Chapter 154 Borrowing money? What is borrowing money, isn't this a scam?
Originally, Jiang Bai thought that Hu Kai just wanted to delay the time of paying back the money, but seeing the bright red exclamation mark, Jiang Bai completely woke up.
This dog didn't even think about paying back the money!
It’s not as simple as delaying time, but not ready to pay it back.
Two hundred thousand!
For Jiang Bai in the past, that was a salary of three years.
To him now, it's really nothing.
However, this does not serve as a reason why some people owe money but don't pay it back.
Even if Jiang Bai has an asset of 10 billion yuan, even if Hu Kai only owes him one dollar, as long as it is not Jiang Bai's voluntary gift, the other party will have to pay it back.
It is natural to pay back debts.
It’s the same reason to say it out loud!
Since the other party is not going to pay back the money, then I didn’t say anything and sue it.
Thinking of this, Jiang Bai put on his clothes and went out and went straight to the elite law firm.
...
"You mean, you want to get your friend to pay back the money through litigation?"
After listening to Jiang Bai's story, Luo Dazhao pushed the glasses frame and asked softly.
"That's not a friend, it's a defendant."
Jiang Bai nodded and said, "From his attitude, it is obvious that he is not going to pay back the money. I am probably a waste of time when I argue with him, so I am going to get it done in one step, sue it directly, and let the court make a judgment."
"Well, your idea is right. It is most effective to use legal weapons to get back the debt, but you don't have to sue it." Luo Dazhuo said.
Jiang Bai immediately asked, "There is any other way?"
"There is another way to apply for a payment order that is short-term and has quick results."
Luo Dazhang explained: "The payment order refers to a legal document issued by the people's court in the supervision procedure to restrict the debtor from fulfilling the payment obligation or raising written objections."
"Article 214 of the Civil Procedure Law of my country stipulates that if the creditor has no other debt disputes with the debtor and the payment order can be given to the debtor, the creditor may apply for a payment order to the grassroots people's court."
Upon hearing this, Jiang Bai pondered for a moment and said, "So, this payment order is actually something that urges the debtor to pay back the money to the creditor?"
"That's right."
"But is this thing really useful? The other party clearly wants to leave it to the end. What if he doesn't admit it?" Jiang Bai expressed his worries.
Luo Dazhao said with a smile: "The payment order has the same legal effect as the effective judgment, that is, it has binding force, certainty and execution power."
"Simply put, as long as the people's court delivers the payment order to the other party, the other party will have to pay you back within a certain period of time."
"If the debt is not paid off after the deadline, you can apply to the people's court for compulsory execution."
"So that's it." Jiang Bai suddenly realized.
This was the first time he heard of something like "payment order", and he only knew "Alipay" outside of this.
"Of course, in your case, you can file a lawsuit with the people's court in accordance with the law."
"As long as the statute of limitations is within the litigation, the people's court will accept it."
Luo Dazhang said: "And there is sufficient evidence for your case, and the transfer records and chat records are complete, so there is basically no reason to lose the case."
"However, attorney fees for civil cases are generally more expensive."
When acting as a civil litigation or arbitration case, if property relations are involved and the disputed property subject matter exceeds 10,000 yuan, the difference progressive calculation shall be used according to a certain proportion.
(1) The part below 100,000 yuan (including 100,000 yuan) is 5%, and each piece with a charge of less than 5,000 yuan is charged at 5,000 yuan;
(2) The part 100,000 yuan to 500,000 yuan (including 500,000 yuan) is 4.2%;
(3) The part 500,000 yuan to 1 million yuan (including 1 million yuan) is 4%;
(4) The part 1 million yuan to 5 million yuan (including 5 million yuan) is 3%;
(5) The part between RMB 5 million and RMB 10 million (including RMB 10 million) is 2%;
(6) The part 10 million yuan to 20 million yuan (including 20 million yuan) is 1.2%;
(7) The part 20 million yuan to 50 million yuan (including 50 million yuan) is 1%;
(8) The part above RMB 50 million is 0.5%.
Hu Kai owed 200,000 yuan, which means that if Jiang Bai wanted to sue, he would have to pay nearly 10,000 yuan in the lawyer's fees alone.
In addition to the first time, there are also transportation, accommodation, living expenses and work loss subsidies incurred by case acceptance fees, application fees, witnesses, appraisers, translators, and adjusters appearing in court on the designated date of the People's Court.
