You can sue. If the debtor fails to repay the debt, the creditor may sue in the court at the other party's place of domicile or habitual residence. Arrears are civil disputes and can be sued. If the creditor sues and wins, the legal costs may be borne by the debtor. If the creditor does not sue and the agreed repayment time is subject to a statute of limitations, then the chance of getting the money back is zero. If he sues, there is at least hope.

Legal Analysis

There are generally three situations when a debtor fails to repay the money he owes. One is that he may have forgotten. In this case, he can pay the debt when it is due. , directly ask the debtor to pay back the money. The second is the inability to repay. In this case, you can negotiate with the debtor and sign a repayment agreement to agree on the repayment method and time limit. Third, the debtor uses various excuses to delay repayment, or maliciously evades the debt. In this case, the most effective way is to file a lawsuit with the court within the statute of limitations and at the same time file an application for litigation preservation. The court will take measures such as property preservation. This includes freezing deposits in all bank accounts of borrowers and loan guarantors, seizing mortgaged properties, etc. After the judgment is made, apply to the court to enforce the property in accordance with the law to pay off the debt. The evidence that a creditor must submit when suing a debtor includes: (1) loan agreement or IOU; (2) if there is a guarantor in the lending relationship, evidence of the guarantee; (3) evidence of the payment and receipt of money by both parties; (4) the debtor Proof of purpose of borrowing, etc.

Legal Basis

"Civil Procedure Law of the People's Republic of China"

Article 119 Prosecution must meet the following conditions: (1) ) The plaintiff is a citizen, legal person or other organization that has a direct interest in the case; (2) there is a clear defendant; (3) there are specific litigation claims, facts and reasons; (4) it falls within the scope of the people's court to accept civil litigation and It shall be under the jurisdiction of the people's court subject to the lawsuit.

Article 120: To initiate a prosecution, a complaint shall be submitted to the People's Court, and copies shall be submitted according to the number of defendants. If it is really difficult to write a complaint, the complaint can be filed orally, and the people's court will record it and inform the other party.