How to file a case to the police if you don’t pay back the borrowed money?

How to file a case to the police if the loan is not repaid

How to file a case to the police if the loan is not repaid. It is inevitable that there will be a loan relationship between family members, relatives, friends and colleagues. When the other party speaks, It's generally hard to say no, but when you encounter a shabby borrower, you can't get the money back once you've lent it out. How to file a case after borrowing money and not repaying it? How to file a case by calling the police and not repaying it? 1

Borrowing money is not within the scope of police management, and the police generally will not file a case.

However, if one party defrauds the property of others in the name of borrowing money, it may constitute a crime of fraud, and the police can be called to deal with it at this time.

If the amount of fraud reaches 2,000 yuan, it will constitute the standard for filing a case for prosecution. If it does not constitute a crime, but there is fraud, public security management penalties can be imposed.

According to the "Regulations on Public Security Administration Penalties", those who infringe upon public or private property, which is not sufficient for criminal punishment, shall be detained for not more than 15 days or given a warning, and may be fined not more than 200 yuan individually or concurrently.

For the vast majority of loan cases, you cannot report it to the police and can only handle it through litigation, or you can send a lawyer's letter to assert your rights.

There are many ways to solve the problem of non-repayment of borrowed money, such as negotiation, mediation, arbitration and litigation. As long as they are used timely and appropriately, they will get twice the result with half the effort.

However, because some creditors often delay the negotiation stage for too long in order not to harm their relationship, many good opportunities to recover arrears are missed.

Applying for a payment order is one of the effective ways to recover arrears.

According to the provisions of my country's Civil Procedure Law, if a creditor requests the debtor to pay money or securities and meets the following conditions, it may apply to the basic people's court with jurisdiction for a payment order: the creditor and the debtor have no other debts Disputes; payment orders can be served on the debtor.

If the debtor fails to pay off the debt within fifteen days after receiving the payment order issued by the People's Court, or fails to submit a written objection to the People's Court, the creditor may apply to the People's Court for compulsory execution.

It can be seen that the biggest advantage of applying for a payment order from the People's Court to recover arrears is that it takes a short time and has quick results.

Of course, if the debtor files a written objection to the People's Court within the statutory time, it must be handled through litigation procedures. How to file a case with the police if a friend borrows money but does not repay it? 2

1. Is it useful to call the police if a friend borrows money but does not repay it? How much does it cost to file a case?

Useless. Borrowing money is a civil case. Even if the police are called, the police will not open a case. Opening a case requires two basic conditions:

1. It is believed that there are criminal facts;

2. Criminal responsibility needs to be pursued.

Therefore, if a friend borrows money and refuses to repay it, it is useless to call the police. You can find other ways to solve the problem.

2. What should I do if my friend borrows money but doesn’t pay back?

You can file a lawsuit with the local people's court with an IOU, and all civil cases can be resolved through the court.

1. Collect relevant evidence to prove that the debt does exist;

2. Go to court to sue and apply for pre-litigation property preservation;

3. Sue in court, Case filing, court hearing, and judgment (the trial period for ordinary procedures for civil cases is six months, and the trial period for simplified procedures is three months);

4. If the other party still does not repay the money after winning the case, you can apply for compulsory execution The other party's deposit, application for auction of property. How to file a case to the police if you don't repay the money you borrowed 3

1. How to call the police if you don't repay the money you borrowed on WeChat

It is illegal to borrow money on WeChat but not repay it, but it is not a crime. In principle, call the police The police will not accept the case, and if the money borrowed through WeChat is not repaid, a lawsuit should be filed in court. Private lending refers to a loan contract relationship between private individuals, and the non-repayment of borrowed money falls within the scope of civil disputes. The borrower should repay the loan as agreed. If the borrower refuses to repay the loan, it is an illegal act and the lender can sue the court for recovery. After the court's judgment, if the borrower refuses to repay the loan and flees, it is an act of avoiding execution, and the court will include the defendant in the list of dishonest persons subject to execution.

1. Travel is restricted. You can choose second-class or lower seats on high-speed rail, airplanes, trains, and ships.

2. You cannot buy private cars or real estate.

3. High-consumption behavior in hotels, hotels, nightclubs, golf courses and other places with star ratings or above are strictly restricted by the court.

4. Restrict their children from attending high-fee private schools.

5. Restricted application for loans and credit cards

6. Bank card accounts, Alipay accounts, etc. have been sealed

7. Cannot apply to serve as the legal representative of any company , directors, supervisors and senior managers.

8. If someone has the ability to perform but evades performance, it may also constitute the crime of refusing to execute the judgment and may be sentenced to fixed-term imprisonment of not more than three years.

Legal basis:

Article 313 of the "Criminal Law of the People's Republic of China"

Refusing to execute a judgment or ruling is a crime against the people Anyone who has the ability to execute a court's judgment or ruling but refuses to execute it, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or a fine; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.

If a unit commits the crime in the preceding paragraph, the unit shall be fined, and the person directly in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.

2. How much can you call the police if you borrow money on WeChat and don’t repay it?

If you don’t repay the borrowed money, the police will not file a case. The public security organs are mainly responsible for criminal cases. and public security management.

Repayment of money owed is not a civil dispute, and the public security organs are mainly responsible for criminal cases and public security management. Therefore, owing money does not fall within the jurisdiction of the public security organs, and the police will not file a case. The parties can resolve the dispute through negotiation, litigation, arbitration, and mediation. If the debt is not repaid, it does not fall within the scope of police management and cannot be dealt with by the police. However, if one party defrauds others of their property in the name of borrowing money, it may constitute a crime of fraud, and in this case, the police can be called. For the vast majority of loan cases, you cannot call the police and handle them through litigation, or you can send a lawyer's letter to assert your rights.

3. How to recover money if the loan is not repaid

If the other party still does not repay the money after many reminders, the following methods can be used:

1. You can file a lawsuit in court to demand repayment, and the court will make a judgment in accordance with the law

2. After winning the lawsuit, if the other party refuses to perform, the winning party can apply to the People's Court for enforcement, or The judge will transfer the case to the executioner for execution.

3. After accepting the compulsory execution, the court will inquire about the real estate, vehicles, securities and deposits in the name of the debtor in accordance with the law;

4. The person subject to execution fails to perform the obligations specified in the legal document. , the people's court may take measures against them or notify relevant units to assist in taking measures such as restricting exit from the country, recording in the credit reporting system, publishing information on non-fulfillment of obligations through the media, and other measures prescribed by law.

Through the relevant knowledge introduced by Legal Express above, "How to call the police if you borrow money on WeChat and don't repay it? How much does it cost to call the police?" If the debtor keeps borrowing money and doesn't repay it, the creditor can sue to recover the debt. If the money is not repaid, the court may add the defendant to the list of dishonest persons subject to execution.