Legal advice. Tangled creditor s rights and debts.

Is there a written basis for the investment? If not, the audio recording can also be used as evidence of audio-visual materials, but it must be verified to be authentic and reliable in order to determine the actual existence of a creditor-debtor relationship between the two of you. After the death of the other party, the heirs shall perform the obligations if there are obligations attached to them, while the heirs or legatees enjoy the rights of the other party.

Get a lawyer, this lawsuit is basically won. The application for enforcement should wait for the judgment to be handed down, and the judge will ask the other party to repay the debt within the time limit, and the application can be made after the time limit.

1. If what you say is the truth, the creditor-debtor relationship exists.

2. **Audio recordings can be used as evidence.

3. If there is evidence, you can determine your creditor's rights.

4. The enforcement procedure is not complicated, you just need to apply.

If you sign an investment contract with the deceased before your death, you can fully follow the regulations, and at the same time you can recover the investment, and the chances of winning by the court are also relatively large, if you did not leave any evidence before your death, the recording can only be used as indirect evidence, and you need to collect other more favorable evidence to prove the creditor's rights and debts you requested. This creditor-debtor relationship exists.

If the court supports the claim, it can enforce the enforcement process, and the applicant is still required to provide clues about the property of the person subject to enforcement, and the more the more conducive to the smooth completion of the enforcement work.

You can also find a debt settlement company, 1761450968, and talk to me.

Summary. If the debt is only agreed not to pay interest for three years, and the repayment IOU is not agreed upon, if the underlying relationship that gave rise to the IOU can specify the performance period, the statute of limitations shall be recalculated from the day after the creditor receives the debt note written by the debtor.

If the debt is only agreed not to pay interest to Pi Xiao for three years, and the repayment IOU is not agreed on without a repayment period, if the underlying relationship that gave rise to the IOU can be clearly defined, the statute of limitations shall be recalculated from the day after the creditor receives the debt note written by the debtor.

I just want to ask me if I'm going to fight this lawsuit, how can I win?

The lawsuit can be sued, as long as the other party does not defend against the statute of limitations, the debt can be performed.

Fulfilling the debt is actually a win.

The problem is that the other party has already filed a statute of limitations.

After the statute of limitations has expired, if the debtor voluntarily performs the debt, the creditor can accept the debtor's repayment and satisfy the creditor's claim; After the debtor has repaid the debt, Tongbi shall not demand that the creditor return the property of the hotel on the grounds that the statute of limitations has expired.

To put it simply, if the other party expresses its willingness to repay the loan, the statute of limitations will be interrupted.

When I talk to the debtor about this kind of thing in private, can I use the audio recording as evidence?

Yes, you can. Because today in the courtroom, the opposing party's lawyer proposed that imitation refers to poor performance. So I lost the first round.

But the court did not make any ruling. Let's get out of court to dismantle the love thing, so I think you take the audio recording as evidence when you have an interview with the debtor. This evidence.

Can this evidence be valid in court?

Effective. The recording itself can be used as evidence.

And you still have a chance to appeal.

As long as you can find evidence that the other party is willing.

It is possible to turn the tables. The collection of this evidence should have nothing to do with the amount of debt and interest, as long as he personally admits the existence of this debt, it has nothing to do with it.

Because if I reconcile with Fan in private, he will definitely not give me the interest according to the law. The most infiltrated state is to repay the principal. In that case, we can't get along. It turned out that I went for the evidence.

Mmmmmmmmmm

I've been borrowing for eight years. Otherwise, I'll lose a lot.

If it's right, being able to repay is the best outcome.

Okay, thank you.

I hope I can win next time.

There are the following types of creditor's rights and debts disputes: contractual debts; tortious debts; Debts without cause; unjust enrichment debts; Disputes over the transfer of creditor's rights and debts; and other disputes. The parties may resolve disputes over claims and debts through negotiation or litigation.

Legal basis: Article 118 of the Civil Code provides that civil subjects enjoy creditor's rights in accordance with law. A creditor's right is the right of the obligee to request a specific obligor to do or not to do a certain act due to contract, tort, management without cause, unjust enrichment and other provisions of the law.

Article 120:Where civil rights and interests are infringed upon, the infringed party has the right to request that the infringer bear tort liability. Article 121:A person who does not have a statutory or contractual obligation to manage in order to avoid losses to the interests of others has the right to request that the beneficiary reimburse the necessary expenses incurred thereby. Article 122:Where others obtain improper benefits because they have no legal basis, the person who has suffered losses has the right to request that they return the improper benefits.

Article 555:With the consent of the other party, one party may transfer its rights and obligations in the contract to a third party. Article 556:Where the rights and obligations of a contract are transferred together, the relevant provisions on the assignment of creditor's rights and the transfer of debts shall apply.

Legal basis. Article 118 of the Civil Code of the People's Republic of China: [Definition of Creditor's Rights] Civil entities enjoy creditor's rights in accordance with law. A creditor's right is the right of the obligee to request a specific obligor to do or not to do a certain act due to contract, tort, management without cause, unjust enrichment and other provisions of the law.

Article 120 of the Civil Code of the People's Republic of China [Assumption of Liability for Creditor's Rights] Where civil rights and interests are infringed, the infringed party has the right to request that the infringer bear tort liability.

Article 121 of the Civil Code of the People's Republic of China [Management without cause] A person who has no statutory or contractual obligation to manage in order to avoid the loss of the interests of others has the right to request the beneficiary to reimburse the necessary expenses incurred thereby.

Article 122 of the Civil Code of the People's Republic of China [Unjust Enrichment] Where others have obtained improper benefits without legal basis, the person who has suffered losses has the right to request the return of the improper benefits.

Article 555 of the Civil Code of the People's Republic of China [Assignment of Rights and Obligations in Contract] With the consent of the other party, one party may transfer its rights and obligations in the contract to a third party.

Civil Code of the People's Republic of China

Article 188: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.

The limitation period is calculated from the date on which the right holder knows or should know that the right has been damaged and the obligor. Where the law provides otherwise, follow those provisions. However, if more than 20 years have elapsed since the date on which the rights were infringed, the People's Court will not protect them, and if there are special circumstances, the people's court may decide to extend it on the basis of the application of the right holder.