and may even be punished by judicial custody. There are many ways to solve such disputes, such as negotiation, mediation, arbitration and litigation, and litigation is just one of them. In fact, there is a simple way to apply to the people's court for a payment order, which is one of the effective ways to recover the arrears.
legal ground
Article 674 of the Civil Code of People's Republic of China (PRC), the borrower shall pay interest within 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.