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Regardless of the cause, the debt needs to be repaid. If there is no cash, your real estate will be used to pay it back, which is also to protect the legitimate interests of creditors. Think about it from another perspective, what is the feeling of not paying you back the money that others owe you, after all, no one's money is blown by the wind.
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Calm, don't panic, in the face of huge debts, few people can stay calm, creditors force debts, bank collection, relatives and friends come to ask for debts, court summonses, repayment pressure is huge, can drive people crazy, but you can't panic, because panic can only mess up the proportions, can not solve the problem.
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I am also in debt, and I only have a few patents to sell, if you can help me sell, 30% of the after-tax income will be used as a remuneration, with a reference of 900,000 yuan and a reference remuneration of 10,000 yuan.
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If you really have no earning capacity and no property, then file for personal bankruptcy.
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What to do if you are in debt and unable to repay.
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The right way to deal with owing so much online loan is about to be overdue:
1. Communicate well, don't refuse to answer**.
After some people are overdue, because they are naturally apprehensive or afraid, they will refuse to accept the collection**, or even block the collection**, but this is actually the wrong approach. Overdue is our fault, so we should face it positively and don't be afraid, overdue is not what we want. Communicate well with the other party and strive to find a reasonable solution and treatment.
2. Give priority to paying off the online loans on the credit report.
Most of the online loans of the nature of consumer finance are subject to credit reporting. In order to avoid damage to our credit information, we can pay off those loans that will be on credit first. If you don't know your credit situation, you only need to search:
Xiaomu data, click to query, enter information in this WeChat applet to query your own credit data. However, with the establishment of Baihang Credit, almost all overdue online loans will affect personal credit in the future, so you must pay attention to borrowing money and borrow money according to your ability.
3. Confess to your family.
In fact, some friends who owe online loans end up confessing to their families and then going ashore, so why should I advise you to do this? In the early days of overdue, when the interest and liquidated damages may not be much, you confess to your family, and then enlist your family's help to pay off the arrears as soon as possible.
Many online loans are overdue because of the support of their families, coupled with their own efforts, not only did they pay off the arrears and go ashore smoothly, but also earned a lot of money by the way. Shore in the morning, early relief!
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According to Article 189 of the Civil Procedure Law of China, the creditor requests the debtor to pay money and value, and if the following conditions are met, the creditor may apply to the basic people's court with jurisdiction for a payment order:
1) The creditor and the debtor have no other debt disputes.
2) The payment order can be served on the debtor.
3) The application shall clearly state the amount of money or valuable ** requested and the facts and evidence on which it is based.
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Legal analysis: 1. If you are temporarily unable to repay your debts, you can negotiate with creditors to repay in installments, postpone repayment or reduce debts.
2. If the other party does not agree to extend or reduce the debt, and wants to sue the debtor, then after the lawsuit, it is necessary to actively respond to the lawsuit and strive to achieve the purpose of repayment in installments or within a time limit in court.
3. If the other party does not agree to extend or reduce the debt, the court will not support it and will repay all the debts within a time limit. If the creditor is able to repay but refuses to pay, the creditor may apply for enforcement. But enforcement does not go to jail because civil liability does not involve criminal issues.
4. If the debtor really has no money to repay, even if the other party wins the lawsuit, the court enforcement officer knows that it cannot be executed without money. Only in the case of refusal to return the money can the court arrest a person (including judicial detention or criminal liability for refusing to comply with a valid sentence).
5. In accordance with legal procedures, the people's courts shall use the coercive power of the state to clarify and specify the specific enforcement content of the legally effective documents, and compel the civil obligor to complete the obligations it undertakes, so as to ensure that the rights of the right holder can be realized.
Enforcement methods include: execution of deposits, execution of income, execution of property, search of property, compulsory delivery, eviction of premises.
Legal basis: Civil Code of the People's Republic of China
Article 108 Debts shall be repaid. If it is temporarily unable to repay, the debtor may repay it in installments with the consent of the creditor or the ruling of the people's court. and where they have the ability to repay and refuse to repay, the people's court is to make a judgment to compel repayment.
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Handling of debts owed too much and unable to repay debts: Chinese law stipulates that debts should be repaid, and if the debtor is temporarily unable to repay, with the consent of the creditor or the ruling of the people's court, the debtor can repay the debt in installments. and where they have the ability to repay and refuse to repay, the people's court is to make a judgment to compel repayment.
Article 577 of the Civil Law Xinzhaodian provides that if one of the parties fails to perform its contractual obligations or its performance of contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses. Article 578:Where one of the parties expressly states or shows by its own conduct that it will not perform its contractual obligations, the other party may request that it bear liability for breach of contract before the expiration of the performance period.
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