The dishonest person is executed and is unable to pay back. Can I collect the money myself?

If you are executed but unable to repay, you can either recover the money yourself, or you can ask the local legal department to enforce it against him.

Because the other party owes you money, it doesn't matter if the other party has the ability to repay your debt after being enforced? You have the right to continue to collect the money yourself.

I think of course not, because he has already been executed, and he has no ability to return it to you, and he will definitely need to wait for notice.

Now that the collection has been executed. He will pay it off slowly, and it is recommended that you still don't chase the money yourself and don't do stupid things. On the contrary, if the money doesn't come out, he will put himself in. It's not worth it.

If it is executed, it cannot be collected by itself, which is illegal.

Self-reliance is possible, but if you want to collect debts, you must do so within the scope of the law, and you can't violate the law.

If you are executed and unable to repay, how do you recover the debt? You can go ahead and contact him. Ask him to pay him back, but don't use violence and intimidation.

You can also sign an agreement with him, for example, if he is still working, he can pay it back in installments, if he can't pay it back with a lump sum for the time being.

Can you talk?

Please elaborate on the specific situation.

If you are unable to repay the money, you can recover the money, but the recovery is time-limited, but if the time limit expires, it may not make much sense for you to pay the money.

If the person subject to enforcement is temporarily unable to enforce the debt, the creditor can negotiate with the debtor to repay the debt in installments, and if it has no income and loses the ability to work, the court can terminate the enforcement.

Article 536 of the Civil Code: Before the maturity of the creditor's creditor's right, if the debtor's creditor's right or the subordinate rights related to the creditor's right are about to expire or the bankruptcy creditor's right is not declared in a timely manner, which affects the realization of the creditor's creditor's right, the creditor may subrogate to the debtor's counterpart to request it to perform to the debtor, declare to the bankruptcy administrator or take other necessary acts.

Precautions for application execution

1. The application for execution must be signed by the applicant himself. If the applicant is a unit, it must be signed by the legal representative of the unit and stamped with the official seal of the unit. If the applicant is abroad, the application must be authenticated by the embassy or consulate of the country where the applicant is located.

2. If the applicant is an individual, a copy of his or her ID card must be submitted. If the applicant is a unit, a copy of the business license of the legal person, a copy of the certificate of the legal person organization, the original identity certificate of the legal person, and a copy of the ID card of the legal representative shall be submitted. If the applicant is a foreigner, the copy of the passport must be authenticated by the embassy or consulate of the country where the applicant is located; If the applicant is a foreign enterprise, the copy of the passport and the procedures to prove the business qualification of the foreign enterprise must be authenticated by the embassy or consulate of the country where the applicant is located.

The above content refers to the Encyclopedia - Civil Code.

In fact, in the economic and social operation, it is very common for the person subject to enforcement to be unable to repay the loan.

In the past, our practice was that individuals entrusted various loan collection companies to use methods that you could not think of to force the person subject to enforcement to repay the loan in a new round; If the court ascertains that the assets in the name of the person subject to enforcement have no assets to be executed, they will be included in the list to be recovered, and it is now popular to add a list of dishonesty.

But there's a way we don't think of it, or think of it but don't want to take that risk.

In Germany, for a person who fails to start a business for the first time, the bank is more inclined to provide him with a loan for the second startup, and the bank believes that such entrepreneurs can often summarize the experience of entrepreneurial failure, and can more effectively avoid the minefield in the second and third startups, and the bank can also obtain more high-quality and safe returns from these ventures.

We don't have this nominal refunding method right now, but there are similar ones in practice. For example, when an individual has no enforceable assets, the court or creditor will determine an agreement with the debtor, stipulating that a certain proportion of the monthly income of the person subject to enforcement, excluding the necessary means of subsistence consumption, will be used to repay the loan.

If you are a court staff member or a creditor, you can actually determine whether the person subject to enforcement is qualified to carry out new profit-making activities according to the circumstances, so as to form a good asset cycle among the court, creditors and debtors.

Hope this helps.

The best way to deal with the inability to repay the loan is as follows: 1. You can obtain the consent of the creditor and pay the debt in installments: Article 108 of the General Principles of the Civil Law stipulates that the debt should 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. 2. The borrower actively contacts the platform after making up the arrears. Some platforms will not directly report the overdue loan to the credit bureau and will give users a few days of reprieve period, and some platforms will only report the overdue record to the credit information center next month, so when the borrower finds that it is overdue, he should contact the online loan platform as soon as possible to solve the problem before the platform reports.

3. For loans that exceed the specified interest, choose a legal way to deal with them. The state stipulates that the comprehensive interest rate of any loan cannot exceed 36%, so if the borrower's loan exceeds the part stipulated by the state, he can protect himself through legal means, and the interest that exceeds the prescribed amount does not need to be repaid. 4. The borrower finds a way to raise funds.

