Can I live in the debtor s house for a long time to ask for the debt?

First of all, we need to send a lawyer's letter to deter the debtor. Before we go to the court to file a lawsuit, it is also a method to send a lawyer's letter to the other party to give the other party a legal deterrent and achieve the goal of surrendering without a fight.

Then give written notice of the debt to avoid appeasement. It is easy for debt disputes to occur when we are doing business, and once they do, then we have to be decisive. "If a dispute arises because of debts, we must resolutely take legal action to resolve it, and do not delay it again and again because of the small amount and the other party's verbal promises.

In many cases of payment disputes, the final inability to recover the payment is caused by the parties' "appeasement and adultery".

Subsequently, we applied to the court to freeze the other party's assets before filing the lawsuit. After the court decides in favor of the case, sometimes because the debtor has no enforceable property, there may be a phenomenon of winning the lawsuit and losing money. When filing a lawsuit, pre-litigation preservation measures should be taken first, and the court should be applied to quickly seize and freeze the debtor's assets, which can also be understood as the first step in the final execution of the winning money.

At the same time, it should be noted that, according to the law, the parties must file a lawsuit within 15 days of applying for pre-litigation preservation, otherwise the pre-litigation preservation will be invalid.

Finally, we need to pay attention to the issue of the statute of limitations. "If one of the parties to the lawsuit is an individual, the application for enforcement within one year after the judgment is won, and if both parties are legal persons, the application for enforcement is valid within six months after the judgment is won. If you do not apply for enforcement within the statutory time limit, you will lose the right to apply for enforcement.

Both judges held that the issue of the statute of limitations for applying for enforcement must be brought to the attention of the applicant for enforcement. Inushen here to talk about a past case, a lawyer in the ** economic dispute case after winning the case, from the court to get back the judgment, because there are many things, forgot to tell the party, did not apply for enforcement, and when it was found that the statute of limitations had passed, could not apply for enforcement, more than 400,000 won money could not be recovered. In a fit of rage, the client took the lawyer to court.

Although there are not many such things, it is also worth learning as a lesson for creditors.

The above is a detailed introduction to the method of debt collection, I hope the above can provide you with effective help.

You want to eat and live, and you want money.

Legal analysis: 1. The creditor can claim the realization of the creditor's right in a legal way within the scope of the law, so there is no legal restriction on the way to collect debts or negotiate the disposal of debts at the debtor's home, and the law of citizen behavior is unlimited and legal.

2. Although the law is not limited to going to the home to collect debts, it is necessary to grasp the law well, and it is not allowed to interfere with the normal life order of the party to the loss or obviously affect the normal life and work of the other party.

3. Although normal debt collection is not considered illegal invasion of their home, it is not the best way. If no agreement can be reached through negotiation in a debt dispute, it is necessary to file a lawsuit to effectively assert the creditor's rights.

Legal basis: Article 39 of the Constitution of the People's Republic of China provides that the homes of citizens of the People's Republic of China shall be inviolable. It is forbidden to illegally search or illegally infringe on citizens' homes, that is, the inviolability of citizens' homes is a basic right of citizens, which is as important as citizens' rights to personal liberty and personal dignity, and is equally protected by law.

No, you don't. Relatives cannot be approached to demand repayment of debts. During the marriage, the husband and wife share debts and have a joint responsibility to repay them. When a family member dies, those who have an inheritance should be repaid with the inheritance, and those who do not have an inheritance do not need to be repaid.

Legal analysis

According to the relativity of debts, the creditor can only require the debtor to perform the debt, and the debtor's relatives, as unrelated third parties, are not liable for repayment. The relativity of debt means that debt can and can only be binding on creditors and debtors. If the debtor dies and the inheritance is inherited, the heir shall pay off the taxes and debts payable by the decedent according to law to the extent of the actual value of the inheritance.

In principle, the debts owed by the deceased during his lifetime should be repaid from the estate of the deceased. The heirs are also obligated to pay off the debts while inheriting the estate of the deceased. Unless the heirs renounce the right of inheritance, the debts of the deceased during his lifetime shall be repaid by the other heirs.

In the event of the death of one of the husband or the wife, the surviving spouse shall be jointly and severally liable for the joint debts incurred during the existence of the marital relationship. After the creditor files a lawsuit with the court and wins, if the debtor fails to perform the court judgment within the performance period, the creditor can apply to the court for enforcement. When the court accepts the enforcement, it will inquire about the real estate, vehicles, ** and deposits in the debtor's name in accordance with the law.

In addition, if the debtor has no property in his name that can be used for enforcement and he refuses to perform the effective judgment of the court, there will be negative information such as overdue repayment recorded in the individual's credit report, and he will be restricted from high consumption and entry and exit, and may even be subject to judicial detention.

Legal basis

Civil Code of the People's Republic of China Article 1161 The heirs shall pay off the taxes and debts that the decedent shall pay in accordance with the law to the extent of the actual value of the inheritance obtained. The part exceeding the actual value of the estate shall not be subject to voluntary repayment by the heirs. If the heir renounces the inheritance, he or she shall not be liable for the taxes and debts that the decedent shall pay in accordance with the law.

Article 676: Where a borrower fails to repay the loan within the agreed time limit, it shall pay overdue interest in accordance with the agreement or the relevant provisions of the State.

Criminal Law of the People's Republic of China" Article 313:Where a people's court has the ability to enforce a judgment or ruling but refuses to do so, and the circumstances are serious, a sentence of up to three years imprisonment, short-term detention or a fine is to be given; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine. Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph.

Legal Analysis: A debt collector cannot live in a debtor's home. Forcibly entering a dwelling without the permission of the owner of the dwelling, or forcibly staying in another person's dwelling without the permission of the owner of the dwelling, or entering with the permission of the owner of the dwelling, but forcing the owner of the dwelling to leave but not leaving, constitutes the crime of illegal trespass.

Whoever illegally searches another person's body or residence, or illegally trespasses into another person's residence, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention on the basis of relevant laws and regulations. Where judicial residual model personnel abuse their authority and commit the crimes in the preceding paragraph, they are to be given a heavier punishment.

Legal basis: Article 245 of the Criminal Law of the People's Republic of China [Crime of Illegal Search] [Crime of Illegal Invasion of Residence] Whoever illegally searches the body or residence of another person, or illegally trespasses into another person's residence, shall be sentenced to up to three years imprisonment or short-term detention. Where judicial personnel abuse their authority and commit the crimes described in the preceding paragraph, they are to be given a heavier punishment.

Summary. I owe money to others. I can't pay it yet, and the creditor has asked someone to stay with me in my house, what should I do?

Hello, if you owe money to someone else, and the creditor asks someone to live at home, the best way is to pay back the money as soon as possible.

It's best not to always borrow money from others, because if you really can't repay the money at present, tear down the east wall and make up the west wall.

But this is not a long-term solution, you can borrow money from other good friends to pay him back. As the saying goes, you have to learn how to manage your money.

Dear, I hope mine can help you