The debt owed by Lao Lai is a civil dispute, and the creditor can apply to the court for a payment order by virtue of this article; You can also collect relevant evidence to bring a lawsuit to the court and file a civil lawsuit according to law to safeguard your legitimate rights and interests; If the debtor has other property, the creditor may apply to the court for property preservation and freeze or seal up the other party's property before or after the prosecution. If the debtor has the ability to refuse to execute the judgment, he is suspected of refusing to execute the judgment, and if the circumstances are serious, he will be sentenced.

In the face of "Lao Lai" who owes money, creditors can adopt the following methods:

1. If the debtor makes an IOU and the other party refuses to repay the loan after the expiration of the agreement, he can directly apply to the court for a payment order by virtue of the IOU.

2. If there is no clear repayment time for the debt, it shall negotiate with the debtor in writing to clarify the specific repayment time. If the debtor can't repay the due debt, he can bring a lawsuit to the court.

You can also apply to the court to include the other party in the list of people who have lost their trust, impose credit punishment on them according to law, and announce it to the public. If the person subjected to execution fails to perform the obligations specified in the legal documents, the people's court may take or notify the relevant units to assist in taking measures such as restricting exit, recording in the credit information system, publishing information on non-performance of obligations through the media and other measures prescribed by law. The treatment of not paying back the money is negotiation between the two parties, that is, the creditor can negotiate with the debtor to pay back the money first. If the debtor refuses to repay the debt, the creditor may bring a lawsuit to the court and ask the other party to pay back the money. For private loans with regular repayment, the limitation of action is 3 years from the date of the expiration of the repayment period, and the right to win the case will be lost after the expiration. After enforcement and persuasion by law enforcement officers, Lao Lai still refused to implement it. At this time, Lao Lai can be investigated for criminal responsibility, and the court can be required to be convicted and punished for "refusing to execute the judgment or ruling".

legal ground

People's Republic of China (PRC) Civil Procedure Law (202 1 Amendment)

Article 255 If the person subjected to execution fails to perform the obligations specified in legal documents and conceals property, the people's court has the right to issue a search warrant to search the person subjected to execution, his residence or the concealed property.

Take the measures mentioned in the preceding paragraph, and the dean will issue a search warrant.

Criminal Law of People's Republic of China (PRC) (revised in 2020)

Article 313 Whoever refuses to execute a judgment or written order, 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 especially 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 mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.