In addition, a lawsuit needs to be filed in the people's court where the debtor's household registration is located or where the permanent residence is located, and the plaintiff also needs to pay transportation, accommodation fees, etc.
In short, this set of costs basically exceed 20,000 to 30,000.
Of course, the defendant can bear the cost after winning the case.
"The payment order is faster and more convenient, so it is considered to give the other party some face."
"For civil litigation, you need to go to the other party and file a lawsuit with the local people's court. It is more troublesome and is equivalent to a complete breakup."
Luo Dazhao looked at Jiang Bai and said, "You decide for yourself how to choose."
"Prosecution! Must be prosecuted!"
Jiang Bai thought for a moment and made a decision: "I not only want to get the money back, but also let everyone see his true face!"
"Save others to borrow so much money like me, and they will not come back after they are finished."
Leave face to the other party?
Leave a shit!
When Hu Kai blocked Jiang Bai, there was no sympathy between the two.
If you didn't say anything, just sue him.
Anyway, this matter is not unfamiliar to Jiang Bai.
"Okay, since you have decided, let it go."
"When you go to Shancheng, you can find lawyer Zhao Kaixuan from the Gold Medal Law Firm. He is very proficient in this type of essay."
Luo Dazhao said.
"Thank you, big statement."
Jiang Bai thanked him and left the law firm and returned home.
I simply packed up some things, booked a flight ticket from Longcheng to Shancheng online, and drove straight to the airport.
Get the registration card, go through security checks, check tickets, and board the plane!
Two and a half hours later.
The plane landed at Shancheng Jiangbei International Airport, taxied for a distance, and slowly docked next to the terminal.
Jiang Bai arrived in the mountain city!
I took a taxi at the airport and entered the city area, so I found a hotel and stayed in.
night.
Jiang Bai took a walk around the famous Jiefangbei Pedestrian Street and experienced the customs and customs of the mountain city.
This is his first time in the mountain city.
I plan to take advantage of this opportunity to have a good time in the mountain city.
As for lawsuits...
It's a good thing.
As the saying goes, there is a long way to say, and there is no shorter to say.
Soon, a night passed.
The golden crow rises and the jade rabbit falls.
A new day is coming.
Jiang Bai woke up on the soft and comfortable Simmons mattress in the hotel room. After breakfast, he went to the Gold Medal Law Firm to consult with the lawyer Zhao Kaixuan.
The lawyer recommended by Luo Dazhang must be reliable.
But just as Jiang Bai was about to go out, he suddenly received a prestigious message.
"Old Bai, what's wrong with you, Kaizi?"
Jiang Bai was stunned for a moment.
The person who sent the message was high school classmate Xu Bowen.
He is also a good friend of Jiang Bai and Hu Kai. He was in the same circle in high school and had a good relationship.
Jiang Bai asked curiously: "Nothing, why did you suddenly ask this?"
"Didn't you see Kaizi's Moments?"
After saying that, Xu Bowen posted a screenshot.
It was Hu Kai’s Moments.
Copyright: I originally thought that our friendship was like a jar of fine wine, which would become purer as time flies. But I didn't expect that I was wrong after all. This person's heart is easy to change, and some people are really
After having a few bad money, I don’t know what my surname is, and I look down on my good friends and brothers in the past. Alas, it’s so sad. It’s really so sad. It’s good to recognize someone through one thing, haha…
…Hahaha…
Immediately afterwards, Xu Bowen sent another picture, which was a picture of Hu Kai's circle of friends.
The picture is a screenshot of the Prestige Chat.
The protagonist inside is Jiang Bai, and the unique Erha avatar and nickname are clearly displayed in the picture.
There is no modification, let alone mosaics or something.
The only thing that changed was that Hu Kai himself said was gone in the picture.
It must have been deleted from the chat box.
Jiang Bai: "Hu Kai, what about paying back the money?"
Jiang Bai: "When will you pay back the money??"
Jiang Bai: “Repay the money!
!”
Jiang Bai: "Stop talking nonsense, pay back the money quickly!"
Jiang Bai: "I'll ask you one last question, will you pay back the money yet?"
That's all on the picture.
Judging from this content alone, people who don’t understand the truth may easily think that Jiang Bai is too much.
