What should I do if I can t contact the person in arrears

If the debtor cannot be found and cannot be contacted, the specific handling method is as follows:

1) The debtor cannot be contacted for more than two years. If the debtor has been missing for more than two years, he may apply for a declaration of disappearance in accordance with the laws of China. The subject applying for a declaration of disappearance shall be a relative or interested party of the debtor, and if the creditor is an interested party, it may apply for a declaration of disappearance.

After being declared missing, the property of the missing person is to be kept by his or her spouse, parents, or other close relatives or friends. Taxes, debts and other expenses owed by the missing person are paid by the custodian from the missing property.

2) The debtor has been in contact for less than two years. The statute of limitations can be extended.

According to the laws of China, if the right to claim cannot be exercised due to force majeure or other obstacles within the last six months of the statute of limitations, the statute of limitations shall be suspended. The statute of limitations period shall continue to run from the date on which the reasons for the suspension of the statute of limitations are removed.

First of all, when you go to the court to file a case, you must have the clear identity information of the debtor. Generally, the creditor can make a copy of the debtor's ID card at the time of the initial loan or the transaction, and at least copy the ID number. We often find that there are many people with the same name as the debtor in the same place, which brings great trouble to the ** lawyer and the household registration department, and sometimes even the accurate identity information of the debtor cannot be investigated, resulting in the case being unable to be filed in the court.

Second, what should the court do if it cannot contact the debtor? When the court is unable to serve the summons to the defendant directly, by mail, or by lien, in accordance with the relevant provisions of the Civil Procedure Law, the court shall serve the summons on the defendant by public notice, and after the expiration of the public notice, the court may hear and make a judgment in absentia, and then serve the judgment to the defendant by way of public announcement after the judgment, and the judgment will take effect after the expiration of the public notice.

Finally, on the issue of the execution of the case. If the debtor has property in his name, he should apply for property preservation as soon as possible before or after filing a lawsuit, and if the debtor owes a large amount of money to the outside world and has a large number of people, he should try his best to preserve the property of the debtor before other creditors, so as to ensure the enforcement of the judgment after the case. If the debtor has no property in his name for the time being, the court will generally suspend the enforcement, and at any time in the future, if the debtor is found or finds clues about his property, the court may immediately take enforcement measures to realize the party's claims in a timely manner.

In addition, the court may also rule based on the circumstances of the case to restrict the debtor's high-spending behavior, and include the debtor in the list of judgment defaulters, so as to promote the enforcement of the case.

Therefore, when the debtor lacks the sincerity to repay the loan and cannot contact the debtor, the parties should make a decision in time to protect their legitimate rights and interests as much as possible.

What should I do if I can't find the person in arrears?

Since the debtor is already an adult, he should be liable for repayment and has no relationship with his parents. If the debtor has his own property, he can use his own property to pay off the debt.

You can take the IOU written to you by the debtor and go to the court to sue him, and let the court announce the service of the indictment, and the default judgment will be made after the trial in absentia. After the judgment takes effect, you can apply to the court for enforcement. When the debtor can be found, the court will resume enforcement.

What should I do if I can't find the person in arrears?

If the debtor cannot be contacted, the creditor can directly sue the court and the court will make a judgment. First of all, when the debtor cannot be contacted and his whereabouts are unknown, the court can use the form of public notice to serve the legal documents, and it is not necessary to deliver the legal documents to the debtor, and if the debtor does not appear in court to participate in the litigation, the court can also make a default judgment. Furthermore, if there is a clear guarantor for the loan, the creditor may also list the guarantor as a defendant and require the guarantor to bear joint and several liabilities for repayment. In the case of a general liability guarantor, if the debtor fails to perform the effective judgment, the creditor may sue the guarantor and require it to bear the guarantee liability.

Finally, under normal circumstances, after winning the lawsuit, the debtor can apply for enforcement if the debtor still does not repay the arrears. The court has the right to seal the house where the person subject to enforcement and his or her family live, but it will not be auctioned.

Legal basis. Article 92 of the Civil Litigation Law of the People's Republic of China (2017 Revision) Where the whereabouts of the person to be served by the public notice are unknown, or it cannot be served by other means provided for in this section, the public notice shall be served. Sixty days from the date of issuance of the announcement shall be deemed to have been served.

Where the public notice is served, the reasons and process shall be noted in the case file.

Article 245 of the Civil Procedure Law of the People's Republic of China for the Blind (2017 Revision): Seizure ProceduresWhen the people's court seals or seizes property, and the person subject to enforcement is a citizen, it shall bury the person subject to enforcement or his adult family members to be present; Where the person subject to enforcement is a legal person or other organization, their legally-designated representative or principle responsible person shall be notified to appear. Where they refuse to appear, enforcement is not impacted. Where the person subject to enforcement is a citizen, the basic level organization where their work unit or property is located shall send people to participate.

For property that has been sealed or seized, the executor must make a list, and after the person present signs or affixes a seal, give a copy to the person subject to enforcement. If the person subject to enforcement is a citizen, he may also give a copy to his adult family members.

If the debtor cannot be contacted, he shall promptly file a lawsuit with the people's court to resolve it, and apply for compulsory enforcement after the judgment takes effect.

Steps to Litigation in the People's Court:

1. Write a complaint, and the number of copies is the number of defendants + 1. A copy of your ID card; If the defendant is a legal person or other unit of the company, a copy of the business license, a copy of the identity certificate of the company's legal representative, and a copy of the organization's ** must be submitted;

2. File the case in the people's court of the defendant's place and pay the litigation fee. If the defendant is a legal person or other unit of the company, a copy of the business license, a copy of the identity certificate of the company's legal representative, and a copy of the organization.

Legal basis] Article 120 of the Civil Procedure Law states that a complaint shall be submitted to the people's court, and a copy shall be submitted according to the number of defendants. Where it is truly difficult to write a complaint, a lawsuit may be filed orally, and the Yinmao People's Court will record it in the record and inform the other party that it is being sold.

If the debtor cannot be contacted, he may sue the people's court;

After making a judgment, if the other party does not perform the judgment obligation, it may apply to the people's court for compulsory enforcement.

The parties must perform on legally effective civil judgments and rulings. If one party refuses to perform, the other party may apply to the people's court for enforcement, or the adjudicator may transfer it to the enforcer for enforcement.

Article 123 of the Civil Procedure Law provides that a complaint shall be submitted to the people's court, and copies shall be submitted according to 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.

The debtor can't be contacted, how to sue, go to sue.

If you can't find the debtor, you can sue the other party to repay the money in your own place of household registration or the other party's place of residence.

Regardless of whether the debtor can be found, in principle, if you file a lawsuit, you should go to the people's court of the other party's domicile, and if the domicile is not the same as your habitual residence, you should go to the court of the other party's habitual residence.

I can't get in touch if I don't pay back the arrears.

If you owe money and can't contact someone, it should be resolved in three situations. As follows: 1. If the debtor has been missing for less than two years, then the statute of limitations can be extended; 2. If the debtor has been missing for more than two years, he may apply for a declaration of disappearance.

The subject of the application for declaration of disappearance should be the debtor's relatives and interested parties; 3. If the debtor maliciously evades debts, the creditor may directly file a lawsuit with the court of the debtor's original residence within the time limit for litigation.

Civil Code of the People's Republic of China

Article 42: The assets of missing persons are to be managed by their spouses, adult children, parents, or other persons who are willing to serve as custodians.

Where there is a dispute over custody, and there is no person provided for in the preceding paragraph, or the person provided for in the preceding paragraph does not have the capacity for escrow, the person designated by the people's court is to take custody on hold.

Legal basis.