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How to recover the money after running away?

How to collect debts when the debtor runs away? In real life, it often happens that the debtor never returns for the purpose of maliciously escaping debts. Due to the limitation of action, it often brings great difficulties to creditors to claim the right to collect debts. For debt collection cases where the debtor's whereabouts are unknown, creditors can recover the arrears through the following two channels. The first way is that, within the limitation period, the creditor can directly file a lawsuit with the people's court where the debtor's original residence or property is located to recover the debt. At the time of prosecution, you should have evidence to prove the existence of the loan relationship, such as IOUs, and the court will accept the case. Because the debtor's whereabouts are unknown, the court usually summons the debtor to respond to the lawsuit in the form of announcement after filing the case. When the debtor fails to respond to the lawsuit at the expiration of the announcement period, the court will make a judgment by default after hearing the case with clear relationship between the borrower and the lender. After the default judgment, although the debtor's whereabouts are unknown, the court may, at the request of the creditor, auction the debtor's house or property to pay off the debts for the creditor. The second way is that the debtor applies to the court to declare the debtor as a missing person, and then the custodian pays the loan from the property of the missing person. If a citizen's whereabouts have been unknown for two years, the interested party may apply to the people's court to declare him a missing person. The property of the missing person shall be in the custody of his spouse, parents, adults or other close relatives and friends. The taxes, debts and other expenses payable by the missing person shall be paid by the custodian from the missing property.

How to deal with the debtor's arrears? "Four Views" determines the strategy of asking for money. 1. Look at the IOUs or the contents of IOUs. If you want to get the money back, you must clearly understand what the current situation is, and the most important thing is to look at what evidence you have. The so-called evidence is the relevant materials that prove that you have such a legal relationship between borrowing and owing. In our daily life, the most common evidence is IOUs or IOUs. We should carefully study the contents of owe and IOU. 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, A lent 8, yuan to B, and B didn't pay it back after paying 3, yuan. So, A took B to court and took out the iou written by the other party, which said, "I still owe 5, yuan". A said: B gave me an iou after paying 3, yuan, which means that I will be cleared after paying 5, yuan. In court, B said: I wrote "huan owes 5, yuan", which means I have already given you 5, yuan, and then I will give you 3, yuan. The two sides have a dispute over this. Therefore, when asking for money, we must pay attention to the content of the IOUs to prevent complications. 2. Look at the amount of IOUs or IOUs. I handled a case. The plaintiff asked the defendant to pay back 6, yuan. The defendant took out the IOUs and said, Look, it's not 6, at all, it's 6 billion! Why? The original IOU said "6,, yuan is owed". If you want to get your money back, you'll be in trouble. 3. Looking at the repayment time, it mainly depends on whether there is a repayment time on the IOU. If it is written, we should pay attention to the limitation of action. What is the limitation of action? That is, if you don't claim your rights from the other party for a long time, then the judge can't support your claim if you bring a lawsuit to the court and the other party puts forward the limitation of action. The limitation of action for the legal relationship of owing money is two years. When does it start to be counted? It depends on the repayment time on the IOU, so when you ask for money, you must keep in mind the limitation of action. 4. Look at the attitude of the other party. If there is a relationship between borrowing and owing, generally speaking, they were friends before. Why didn't the other party pay back the money? Is it really not enough, or has it become an old lai? If it is the first case, then both parties can make another IOU and agree on a repayment date, which will help to extend the limitation of action. If you still have doubts, this website also provides online consultation for lawyers. You are welcome to consult.