When filing a lawsuit, you can write a complaint, bring your ID card and relevant evidence, and go to the filing court of the grassroots court where the defendant's household registration is located (where the permanent residence is located for more than one year) to request filing. Generally speaking, the limitation of action for monetary debts is three years, that is, after three years from the date of repayment, the people's court will not protect them. However, if the debtor does not file a statute of limitations defense in court, it is not subject to the limitation of three years at this time. If the two parties have not agreed on the loan term, according to the law, the creditor can ask the debtor to return it at any time, provided that the debtor is given a reasonable period. Regarding prosecution, generally speaking, if the defendant's domicile is inconsistent with his habitual residence, he shall bring a suit in the people's court of his habitual residence. Those who have lived and lived in one place for more than one year may sue in the local area.
First, when filling in the IOUs, we should pay attention to the following matters:
1. The legal full names of borrowers and lenders should be clearly written, and it is best to attach ID numbers;
2. The loan amount should be clearly written, including the amount expressed in words and figures;
3. The term of the loan should be clearly written, including the start and end dates of the loan and a clear loan term;
4. The loan interest should be clearly written, with a clear annual or monthly interest rate, the total amount of loan interest that should be paid in the end (including the amount expressed in words and figures) and the payment method;
5. The date, month, day, time and payment method of repayment of loan principal and interest shall be stated;
6. There should be the borrower's personal signature, handprint or handwritten signature.
7. If the amount is large, the loan purpose or payment record shall also be indicated.
In private lending, IOUs are powerful evidence to prove the relationship between lending and borrowing, and the writing of IOUs should be standardized and complete. If the other party fails to repay the loan, only the loan signed by the other party is not a complete loan, and the parties cannot sue the other party with this loan, and the court will not accept it. In this case, the plaintiff should look for evidence of the other party's arrears from other aspects.
Second, what are the ways of property transfer?
1. One party's deposit is transferred, such as transferring the deposit from one name to another, or buying bulk items.
2. Selling property in secret, usually to relatives and friends, for false sales, rather than actual payment.
3. Sell the company's shares, equity, etc. Fabricate a lower price, or hollow out the company's assets and forge the company's debts, resulting in the illusion that the funds will not cover the debts.
4, fictional traffic accidents, pay others a lot of money.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 502 A lawfully formed contract shall become effective upon its formation, unless otherwise provided by law or agreed by the parties.
In accordance with the provisions of laws and administrative regulations, if the contract should go through the approval procedures, such provisions shall prevail. If the failure to go through the formalities such as approval affects the effectiveness of the contract, it will not affect the performance of the obligation clauses such as approval and the effectiveness of relevant clauses in the contract. If the party that should go through the formalities for approval fails to perform its obligations, the other party may require it to bear the responsibility for violating its obligations.
The modification, assignment and dissolution of a contract shall be subject to the provisions of laws and administrative regulations, and the provisions of the preceding paragraph shall apply and shall be subject to approval.
Article 667 A loan contract is a contract in which the borrower borrows money from the lender, repays the loan at maturity and pays interest.
Article 668 A loan contract shall be in written form, unless otherwise agreed between natural persons.
The contents of a loan contract generally include terms such as loan type, currency, purpose, amount, interest rate, term and repayment method.
Article 669 When concluding a loan contract, the borrower shall, at the request of the lender, provide the true information about the business activities and financial status related to the loan.