Debt disputes, skills to realize creditor s rights, lawyers please come in!

1. If the other party agrees, you can ask him to re-sign the guarantee contract and register with the relevant department. Or directly sign a pledge contract and pledge the car to you, and you leave the car, which can guarantee your creditor's rights;

2. Find out who owns the house he lives in, that is, whose name is on the real estate deed

3. Try to avoid letting him divorce and thus cause the transfer of personal property, which will be detrimental to the realization of your creditor's rights

4. You can find someone to gualate, and his parents can also vouch, and the guarantee indicates that the guarantor is jointly and severally liable. It is better to find someone who has more personal property to vouch for him.

5. Of course, if you want to sue now, when his divorce procedures are completed and the property transfer is completed, there will be no enforceable property.

6. In addition, it is necessary to pay attention to understand whether he has no creditor's rights that have not been exercised outside, whether there is any transfer of donated property, low-priced property, if so, generally in the case of the maturity of the creditor's rights, the creditor's right of subrogation and revocation can be implemented.

1 Does his wife know about your debt?If his wife does not know, or does not agree at all, then the debt is his personal debt and cannot be repaid with the joint property of the husband and wife.

2 Now let him sign a contract or a guarantee contract for you, is he willing?What you have to consider is the actual situation, he is already in debt, and he is considering divorcing his wife. Do you think he'd be so stupid now to confirm the fact that he owes money?

3 The ownership of the car mortgaged by the bank is still owned by the bank, which is legally called retention of ownership, and the bank's debt is preceded by your debt repayment because it is secured by the car.

4 Since the family lives together, even if the house is owned by him personally, it cannot be disposed of as a whole, and the situation of the elderly must be taken into account.

At present, you can only cross the river by feeling the stones. If you want to pay for debts, you must start first, don't wait for the husband and wife to divorce before collecting debts, otherwise there is no *** in the property. And when necessary, you need to apply for property preservation, and you can learn about the opening of his account through debt transactions, so as to provide clues for freezing and investigation.

According to what you said, it seems that only his house will make you a debt, but to solve the problem of your parents' residence, it must be considered legally.

It's not easy to do.

If the car is sold to you, you can negotiate to only transfer the loan from the financing institution, and not pay him the part of the down payment and the mortgage part he paid when he bought the car before, if you really need a car, you can use this method to let your friend indirectly pay you a part of the loan, and your risk can also be reduced; If you just mortgage the car to you, your right is not to love the protection of the law, but that the money for the auction car will first meet the financing institution, and the financing institution has handled the mortgage, and there is a priority to be repaid.

Debt disputes refer to all kinds of vicious incidents of debt evasion, debt evasion, debt collection, and debt matching.

Creditor's rights and debts disputes are a common kind of disputes in daily life, which are conflicts and disputes arising from requests for others to be the subject of rights for certain acts, and requires the party with the obligation to perform the act to perform the relevant acts.

Debt disputes are an inevitable product of people's daily life, and whether or not debt disputes can be handled in a timely and fair manner not only directly affects the interests of the parties to the dispute, but also has a long-term impact on the country's economic development and the building of the legal system.

The Civil Code stipulates that if a dispute arises from the debtor's failure to repay the debt, it is a debt default, and the creditor may require the debtor to bear the liability for breach of contract, and the two parties may resolve the dispute through negotiation, arbitration or litigation.

Civil Code of the People's Republic of China

Article 577: [Liability for breach of contract]Where 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 liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.

Article 578:[Liability for Anticipated Breach of Contract]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.

Article 3 of the Civil Procedure Law of the People's Republic of China is the scope of application.

The provisions of this Law apply to the people's courts' acceptance of civil lawsuits brought between citizens, legal persons, and other organizations, as well as between them due to property and personal relationships.

Article 119:Requirements for initiating a lawsuit must meet the following requirements:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

2) There is a clear defendant;

3) There are specific litigation claims, facts, and reasons;

4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

The above is only the current information combined with my understanding of the law, please refer to it carefully!

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.

Legal Analysis: Debt disputes** should pay attention to the following points.

For the first draft, the plaintiff should pay attention to the statute of limitations. According to the relevant provisions of the Civil Code, the statute of limitations for debt disputes is 3 years, calculated from the date on which the creditor knows the source of the key or should know that the rights have been infringed. The plaintiff should pay attention to whether the statute of limitations for the debt has elapsed.

This means that if the plaintiff does not assert its rights against the debtor or sue or arbitrate against the debtor during the litigation period, the plaintiff loses the right to win the lawsuit. If the debtor claims the debt in court after the statute of limitations has elapsed and is found to be a fact by the court, the debtor may not perform its debts.

Second, the plaintiff should collect relevant evidence. Litigation evidence occupies an important position in civil litigation, and creditors can only protect their rights by relying on evidence. Creditors must pay attention to the preservation of documents, documents, all kinds of contract texts, all kinds of documents, bills, letters and telegrams and other documentary evidence, and also pay attention to the collection of physical evidence and audio-visual materials such as audio recordings and fax materials.

