First of all, it depends on whether there is evidence, mainly IOUs. IOUs represent a loan contract relationship. The borrower borrows money from the lender and the lender pays the loan. There are some other evidences (witnesses or other evidences that can prove that he borrowed money from you) that can also be adopted by law.

in addition, it depends on whether there is a loan period, and it is clear whether your litigation period has passed. For the IOUs with repayment period indicated, it shall be in accordance with the provisions of Article 137 of the General Principles of Civil Law, and the limitation of action shall be calculated as two years from the date of the loan period indicated.

For an IOU with no loan term, the lender can demand repayment from the borrower at any time, and the limitation of action starts from the time when the obligee claims the right. If the obligee claims the right again, the provision of interruption of limitation of action shall apply. However, if the lender does not claim rights within 2 years after the borrower issues the IOU, the limitation of action will no longer start.

if the above conditions are met and the borrower refuses to pay back the money, he can apply to the court for a payment order.

a payment order is a legal document issued by the people's court to the borrower to pay money or securities within a time limit according to the urging procedure stipulated in the civil procedure law and the application of the borrower. Creditors who refuse to perform their obligations may directly apply to the grassroots people's court with jurisdiction to issue a payment order to notify the debtor to perform his debts. If the debtor does not raise any objection or perform the payment order within 15 days from the date of receiving the payment order, the creditor may directly apply to the people's court for compulsory execution.

To apply for a payment order, the following conditions must be met:

1. Request the debtor to pay money or securities;

2. The money or securities requested for payment have expired and the amount is determined, and the facts and evidence on which the request is based are stated;

3. There is no other debt dispute between the creditor and the debtor;

4. The payment order can be served on the debtor.

It is quick and convenient to apply for a payment order without going through court proceedings. Therefore, when you encounter the situation that your brother borrows money and doesn't pay it back, don't get angry in a hurry, and don't act excessively because of it. We have a huge legal backing to support and a perfect legal system to solve loan disputes, which will certainly safeguard the legitimate rights and interests of creditors.