2. Article 313th of the Criminal Law: the crime of refusing to execute a judgment or ruling. Refusing to execute the judgment or ruling of the people's court, 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.
1. Look at the IOUs or IOUs.
If you want to get your money back, you must clearly understand what the situation is now. The most important thing is to see what evidence you have. The so-called evidence is the relevant materials that prove the legal loan relationship between you. In our daily 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 once handled a case where the plaintiff asked the defendant to pay back 600,000 yuan. The defendant took out an iou and said, Look, it's not 600,000 yuan at all, it's 6 billion yuan! 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 IOU. If it is written, 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 an old man sued for repayment of money. Because the statute of limitations was exceeded, the judge did not support his appeal, which was very helpless. He said 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?
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