You can borrow it with relatives and friends and then make a transition, if you really can't borrow it, you can go to work with peace of mind if you are still working, work hard to make money, find a job if you don't have a job, don't take the road of breaking the law and committing crimes, and you can't be in a hurry to repay the loan. 5. Try to repay the loan with high interest first. As long as the borrower has an income every month, he can repay some loans every month, and the borrower should also have a reasonable plan when repaying, first planning the loan with a relatively high interest rate, and then repaying the loan with greater economic pressure.

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Questions. I am engaged in pig breeding, due to this year's pig price plummeting and in recent months suffered a non-plague epidemic, heavy deaths, resulting in a debt of 16 million yuan, unable to repay, about to default one after another, now two pig farms, fixed assets of more than 28 million yuan, want to apply for bankruptcy early repayment of debts, can not.

Yes, as soon as possible!

Very sympathetic to you.

Questions. Loans are available for both individuals and businesses.

OK. Questions.

How to file for bankruptcy.

1.Preparation of bankruptcy application and related evidentiary materials; 2.filing a bankruptcy application with the people's court; 3.If the creditor files a bankruptcy application, the people's court shall notify the debtor; 4.If the people's court accepts the bankruptcy application, it shall serve the ruling on the parties.

Questions. Is there a better way to resolve debt?

If you want to continue the debt without paying the principal, you will only continue to pay the interest.

That's all there is to it.

First of all, the person subject to execution will be included in the list of dishonest persons, that is, he will become what we call an old man, and then he will be enforced by the court, restricting high consumption, freezing account assets, and using them to repay the debts owed, if it is not enough, then it must first auction the real estate, real estate, and other valuable assets under his name. If you still can't pay your debts, there's nothing you can do.

Hello, here is a lawyer to consult.

When there are no enforceable assets for personal debts, the court or creditor will determine an agreement with the debtor, stipulating that a certain percentage of the monthly income of the person subject to enforcement, excluding the necessary means of subsistence consumption, will be used to repay the loan. Individuals entrust various loan collection companies to use methods that you can't think of to force the person subject to enforcement to make a new round of loan repayment; If the court ascertains that the assets in the name of the person subject to enforcement have no executable assets, they will be included in the list to be recovered, and now a list of dishonest persons can be added.

I hope my reply can help you and be useful to you, and I wish you a smooth follow-up process.

Legal Analysis: Not a Dishonest Person. If they are unable to repay, the general court will not include them in the list of judgment defaulters.

Legal basis: "Several Provisions of the Supreme People's Court on the Publication of Information on the List of Judgment Defaulters" Article 1: Where persons subject to enforcement fail to perform the obligations set forth in effective legal documents, and have any of the following circumstances, the People's Law and the Prefecture People's Court shall include them in the list of judgment defaulters, and give them credit punishments in accordance with law:

1. Refusal to perform the obligations set forth in effective legal documents despite having the ability to perform;

2. Using methods such as fabricating evidence, violence, or threats to obstruct or resist enforcement;

3. Evading enforcement by means of false litigation, false arbitration, or concealment or transfer of property;

4. Violating the property reporting system;

5. Violating the order restricting consumption;

6. Refusal to perform on the execution of the settlement agreement without a legitimate reason.

Legal Analysis] The best way to deal with the inability of the person subject to enforcement to repay the loan is to repay the loan in installments. Where, after the enforcement measures have been taken, the person subject to enforcement is still unable to repay the debt, he shall continue to perform his obligations. If the creditor discovers that the person subject to enforcement has other property, it may request the people's court to enforce it at any time.

If the person subject to enforcement fails to perform the obligations determined in the legal document in accordance with the enforcement notice, the people's court has the right to inquire about the property of the person subject to enforcement, such as deposits, bonds, shares, and shares. The people's courts have the right to seize, freeze, transfer, or sell the property of the person subject to enforcement according to different circumstances. People's courts must not inquire about, seize, freeze, transfer, or sell property beyond the scope of the obligations that the person subject to enforcement shall perform.

When a people's court decides to seize, freeze, transfer, or convert property, it shall make a ruling and issue a draft notice of assistance in enforcement, and the relevant units must handle it.

Legal basis] Civil Code of the People's Republic of China Article 189 Where the parties agree to perform the same debt in installments, the limitation period is calculated from the date on which the last period for performance expires. "Civil Litigation Law of the People's Republic of China" Article 254:Where the person subject to enforcement is still unable to repay the debts after the people's courts have adopted the enforcement measures provided for in articles 242, 243, and 244 of this Law, they shall continue to perform their obligations. If the creditor discovers that the person subject to enforcement has other property, it may request the people's court for enforcement at any time.

