Prepare relevant evidence such as indictment, IOU and dunning notice, and bring a lawsuit to the court where the debtor is located. After accepting the case, the court pays the legal fees and waits for the court session. Conditional can also investigate the other party's property status, found valuable property, you can apply for pre-litigation preservation.
The legal basis is Article 120 of the Civil Procedure Law: The prosecution shall submit a complaint to the people's court and submit copies according to the number of defendants. If it is really difficult to write a complaint, it can be made orally, which will be recorded by the people's court and the other party will be informed.
1, pre-litigation property preservation
It is recommended that the parties check the other party's property first. If the debtor has real estate, cars and other assets under his name, he can first apply to the court for pre-litigation property preservation, and first seal up the debtor's property to prepare for the later implementation stage. You can also force the debtor to show up in this way.
2. Go to court to sue for repayment.
If the other party owes money and can't find anyone, and has a clear defendant, residential address and contact information, the court can accept it.
Because the debtor's whereabouts are unknown, the court usually summons the debtor to respond to the lawsuit in the form of an announcement after filing the case. If the debtor fails to respond to the lawsuit at the expiration of the announcement period, the court will make a default judgment after hearing the case with clear loan relationship.
After the default judgment, although the debtor's whereabouts are unknown, the court may auction the debtor's house or property at the request of the creditor to pay off the debt for the creditor.
3. Apply to the court to declare the debtor as a missing person.
If the debtor's whereabouts have been unknown for two years, the creditor may apply to the people's court to declare him a missing person. Taxes, debts and other expenses payable by the missing person shall be paid by the custodian from the property of the missing person.
If the custodian of the missing person's property refuses to pay the loss, the creditor brings a lawsuit, and the people's court shall list the custodian as the defendant.
4. Try to find out who is responsible for the repayment of debts.
1) The debts owed in the name of one party during the marriage relationship, if it can be proved that the loan is used for family expenses or improving family life, should be paid by both husband and wife. Therefore, the debtor's spouse can be required to pay off the debt.
2) For the debtor who has no executable property, the creditor may pursue the responsibility of the guarantor. Major difficulties that occur when the creditor asks the debtor to perform the debt, including the debtor's whereabouts are unknown, he has moved abroad, and there is no property to perform.