Sometimes, because the debtor does not have enough ability to pay back the money, or for other reasons, the rights and interests of creditors cannot be guaranteed at this time. So what should creditors do when this happens? Please see below about this problem. First, "four look" to decide the strategy of asking for money 1 Look at the loan or the content of the loan. If you want your money back, you must know what the current situation is, and the most important thing is to see what evidence you have. The so-called evidence is the relevant materials that prove that you have a legal relationship of lending. In our life, the most common evidence is IOUs or IOUs. We should study the IOUs and IOUs carefully. The content of the IOU clarifies the legal relationship between the two parties, so before asking for money, you must read the content of the IOU clearly, and it is very likely that the money will not be returned. In this case, Party A lent 80,000 yuan to Party B, and Party B did not pay back 30,000 yuan. So, A took B to court and took out the iou written by the other party, which said "50,000 is still owed". A said: B gave me an IOU after paying 30,000 yuan, which means that I was cleared after paying 50,000 yuan. In court, B said: I wrote "Huan owes 50,000", which means that I have given you 50,000, and then I will give you 30,000. The two sides are controversial about this. Therefore, when asking for money, we must pay attention to the content of the loan to prevent complications. 2 Look at the amount of IOUs or IOUs. I worked on a case. The plaintiff demanded that the defendant return 600,000 yuan. The defendant took out the iou and said, look, it's not 600 thousand at all, it's 6 billion! Why? The original IOU said "owed 6 million". If you want your money back, you will be in trouble. 3 look at the repayment time, this time mainly depends on whether there is repayment time on the debt. If it is written, we should pay attention to the limitation of action. What is the statute of limitations? That is, if you don't claim your rights to the other party for a long time, then you can't support your claim if you bring a lawsuit to the court and the other party puts forward the statute of limitations. The limitation of action for the legal relationship of owing money is two years. When does it start? It depends on the repayment time on the IOU. Suppose the IOU says that it should be paid off on 2012 10/0/0/010, then the two-year statute of limitations starts from10/0/01. Therefore, when you ask for money, you must keep in mind the restrictions on action. There was once a case in which the old man sued for repayment of money, because the statute of limitations was exceeded, and the judge did not support his appeal, which was very helpless. Say to the old man: I know he really owes you money, but the judge can only judge the case according to law, sympathize with you, but can't support you. 4 Look at each other's attitude. There is a relationship between borrowing and owing. Generally speaking, they used to be friends. Why doesn't the other party pay back the money? Is it really not enough, or has it become Lao Lai? If it is the first case, then both parties can sign another IOU to agree on a repayment date, which will help to extend the limitation of action. If for the second case, hehe, congratulations, the Long March Road has started? Second, collect "three sets of evidence" If it is determined that the other party really does not want to return it, it is time to take action! 1 group 1- Collect evidence of borrowing money. Can't you just sue an iou? People often ask me this question. In the trial practice, it is like this. If the amount is not large, a few thousand, 10,000 to 20,000 yuan is ok. Generally, you can sue with an iou, but if the amount is large, you must provide other evidence to prove that you have lent money to others. Therefore, if Party A lends Party B RMB 654.38+10,000, and only brings an IOU to the court for prosecution, but cannot provide other evidential materials, then the case will be lost in nine cases out of ten. Therefore, it is necessary to provide evidence of lending money to the other party at that time, such as a bank receipt for transferring money to the other party, and if the money is given in cash, a receipt for withdrawing cash from the bank should be printed. 2. The second group-collect the evidence of claiming creditor's rights, that is, to put it bluntly, collect the evidence of asking him for money. This is mainly to prevent the creditor's rights from having a two-year statute of limitations. The form can be the other party's "repayment plan" in written form, or it can be the form of audio and video recording to prove that the other party has asked for money many times. Here, I want to tell you that many people have asked me whether it is illegal to steal recordings and whether I can take them out as evidence. It can be clearly said that recording is ok as long as it does not infringe the rights and interests of the other party. How can it be called infringement of the other party's rights and interests? For example, in the other person's bedroom, you are not allowed to record what others do. If you talk about something in public, it can be recorded as evidence. 3. The third group 1 collects each other's property information to achieve the purpose of "making money". Many times, the court ruled that the plaintiff won the case, but the plaintiff couldn't get a penny back. Why? Because the information of the other party's property has not been collected, it cannot be executed. Therefore, in order to really get money, rather than an empty verdict, it is necessary to investigate the other party's property, mainly the other party's account, house and house. Of course, it is difficult for individuals to investigate other people's property. Even if a lawyer comes forward to investigate, it is impossible to find out all the property of the other party. So this step can only be said to provide as much as possible. If it is not enough, you can entrust a lawyer to check. ? Third, solve the problem through litigation Many people are reluctant to go to court because they think that the concept of "not just adoption" should be changed. Litigation is a way to solve disputes, and it is the last resort when other ways cannot be solved. For example, if you owe money and don't pay it back, how to solve it? It can only be solved through litigation. So, how to solve the problem of not paying back the money through litigation? 1 Property preservation before litigation Property preservation before litigation is to seal up the other party's household registration, house, car and other property to prevent the other party from transferring the property. This step is not a necessary process to combine the situation of each case with the property of the other party. If you don't owe much money or the other party has the ability to repay, or you can't find local real estate, you can omit this step. However, if it can be saved, I suggest saving it. In several cases I have handled, property preservation can often achieve the effect of "defeating the enemy without fighting". For example, Company A owes more than 2.9 million yuan to Company B. We found that Company B had land on behalf of Company B, so we made property preservation. Before the trial, the other party agreed to pay back the money. About 2.2 million yuan was repaid in two installments, considering that the other party can basically put other money. Although there was no lawsuit in this case, the result was very satisfactory. 2 sue. Ok, the next step is to file a case, try it and make a judgment. The legal trial period of first instance is 6 months, and the legal trial period of second instance is 3 months. Generally, if there is no major accident, the results will be obtained in the first instance in 3-4 months. Maybe you think it's too long, but there's no way. This is the last road. As for how to do it in the lawsuit and how to hold a court session, I won't go into details here because of the limited space. If a judgment is made, it shall apply to the court for compulsory execution within 2 years after the judgment takes effect, so that the court can directly check the other party's property and refuse to execute it. If the other party refuses to execute, in general, the bailiff can detain the other party, usually once a year 15 days. Mediation means that both sides take a step back and solve the problem. For example, they owe 65,438+million yuan, and Party A says, pay less, pay 90,000 yuan, and pay it back immediately. Don't ask me anything else No, Party B said, OK! Then the matter will be solved, and both sides will solve it. The general court will preside over mediation between the two parties. Personally, I suggest that if the conditions are similar and acceptable, it is best to reach mediation, because it is not wise to involve energy in litigation, and it is true to get the money. Don't give up big interests for small interests.