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Individually-owned businesses bear unlimited liability for their debts and will not be held legally responsible.
Individually-owned businesses bear unlimited liability for their debts, that is, if they operate individually, the debts they bear shall be borne by their personal property; If it is run by a family, it shall be borne by the family property, not only by the property that has been put into operation. Where a sole proprietorship obtains a business license and the family members jointly operate the business, it may be found to be a family business, and the debts are to be paid off with the common property of the family. Where an individual applies for registration to invest in the common property of the family, and the proceeds are used jointly by the family members, it shall be regarded as a family business, and its debts shall be borne by the common property of the family.
During the existence of the relationship between husband and wife, if one party engages in an individually-owned business, his income shall be the joint property of the husband and wife, and the debts shall be paid off with the joint property of the husband and wife. When the debts of the individual business are borne by the joint property of the family, the necessary living expenses and production tools of the family members, especially minors and those who do not have a livelihood, shall be retained.
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Article 29 of the General Principles of the Civil Law stipulates that the debts of individual industrial and commercial households, which are operated by individuals, shall be borne by personal property; If it is run by a family, it shall be borne by the family property.
That is, individual industrial and commercial households that apply for registration in the name of individuals, and whose personal operations and profits also belong to individuals, shall be personally liable for debts; Where the joint family property is invested, or the main part of the income is used for consumption by family members, the debts shall be paid off by the common family property; During the existence of the marital relationship, if one party engages in the operation of an individual industrial and commercial household, and its income is the joint property of the husband and wife, its debts shall be paid off by the joint property of the husband and wife; Where all members of the family jointly contribute capital and operate together, their debts shall be paid off by the joint property of the family.
The property liability of individual industrial and commercial households is unlimited liability, and individuals need to bear unlimited liability for their operations, and bear the liability for compensation for possible debts with their personal property.
You're tragic, you can run away
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Well, yes, the creditor sued you and demanded that you repay the debt, and the court accepted it.
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Individually-owned businesses bear unlimited joint and several liability for their debts with the personal property of the owner, which means that if your store fails, you still have to compensate the creditor.
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The legal status of a self-employed person is similar to that of a natural person, so you must be liable for your other personal property.
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Legal basis:
Civil Procedure Law of the People's Republic of China
Article 232:Where the person subject to enforcement fails to perform the obligation to pay money within the period specified in the judgment, ruling, or other legal documents, the interest on the debt for the period of delayed performance shall be doubled. Where the person subject to enforcement fails to perform other obligations within the period specified in the judgment, ruling, or other legal documents, a penalty for delayed performance shall be paid.
Opinions of the Supreme People's Court on Several Issues Concerning the Application of the Civil Procedure Law of the People's Republic of China
279. The people's court shall issue a notice of enforcement as provided for in article 220 of the Civil Procedure Law within 10 days of receiving the application for enforcement. In addition to ordering the person subject to enforcement to perform the obligations set forth in the legal documents, the enforcement notice shall also notify the person to bear the interest or penalty for delayed performance as provided for in article 232 of the Civil Procedure Law.
294. The doubling of the payment of interest on debts during the period of delayed performance as provided for in article 232 of the Civil Procedure Law refers to doubling the interest on debts calculated at the highest interest rate of bank loans for the same period.
Check the specific interest rate to the People's Bank of China**.
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Article 108 of the General Principles of the Civil Law stipulates that "debts shall be repaid. If it is temporarily unable to repay, the debtor may repay it in installments with the consent of the creditor or the ruling of the people's court.
and where they have the ability to repay and refuse to repay, the people's court is to make a judgment to compel repayment. "It follows that it is certain that the debtor must repay the debt.
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1. The enterprise confirming the settlement of debts shall not only settle with the buyer on the type, amount and quantity of each transaction, but also settle the total transaction volume of the business, which shall be signed and sealed by both parties and archived for storage. 2. Reminder noticeThe reminder notice should not be used only when the buyer does not make the payment on time. A valid dunning notice should be divided into three parts:
Within a week or two before the payment deadline. Within three days after the payment period Within three days after the grace period.
