If the borrower dies, the borrower does not need to repay the loan

Even if the borrower dies, then he will have parents, spouse, children, etc., and you, as the borrower, still need to repay the money, and need to return the money to the other party's parents, spouse, children, etc.

Owed money is not repaid. 1. There are several steps in the process of suing the court if you owe money and do not pay it back.

There are 5 steps to the court prosecution process for non-payment of money owed. The ordinary procedure will be completed within 6 months. According to the provisions of China's "Civil Procedure Law", if the creditor requests the debtor to pay money and value, it may apply to the basic people's court with jurisdiction for a payment order if the following conditions are met:

The creditor has no other debt disputes with the debtor; The payment order can be served on the debtor.

The approximate procedure for prosecution is as follows:

1. Write a good indictment;

2. Bring evidence and indictment to the court to file a case and pay the litigation fee;

3. After the court reviews and determines the acceptance, it will be heard;

4. Court judgment;

5. Enforcement of judgments.

2. How to sue if you owe money?

According to the provisions of the Civil Procedure Law of China, if the creditor requests the debtor to pay money and valuable, it may apply to the basic people's court with jurisdiction for a payment order if the following conditions are met: the creditor and the debtor have no other debt disputes; The payment order can be served on the debtor.

If the debtor fails to repay the debt within 15 days after receiving the payment order issued by the people's court, or fails to raise a written objection to the people's court, the creditor may apply to the people's court for compulsory enforcement.

3. Can't I call the police if I owe money?

The failure to repay the money owed is a civil dispute and is not within the jurisdiction of the public security organs, and cannot be handled by the police. However, the parties may resolve the debt dispute through negotiation, and if the dispute cannot be resolved through negotiation, they may file a lawsuit with the people's court and resolve the dispute through the people's court.

Article 3: The provisions of this Law apply to people's courts' acceptance of civil litigation raised between citizens, legal persons, other organizations, and between them on the basis of property and personal relationships.

Article 21: The people's court for the defendant's domicile has jurisdiction over civil litigation initiated against citizens; Where the defendant's domicile is inconsistent with the defendant's habitual residence, the people's court for the habitual residence has jurisdiction.

The people's court for the defendant's domicile has jurisdiction over civil litigation initiated against legal persons or other organizations.

Where the domicile or habitual residence of several defendants in the same litigation is in the jurisdiction of two or more people's courts, each people's court has jurisdiction.

Does the borrower have to repay the borrower when the lender dies?

When a creditor dies, the debtor's obligation to repay is not extinguished by the death of the creditor, and the debtor also needs to pay off the debt. In the debt-loan contractual relationship, it is common for one party to lend money to the other party for various reasons, and the two parties have formed a creditor-debtor relationship, and the creditor-debtor relationship of the source group will not be extinguished by the death of the borrowing party.

1. If the debtor retains an inheritance, the inheritance of the heir shall pay off the taxes and debts that the decedent shall pay in accordance with the law, limited to the actual value of the estate;

2. There is also a certain truth in "repayment of debts from father and son", but with conditions, if the debtor has no property and the debtor's heirs have no inheritance, they will not bear the responsibility for repayment;

3. If the creditor wants to recover the debt, the first thing to see is whether the debt is a personal debt or a joint debt of the husband and wife, if it is a joint debt of the debtor and the husband and wife, it can submit a repayment request to the debtor's spouse;

4. If it is a personal debt of the debtor, it depends on whether the debtor has an inheritance, and if there is no inheritance, it has no right to require the debtor's heirs to repay;

5. If there is an inheritance, you can ask the debtor's legal heirs for repayment.

Legal basisArticle 1161 of the Civil Code of the People's Republic of China.

The heirs shall pay off the taxes and debts that the decedent shall pay in accordance with the law within the actual value of the inheritance. 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.

Legal analysis: After the death of the lender, the borrower still needs to repay the loan, and after the death of the lender, the decedent shall pay off the taxes and debts that the decedent should pay according to the law, and the payment of taxes and debts shall be limited to the actual value of his estate. The part exceeding the actual value of the estate shall not be subject to voluntary repayment by the heirs.

Legal basis: Article 1163 of the Civil Code of the People's Republic of China Where there is both statutory inheritance and testamentary succession or bequest, the legal heirs shall pay off the taxes and debts that Li Shichen's decedent shall pay in accordance with law; The part exceeding the actual value of the statutory inheritance shall be repaid by the testamentary heirs and legatees in proportion to the inheritance.

After the death of the lender, the borrower still needs to repay the loan, and after the death of the lender, the borrower shall pay off the taxes and debts that the decedent shall pay according to law, and the payment of taxes and debts shall be limited to the actual value of his estate. The part exceeding the actual value of the estate shall not be subject to voluntary repayment by the heirs.

Legal basis: Article 1163 of the Civil Code of the People's Republic of China Where there is both statutory inheritance and testamentary succession or bequest, the legal heirs shall pay off the taxes and debts that the decedent shall pay in accordance with law; The part exceeding the actual value of the statutory inheritance shall be repaid by the testamentary heirs and legatees in proportion to the inheritance.

Legal Analysis: Yes. The borrower dies and still needs to be repaid.

Lenders can request repayment from their heirs. The borrower's heirs are required to pay off the debts of the deceased to the extent of the actual value of the estate, unless the heirs voluntarily repay the part of the estate in excess of the actual value of the estate.

Legal basis: Civil Code of the People's Republic of China

Article 667 A loan contract is a contract in which the borrower borrows money from the lender and returns the loan at maturity and pays interest.

Article 680:Usurious lending is prohibited, and the interest rate on loans must not violate the relevant provisions of the State. If there is no agreement on the payment of interest in the loan contract, it shall be deemed to have no interest. If the loan contract is not clear about the payment of interest, and the parties cannot reach a supplementary agreement, the interest shall be determined in accordance with factors such as the local area or the parties' transaction methods, trading habits, and market interest rates; Where natural persons borrow money between themselves, it is deemed that there is no interest.

Article 18: Adults are persons with full capacity for civil conduct and may independently carry out civil juristic acts. Minors over the age of 16 who rely on their own labor income as their main livelihood** are to be regarded as persons with full capacity for civil conduct.