After all, I have been acquainted with classmates and friends for ten years!
Isn't this an exaggeration to be so aggressive?
It is obvious that Hu Kai is deliberately setting the rhythm.
Their mutual friend made them misunderstand Jiang Bai.
After that, he still commented on his circle of friends: "Don't blame him, I'm just because I'm incompetent and can't climb [laughing and crying]"
Seeing these two pictures, Jiang Bai felt that the anger in his heart was the rising of Zengzhang.
He was so angry that his whole body trembled.
This horse tramples...
What kind of breed of white-eyed wolf is this???
"You may not believe it..."
"I met the real-life version of the farmer and the snake."
Jiang Bai replied.
Farmer and snake, it’s so ironic.
"Did he ask you to borrow money and then drag it over and don't pay it back?" Xu Bowen replied quickly.
"Yes, every time I have various reasons to borrow money. I borrowed a total of 200,000 yuan from me, but I didn't pay it back... I borrowed money from me the day before yesterday, but I didn't give it to him, so he turned against me.
, Later, I simply blocked my prestige."
"Mist grass! He has borrowed so much from you? Actually, I have lent him money too."
"He borrowed money from you, too?"
"Well, but not so much. He borrowed it from me four times, totaling 12,000 yuan. Every time he said he would pay it back soon, but he didn't pay it back at all. After that, he would borrow money from you again..."
"I advise you that if he borrows money again, it is best not to lend it to him unless you plan to not come back."
"well……"
Jiang Bai chatted with Xu Bowen for a few words.
It also made the other party recognize Hu Kai's true face.
If Xu Bowen hadn't come to find him, Jiang Bai wouldn't know that Hu Kai had done such a disgusting thing behind his back.
Has this person's conscience been eaten by a dog?
Even if I didn’t lend him money this time, was the 200,000 I borrowed before to a dog?
punishment!
This time it was a real punishment.
Civil litigation?
Not enough, not enough strength.
If I don’t go to the criminal level this time, I’m sorry for Hu Kai’s performance.
I won’t go to the Jinmai Law Firm, book air tickets, go back to Longcheng, and find a big lawsuit!
After making up his mind, Jiang Bai started to pack up his things.
Just then.
An electronic synthesized sound rang in his mind.
[Dongdou! You have new events to be unlocked (click to view details)]
Hearing this familiar voice, Jiang Bai immediately grinned.
Even Brother Tongzi couldn't stand Hu Kai's actions.
Nothing said.
Unlock!
[Ding! The incident "I owe money but don't pay it back" has been unlocked]
[Incident Name: Owe money and not pay it back]
[Basic Situation: Hu Kai borrowed money from the host three times for different reasons, with a total amount of 200,000. He still refused to repay the money when the host repeatedly asked for it, and blocked the host's contact information, and even publicly slandered it on his circle of friends.
Host……】
[Auxiliary props: Shancheng-Longcheng First Class Air Ticket (click to withdraw)]
【Current completion: 0%】
Everything was normal, but when Jiang Bai saw the first-class air ticket in the auxiliary props, he immediately showed a laughing and crying expression.
Sometimes this system really doesn't play according to common sense.
But this thing is quite useful, at least it is more reliable than the coupons for the Hungry Group Takeaway in a certain incident, and it is also first class.
Jiang Bai immediately packed up his things, checked out, and headed straight to the airport.
...
afternoon.
Seeing Jiang Bai appearing in front of him, Luo Dazhao asked with a smile: "Why, are you changing your mind?"
"I've changed my mind."
Jiang Bai nodded heavily, looked at Luo Dazhang and asked, "I want to know, is it possible that this situation can become a criminal case?"
Things have developed to this point, and just asking Hu Kai to pay back the money can no longer eliminate Jiang Bai's inner anger.
What he wants is not only to pay back the money, but also to let Hu Kai, a heartless thing, bear criminal responsibility!
To achieve this effect, this very tortured man needs to take action.
"How is it? Is it not punishable?" Jiang Bai looked at Luo Dazhao with anticipation.
The latter asked with a smile: "I remember you said yesterday that the reason why the other party borrowed money from you was compiled, right?"
"Well, I called the Rolex store, but nothing happened to him that he broke his watch. As for the reasons he said when borrowing money, I seriously suspect that it was fake!" Jiang Bai gritted his teeth.