Article 242:Where the person subject to enforcement fails to perform the obligations set forth in the legal documents in accordance with the enforcement notice, the people's court has the right to inquire about the property of the person subject to enforcement, such as deposits, bonds, **, and **shares, from the relevant units. The people's courts have the right to seize, freeze, transfer, or sell the property of the person subject to enforcement according to different circumstances. People's courts must not inquire about, seize, freeze, transfer, or sell property beyond the scope of the obligations that the person subject to enforcement shall perform.

When a people's court decides to seize, freeze, transfer, or convert property, it shall make a ruling and issue a notice of assistance in enforcement, and the relevant units must handle it.

Legal Analysis: If the debtor is truly unable to repay a huge debt, he will generally not go to jail. Where a people's court's judgment or ruling has the ability to be enforced but refuses to do so, and the circumstances are serious, a sentence of up to three years imprisonment, short-term detention, or a fine of Qiaoling is to be given.

Legal basis: "Criminal Law of the People's Republic of China" Article 313: Where a people's court's judgment or ruling is capable of being enforced but refuses to do so, and the circumstances are serious, a sentence of up to three years imprisonment, short-term detention, or a fine is to be given; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine. Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph.

Legal analysis: According to the provisions of the Civil Procedure Law and other laws, if the judgment defaulter has no money to repay, he may apply to the court to suspend the enforcement, and wait for the judgment debtor to have the ability to enforce before enforcement.

Legal basis: Civil Procedure Law of the People's Republic of China Article 256:In any of the following circumstances, the people's court shall rule to suspend enforcement:

1) The applicant indicates that enforcement can be extended;

2) Persons not involved in the case raise a credible objection to the subject matter of enforcement;

3) The death of a citizen who is a party and it is necessary to wait for the heirs to inherit the rights or undertake the obligations of the heirs;

4) The legal person or other organization that is a party is terminated, and the successor of rights and obligations has not yet been determined;

5) Other circumstances where the people's court finds that enforcement should be suspended.

After the suspension disappears, the execution resumes.

I. Is the person subject to enforcement a dishonest personArticle 1 of the "Several Provisions of the Supreme People's Court on the Publication of Information on the List of Judgment Defaulters" provides that where the person subject to enforcement fails to perform the obligations set forth in the effective legal documents, and has any of the following circumstances and does not make a complaint, the people's court shall include them in the list of judgment defaulters and give them credit punishments in accordance with law: (1) They have the ability to perform but refuse to perform the obligations set forth in the effective legal documents; (2) Obstructing or resisting enforcement by means such as fabricating evidence, violence, or threats; (3) Evading enforcement by means such as sham litigation or arbitration, or concealment or transfer of assets; (4) Violating the system of property reporting; (5) Violating an order restricting spending; (6) Refusal to perform on the enforcement of the settlement agreement without a legitimate reason. 2. What is a person subject to enforcement: A person subject to enforcement refers to a party who has not fulfilled the court's judgment or arbitral award and entered the enforcement procedure after the expiration of the statutory appeal period or after the final judgment is rendered.

After the court ruled in favor of the plaintiff in the civil lawsuit, if the defendant fails to complete the amount of compensation specified in the judgment within the statutory time limit on the issue of compensation and is compensated by the court, the defendant is said to be the person subject to enforcement in this enforcement. 3. Will the family of the judgment defaulter be restricted Once he becomes a liar, then it will definitely affect his family, and the first thing that will be directly affected is his spouse, according to the regulations, the loan of one of the husband and wife will also be regarded as the joint debt of the husband and wife, so when the repayment is enforced in the later stage, the joint property of the husband and wife and the joint assets of the husband and wife will be directly frozen. In addition to the joint performance of obligations by both husband and wife, generally as long as one party becomes a lai, then the other party will be greatly restricted when making high consumption or loans in the future.

In addition to the spouse, Lai's children will also be restricted because of themselves, generally as long as the parents are Lai, the children cannot study in private schools with higher fees, and there have been reports of rejection by universities because the father is Lai, so in order not to affect their families, they must not become Lai.

Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China

Article 517.

If no property is found to be available for enforcement after the property investigation, a ruling may be made to terminate the enforcement procedure after the person applying for enforcement signs and confirms it or the enforcing court forms a collegial panel to review and verify it and is approved by the court president.

After enforcement is terminated in accordance with the provisions of the preceding paragraph, if the person applying for enforcement discovers that the person subject to enforcement has property that can be used for enforcement, he may apply for enforcement again. Re-application is not subject to the limitation period for the application for enforcement.