How to deal with the debt relationship related to relatives?

It's a good idea to talk about it in front of his friends or neighbors, and put a little pressure on him to see if he's making a move.

Generally two situations 1: Tell you directly, don't pay it back. This is good, you don't have to worry about the face of your relatives, ask him directly, otherwise you will see you in court.

2: Kindly told you that you really don't have any money, so you can find his old man and tell him about your situation in front of the face, and ask him to be accurate in front of the old man.

He is like this, he can only tear his face, he really treats you as relatives, and he should have paid it back a long time ago (provided that his family now has 20,000 yuan, and life will not become too bad if he pays you back).

This kind of person is a scoundrel Brother still settles accounts This kind of dumb loss can't be eaten It's because he is unkind first I can't blame you for being unrighteous It's all an afterword in a lawsuit After all, he didn't say that he wouldn't pay you back If you can trust it, this kind of person is the most cao egg You know his family, right? Talk to him for the last time If you still pretend to be crazy and stupid, you will go to his house and eat and live in his house Ask him why you don't go home Sue him for tidying up the house Ready to rent out and pay off other people's money After two days, pack up and tell him Your mother and your dad will also come to live for 1 month 2 months Say why you won't leave Just like your own home Just be casual Cry poor will you? If they cook, you just eat, if you don't cook, you can make your own share and it's over 1 Come and find out how much money he has 2 Come and annoy him Niu B He won't come back When you go to his house, take more big bags and small wraps Just let him know that you live in his house I don't believe how long he endured it Knock on the heating pipe and water pipe from time to time It's okay to fight** Hey, your house is leaking Fun, right, if you make a fuss, you have a red face and tell him to go Finish!

FYI!

Legal analysis: personal debts have nothing to do with the age of relatives, personal debts are repaid by personal property, and if personal property is insufficient to repay debts, they shall be jointly and severally liable for the debts.

Legal basis: Article 118 of the Civil Code of the People's Republic of China Civil entities enjoy the creditor's rights in accordance with law.

1. Whether the debtor's immediate family members bear the debts.

1. The debtor's immediate family members do not bear the debt. The debtor shall bear the debts by himself, and the creditor cannot require the debtor's immediate family members to bear the debts, but if the debtor transfers property to his immediate or joint debts of the husband and wife in order to avoid the debt, the relative may be added as the person subject to enforcement. The creditor can only require the debtor to perform the debt, and the debtor's relatives, as unrelated third parties, are not liable for repayment.

2. Legal basis: Article 118 of the Civil Code of the People's Republic of China.

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 1159.

The division of the estate shall pay off the taxes and debts that the decedent shall pay in accordance with the law; However, the necessary inheritance should be reserved for the heirs who lack the ability to work and do not have a livelihood.

2. What is the scope of the debtor's immediate family members?

The debtor's immediate family includes the following ranges:

1. Immediate blood relatives include not only natural blood relatives but also pseudo-blood relatives, and direct blood relatives only include natural blood relatives. Such as parents, children. Lineal blood relatives refer only to biological parents and children, including biological parents and children, adoptive parents and children, and stepparents and stepchildren who have a relationship of support and support;

2. Immediate family members include some immediate blood relatives and spouses;

3. Immediate family members include direct blood relatives, spouses, and collateral blood relatives within three generations;

4. Immediate family members include direct blood relatives, spouses, collateral blood relatives within three generations, and close relatives by marriage.

For debts between immediate family members, the creditor shall provide evidence to prove that the creditor can prove the fact of borrowing by providing such documents including IOUs, IOUs, transfer records, etc., to prove that he or she has the creditor's rights.

Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases

When a lender initiates a private lending lawsuit with the people's court, it shall provide proof of creditor's rights such as IOUs, receipts, and IOUs, as well as other evidence that can prove the existence of a legal relationship between loans and loans.

Where the creditor's rights vouchers such as IOUs, receipts, and IOUs held by the parties do not indicate the creditor, and the parties holding the creditor's rights vouchers file a private lending lawsuit, the people's court shall accept it. If the defendant raises a factual defense against the plaintiff's creditor qualifications, and the people's court finds that the plaintiff does not have the creditor qualifications upon examination, it rules to dismiss the lawsuit filed by Fool Li.

1. How to deal with private lending disputes.

1. It is important to provide evidence to deal with disputes.

When the people's court examines the lawsuit in a loan dispute case, it requires the plaintiff to provide a written IOU; If there is no written IOU or cannot be provided, the applicant shall provide the necessary factual basis or the testimony of two or more witnesses who have no interest in him or her to support his claim.

2. The interest rate of private loans is limited by 4 times.

The interest rate of private lending may be appropriately higher than the bank interest rate, but the maximum shall not exceed four times the bank interest rate (including the interest rate). If this limit is exceeded, the interest on the excess part shall not be protected in accordance with law. If there is a dispute between the borrower and the borrower on the agreed interest rate and cannot prove it, the interest may be calculated with reference to the above provisions.

3. The lender shall not seek usury.

The lender shall not include the interest in the principal to seek usury, and if it is found during the trial that the borrower has included the interest in the principal to calculate compound interest, only the principal shall be returned.

4. Settlement of disputes over whether there is an agreed interest rate.

If there is a dispute between the borrower and the borrower as to whether there is an agreed interest rate and cannot prove it, the interest may be calculated with reference to the bank's interest rate of the same type of loan.

5. Handling of regular interest-free loans.

Fixed-term interest-free loans between citizens, where the lender requires the borrower to repay the overdue interest, or the irregular interest-free loan is not repaid after being reminded; If the lender demands repayment of the interest after the reminder, the interest may be calculated with reference to the interest rate of the same type of bank loan.

6. Handling of illegal lending.

Where the lender clearly knows that the loan is for the purpose of carrying out illegal activities, the lending relationship is not protected. Illegal lending by both parties may be sanctioned in accordance with relevant laws.

7. Handling of Guarantee Liability.

In the loan relationship, the person who only plays the role of contact and introduction does not bear the guarantee liability. If the performance of the debt is confirmed, it shall be deemed to be the guarantor and bear the guarantee liability.

The debtor himself bears the responsibility, so the debtor's true relatives cannot be required to bear the debt, but if the debtor transfers property to his immediate subordinates in order to avoid debts, he can add relatives as the person subject to enforcement.

Legal basis: Article 1089 of the Civil Code provides that in the event of a divorce, the joint debts of the husband and wife shall be repaid jointly. Where the joint property is insufficient to be paid off or the property is owned by each other, the two parties shall settle it by agreement; If the agreement is not reached, the people's court shall make a judgment.