Can I Sue to Recover Unpaid Debts?

I would like to inquire about a situation where, in 2018, I lent Mr. B an amount of 40,000,000 VND. However, there is no loan document, only verbal agreements and a bank transfer slip. The repayment deadline was the end of 2019. That year, Mr. B managed to repay 10 million, but until now, despite multiple demands, he has not settled the debt. Can I file a lawsuit to claim the money?

She lent Mr. B money, this is a civil transaction under the provisions of the Civil Code 2015.

Civil transactions are expressed verbally, in writing, or by specific conduct.

In this case, if there is no written loan document, it is possible to consider the verbal agreement and specific conduct regarding the loan as the basis to determine that a transaction has occurred and both parties have engaged in this loan transaction.

Clause 1, Article 466 stipulates: The borrower of money must repay the full amount when it is due.

If at the due date Mr. B does not repay the money to her, it will be considered a breach of the obligation to repay on time. Therefore, in this situation, if Mr. B has been overdue for a long time and still has not repaid the full amount, she has the right to file a lawsuit requesting the Court to compel Mr. B to repay the money to her, protecting her rights (Clause 1, Article 4 of the Civil Procedure Code 2015).

In this case, she must provide evidence proving that the loan has occurred and that the due date has passed without Mr. B fully repaying the money (this evidence should be included with the lawsuit).

She may submit the lawsuit at the People's Court of the district where she resides or where Mr. B resides.

Respectfully!

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