"Also, he promises to repay the money every time he borrows money, but he doesn't pay it back every time he gets the time. Is there something wrong, right?"
"have!"
Jiang Bai is focused on the head.
Luo Dazhao slapped his thigh: "That's going to be punished."
"What do you mean?" Jiang Bai asked hurriedly.
"The other party's behavior is not an ordinary economic dispute at all." Luo Dazhu spread his hands, "Borrow money? What's the matter with borrowing money? This is simply a fraud!"
"Scam?"
Jiang Bai blinked.
He is not unfamiliar with this crime.
I think of him, Mr. Jiang, did he officially debut after a fraud case?
A certain anchor named Chen should be able to skillfully step on the sewing machine now, right?
"Luo Dajie, can borrow money between these acquaintances also constitute a fraud?" Jiang Bai asked.
"The crime of fraud refers to the act of using deception methods to defraud public and private property with a large amount of public and private property for the purpose of illegal possession."
Luo Dazhang smiled and explained: "To determine whether a fraud is committed, it depends on whether the perpetrator objectively manifests himself as using fraudulent methods, that is, to fabricate facts or conceal the truth to defraud a large amount of company property."
"The key lies in the word 'fraud'."
"You said just now that the other party's reason for borrowing money is highly likely to be fictional, and he has not realized every time he promises to repay the money."
"And the amount has reached the standard of huge amounts."
"Isn't this a scam?"
"As for those who are acquaintances and unacquaintances, are there few who are killed now? Some people just choose acquaintances!"
After listening to Luo Dazhang's explanation, Jiang Bai's eyes gradually became brighter.
Copy!
It seems to be a scam.
Article 266 of the Criminal Law stipulates that if a fraud of public and private property and the amount is large, he shall be sentenced to fixed-term imprisonment of not more than three years, detention or control, and shall be fined alone;
If the amount is huge or there are other serious circumstances, the sentence shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years, and shall be fined;
If the amount is particularly huge or there are other particularly serious circumstances, the person shall be sentenced to fixed-term imprisonment of more than ten years or life imprisonment, and shall be fined or property confiscated.
The amount was clearly divided in the "Interpretation of Several Issues Concerning the Specific Application of Laws in Handling Criminal Fraud".
If the public and private property defrauded of public and private property worth more than 30,000 yuan, more than 30,000 yuan to more than 100,000 yuan, and more than 500,000 yuan, it shall be determined as "large amount" stipulated in Article 266 of the Criminal Law,"
The amount is huge, "the amount is particularly huge".
Hu Kai borrowed (defrauded) Jiang Bai for 200,000 yuan, and the amount was huge. According to the provisions of the Criminal Law, the sentencing standard is sentenced to fixed-term imprisonment of not less than three years and not more than ten years.
Luo Dazhuang is indeed a very tortured man.
While talking and laughing, he pointed out a clear path to Jiang Bai.
This wave not only needs to get back the money, but also send people in!
"However, whether the crime of fraud can be convicted in the end depends on whether the other party really borrows money with fictitious facts. If those reasons are true, it may not be considered fraud." Luo Dazhao said.
Jiang Bai frowned and said, "Although I don't have definite evidence, based on my understanding of Hu Kai and Hu Leri's performance when he borrowed money for the last time, 99% of the reasons for borrowing money for the previous three times were made up by him.
”
"Then it will be punished, this matter can be punished." Luo Dazhao nodded.
Jiang Bai thought and asked with his eyes lit up: "Can I lend him another 300,000 yuan and give him to the level of fraud crimes that is particularly huge?"
The amount of fraud is more than 500,000 yuan, which is particularly huge, and is sentenced to fixed-term imprisonment of more than ten years!
Luo Dazhao looked at Jiang Bai speechlessly: "Now you both have broken up, and the other party cannot take the initiative to borrow money from you."
"In this case, if you take the initiative to transfer money to him, it will be a property disposal without a wrong understanding. It is a disposal act under self-full awareness, and it is also voluntary..."
"It cannot be considered a fraud, and it is possible that meat buns beat dogs and never return."
Upon hearing this, Jiang Bai curled his lips and could only give up regretfully.
...
Half an hour later.
Jiang Bai walked into Changhe Street Police Station.
"Uncle Lin, I'll report the case."
"I was cheated again, this time I was cheated of 200,000..."