Legal basis: Civil Procedure Law of the People's Republic of China Article 64 The parties have the responsibility to provide evidence for their own claims. The people's court shall investigate and collect evidence that the parties and their litigants are unable to collect on their own for objective reasons, or evidence that the people's court finds necessary for the trial of the case.

The people's courts shall follow legally-prescribed procedures to comprehensively and objectively review and verify evidence.

Article 188 of the Civil Code of the People's Republic of China: The statute of limitations for requesting protection of civil rights from the people's courts is three years. Where the law provides otherwise, follow those provisions.

Clause. 1. Conciliation Law. Negotiation and settlement refers to the negotiation of the creditor's rights and debtors on the basis of voluntary and mutual understanding, or inviting the third person to mediate and resolve the dispute.

When the creditor's right is due or about to expire, if the debtor is temporarily unable to repay the debt but has the sincerity to repay the debt, the creditor may negotiate with the debtor on the term, method and amount of the debt to be performed, and urge the debtor to perform the debt or sign a repayment agreement. If the creditor's right is secured by a mortgage or a third party provides security, the creditor may negotiate with the mortgagor or the guarantor to enable the mortgagor to pay off the debt with sufficient collateral assets, or the guarantor may repay the debt on behalf of the guarantor.

Clause. 2. Mediation Law. A written application for mediation may be submitted to the local people's mediation committee. Yamano's application for mediation shall meet the following conditions:

l. Have a clear basic information about the person being applied for mediation, such as a citizen, a legal person, etc.

2. There are specific mediation requirements, such as requiring the respondent to fulfill the repayment obligation.

3. There is a factual basis for the mediation application, such as a loan contract, a guarantee agreement, etc.

4. The dispute falls within the scope of acceptance by the People's Mediation Committee. After reaching an agreement through mediation, the debtor shall perform its obligations according to the agreement and shall not modify or terminate the agreement without authorization. If the debtor repents or partially repents after signing the agreement, the creditor may file a lawsuit with the people's court to request that the other party be ordered to perform the mediation agreement.

Clause. 3. Arbitration Law. According to the provisions of the Arbitration Law of the People's Republic of China, arbitration uniformly implements the final system of either adjudication or adjudication, and the final adjudication system of one adjudication, which is more conducive to the rapid settlement of disputes between the parties than the two-instance final adjudication system of litigation.

When applying for arbitration, the parties shall submit the arbitration agreement, the statement of application and a copy thereof to the arbitration institution. The application should contain in detail the name, gender, age, occupation and other circumstances of the parties and the factual reasons. Resolving debt disputes through arbitration has strong confidentiality, and most of the parties are not fiercely confrontational.

In addition, the cost of filing for arbitration is generally lower than the cost of filing a lawsuit.

Clause. 4. Procedural Law. Debt dispute litigation is a civil lawsuit. For some cases that are more complicated, difficult for the other party to deal with, or difficult to resolve through other means, the creditor may choose the litigation procedure to resolve the case. The advantages of litigation are as follows:

1. The court's handling of debt disputes is the final and enforceable way to resolve them.

2. The time limit for litigation is strictly limited by law.

Legal Analysis: Creditors should deal with debt disputes in the following ways:

1. Creditor's rights and debts disputes, and repayment of property. It is the basic purpose of general creditor's rights and debts disputes for creditors to demand that the debtor perform the obligations of the debts it bears, so as to protect its own interests. Clause.

2. Creditor's rights and debts disputes, seek justice. The creditor fulfills the obligation of the debt through the debtor, so as to reflect or maintain social fairness and reasonableness. Clause.

3. Establish an image for creditor's rights and debts disputes.

Legal basis: Civil Procedure Law of the People's Republic of China

Article 120:The indictment shall be submitted to the people's court, and a copy of the complaint shall be submitted in accordance with the number of defendants. Where it is truly difficult to write a complaint, the complaint may be filed orally, and the people's court will record it in the record and inform the opposing party.

Article 122:Where parties sue in a civil dispute brought to the people's court, where mediation is appropriate, mediation is to be conducted first, except where the parties refuse to mediate.

Creditor's rights and debts disputes can be resolved by means of conciliation, arbitration and litigation, if the settlement fails, but the person has not agreed on the arbitration agreement or arbitration clause, a lawsuit can be filed, as long as the plaintiff who filed the lawsuit has a direct interest in the case, there is a clear defendant, and the lawsuit can be filed if it meets the conditions for a banquet lawsuit stipulated by law.

Legal basis] Article 119 of the Civil Procedure Law.

The following conditions must be met for a prosecution:

The plaintiff is a citizen, legal person or other organization with a direct interest in the case;

2) There is a clear defendant;

3) There are specific litigation claims, facts, and reasons;

4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

Article 120.

A complaint shall be submitted to the people's court, and copies shall be submitted in accordance with the number of defendants.

Where it is truly difficult to write a complaint, the lawsuit may be filed orally, and the people's court will record it in the record and inform the other party of the complaint.