3. The role of sending a lawyer's letter and a reminder notice is basically the same, but it is more formal and can attract sufficient attention from the other party. 4. Determine the arrears collection planThe arrears collection plan must be determined according to the actual situation, and it is necessary to consider the cooperative relationship between your company and the other party, the actual operation of the other party and the cost of the collection plan. 5. The effectiveness of non-litigation collection depends on the personal ability of the debt collector, the actual situation of the buyer and other factors, and must be carried out according to the specific circumstances in combination with the collection notice, lawyer's letter, etc., and cannot be generalized.
6. Litigation MethodAlthough the litigation method takes a long time and increases the litigation fees, lawyer fees and other expenses, it is more authoritative and effective, and is the best solution to solve the problems of long-term arrears and refusal to pay for goods by the debtor. Legal basis: Article 191 of the Civil Procedure Law of the People's Republic of China Where a creditor requests the debtor to pay money or value, and meets the following conditions, it may apply to the basic people's court with jurisdiction for a payment order:
1) The creditor and the debtor have no other debt disputes; (2) The payment order can be served on the debtor. The application shall clearly state the amount of money or valuable ** requested and the facts and evidence on which it is based. Article 215 of the Opinions of the Supreme People's Court on Several Issues Concerning the Application of the Civil Procedure Law: If a creditor applies to the people's court for a payment order, the people's court shall accept it if the following conditions are met, and notify the creditor within five days of receiving the application:
1) Requests for payment of money or bills of exchange, promissory notes, checks, bonds, treasury bills, negotiable certificates of deposit, etc.; (2) The amount of money or value requested has expired and the amount is determined, and the facts and evidence on which the request is based are clearly stated; (3) the creditor has no obligation to pay; (4) The payment order can be served on the debtor. If the above conditions are not met, the notice will not be accepted.
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Start by solving the problem you want to know the most, you are not paying back the responsibility, you are just performing your duties.
Secondly, after the company is deregistered, whether the debts that should be repaid can be returned. This is complicated and there is no exact answer (I have found that many people need an accurate and unique answer to a legal question, which is in itself wrong). It is necessary to see whether the shareholders have fulfilled the company's cancellation in accordance with laws and regulations, whether there is any insolvency, whether there is a notice to the debtor, and even whether the account books are complete.
Theoretically, there is no entity after the company is deregistered, but in practice and in the law, there are many additional shareholders as defendants.
PS: The person who paid the deposit asks for it, and you are not obliged to ask your boss for them. Secondly, if you still have to ask these people, you give 2,000 yuan to the one who only drinks morning tea, which also increases your credibility.
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According to what you said, what you should perform is an act of duty, and the merchant has no right to ask you for money. If the company is illegally deregistered, the pledgee at the time of deregistration should be liable. In short, the merchant should find the company to ask for it, and it has nothing to do with you.
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Find a lawyer, write a complaint, then apply for property preservation, and then wait for the judgment to auction off the property.
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Is there a repayment contract between you? It is advisable to give the other party a written notice of repayment and keep the evidence. Take the court where the defendant is located as the court of prosecution, provide proof of arrears, your identity certificate, write the indictment yourself, and after the evidence materials are accepted by the court filing court, a copy of the indictment and a summons will be served on the defendant within a certain period of time (7 days), and the advance payment of litigation fees is generally less than 50,000 yuan and will be charged at 4%.
30,000 yuan is 1,210 yuan, that's probably it.
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Local methods, methods, methods, methods.
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China's laws stipulate that the legal debt interest is the maximum interest rate for private lending stipulated in the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases, that is, the interest rate that is protected and recognized by law. Article 26.
Where the interest rate agreed upon by the borrower and the borrower does not exceed 24% per annum, and the lender requests the borrower to pay interest at the agreed interest rate, the people's court shall support it. If the interest rate agreed between the borrower and the borrower exceeds 36% per annum, the interest agreement on the excess part shall be invalid. Where the borrower requests the lender to return the interest paid in excess of 36% of the annual interest rate, the people's court shall support it.
Recommend a purchase channel to you, China Sports Network is good, if you have a source of customers, you can get the goods on them, that ** will be more suitable, and it must be a big brand**.
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