How do you know if the debtor really has no money or if he fakes it?

Generally speaking, there are four main ways to find out the property situation of the "old lai":

1. The applicant for execution provides clues

2. The person subject to enforcement truthfully reports the assets. Attention, it is the obligation of the "old man" to report the property truthfully!

3. Court investigation

Due to the limited means of investigation of the applicant for enforcement, it cannot provide sufficient clues, therefore, the main responsibility for property investigation is still in the court. In this regard, the "Provisions" clarify a variety of property investigation methods, so that the "old lai" has nothing to hide.

Investigation method 1: The person subject to enforcement fulfills the obligation to report assets.

Investigation method 2: audit investigation.

Investigation method 3: Publish a reward announcement.

Open the exit of the "list of old people", improve the exit mechanism of old people, and form a situation in which old people can "enter and exit" within the track of the rule of law, so that the punishment of untrustworthiness is more comprehensive, fairer, more reasonable, and more credible.

Fourth, six degrees of credit** reward

There are certain limitations in the court's investigation of the debtor, and in many cases, it is not possible to investigate the debtor's property clearly. The clues provided by the person subject to enforcement are also limited. Then at this time, it is necessary to use the sixth degree of credit to ** the debtor.

After the creditor gets the court's judgment, he can publish the debtor's relevant personal information on Liudu Credit, and then offer a reward for the debtor's property information. Creditors can use these clues to assist the court in enforcing the judgment and getting the debtor to meet its repayment obligations.

Of course, being out of the court's "old rogue list" does not mean that the credit stain on the body has been completely cleared, and it does not mean that the tight spell of punishment for untrustworthiness has been removed. Article 16 of the "Regulations on the Administration of the Credit Reporting Industry" stipulates that the retention period for credit reporting establishments of negative personal information is 5 years from the date on which the negative conduct or incident is terminated.

Accordingly, even if the old man fulfills his legal obligations and the bad behavior or incident is terminated, he is removed from the court's "old man blacklist", but within 5 years from the date of termination, he will still be on a broader "blacklist of dishonesty", and he will still have to bear a credit stain, and he will also be subject to many restrictions or punishments related to this. Therefore, the comprehensive period of the blacklist is actually longer, and the price to pay is greater. In this regard, the old men should see clearly, and other citizens should also be aware of it.

Regardless of whether it is an enterprise or an individual, once it is included in the blacklist of the judgment debtor, the blacklist of the dishonest person makes the dishonest person restricted everywhere.

Just find someone to check the property in his name.

Check his bank account and property in his name.

Legal analysis: the debtor is unable to repay the debt if he has no money, and in practice, the debtor is unable to repay in two different situations: one is temporary insolvency.

In such cases, the debtor may be repaid by instalments with the consent of the creditor. The other is that the company is permanently unable to repay. If it is permanently unable to repay, it can only be repaid by starving the debtor's existing personal property, which will have to be heard by the court, make a judgment, and then apply for enforcement.

Legal basis: Article 189 of the Civil Code of the People's Republic of China: 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.

The method of dealing with the debtor's real lack of money is as follows: 1. The debtor is unable to repay the debt if he really has no money, and in practice, there are two different situations in which the debtor is unable to repay, and if this is the case, the debtor can repay it in installments with the consent of the creditor; 2. Permanent insolvency. If the debtor is permanently unable to pay off, it can only be repaid on the debtor's existing personal property, which will have to be reviewed by the court, make a judgment, and then apply for enforcement.

Article 189 of the Civil Code provides that where the parties agree to perform the same debt in installments, the limitation period shall be calculated from the date of the expiration of the last period for performance.

Legal analysis: If the debtor really has no money, he can negotiate installment repayment or postponement of repayment. The creditor and the debtor may negotiate to make the debtor repay the loan in installments or deferred, and if the negotiation fails, they may go to the court to file a lawsuit.

In litigation, if the court decides to enforce the order, and the person subject to enforcement fails to pay off the amount owed by the date specified in the judgment, the court shall seal, seize, auction or sell the property of the person subject to enforcement to pay off the previous debts. In addition, the court will restrict its high consumption, restrict its exports, and have the right to search its property.

Legal basis: Civil Procedure Law of the People's Republic of China

Article 236:Parties must perform on legally effective civil judgments or 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.

The parties must perform the mediation document and other legal documents that shall be enforced by the people's courts. If one party refuses to perform, the other party may apply to the people's court for enforcement.

Article 241:Where the person subject to enforcement fails to perform the obligations set forth in the legal documents in accordance with the enforcement notice, they shall report on their current and property situation in the year prior to receiving the enforcement notice. Where the person subject to enforcement refuses to report or makes a false report, the people's court may fine or detain the person subject to enforcement or his legally-designated person, the principal responsible person of the relevant unit, or the directly responsible personnel on the basis of the severity of the circumstances.

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. The people's courts' inquiries, seizures, freezing, allocation, or conversion of property must not exceed the scope of the person subject to enforcement's performance of obligations.

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.

Article 243:Where the person subject to enforcement fails to perform the obligations set forth in the legal document in accordance with the enforcement notice, the people's court has the right to withhold and withdraw the portion of the loss that the person subject to enforcement should have performed. However, the necessary living expenses of the person subject to enforcement and the family members he or she supports shall be retained.

When a people's court withholds or withdraws income, it shall make a ruling and issue a notice of assistance in enforcement, which must be handled by the unit to which the person subject to enforcement, banks, credit cooperatives, and other units with savings operations belong.

Article 244: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 seal, seize, freeze, auction, or sell the part of the property that the person subject to enforcement shall perform the obligations of. However, the necessities of life for the person subject to enforcement and the family members they support shall be retained.

The people's court shall make a ruling on the adoption of the measures in the preceding paragraph.

Legal analysis: If the debtor claims that he has no money to repay the loan, the creditor may file a lawsuit with the people's court. When filing a lawsuit, you should have evidence such as an IOU to prove the existence of a loan relationship, and the court will file and accept the case.

If the people's court makes a judgment in accordance with the law that the debtor repays the loan, but the debtor still does not repay the loan, the people's court will inspect the debtor's property to determine whether the debtor has property that can be enforced.

Legal basis: Article 675 of the Civil Code of the People's Republic of China The borrower shall return the loan within the agreed time limit. Where there is no agreement on the term of the loan or the agreement is not clear, and it is still uncertain in accordance with the provisions of Article 510 of this Law, the borrower may return it at any time; The lender may demand the borrower to return it within a reasonable period of time.

If the debtor does not repay the money, the creditor may sue the debtor in accordance with the law in the local court. The IOU is evidence to prove the existence of a creditor's rights and debts relationship between the two parties, which is conducive to the court's recognition of the facts and should be properly kept. If the creditor wins the lawsuit, the debtor with the ability to enforce will be ordered to repay the loan.

Civil Destruction of the Chinese Code".

Article 194 of the third fiber book.

If, in order to guarantee the performance of the debt, the debtor or a third party does not transfer the possession of the property and mortgages the property to the creditor, the debtor fails to perform the due debt or the mortgage rights are realized as agreed by the parties, and the creditor has the right to be repaid in priority for the property.

The debtor or third party provided for in the preceding paragraph is the mortgagor, the creditor is the mortgagee, and the property provided for security is the mortgaged property.

Article 413 of the Civil Code.

After the mortgaged property is discounted, auctioned, or sold, the part of the price exceeding the amount of the creditor's right shall be owned by the mortgagor, and the debtor shall pay off the shortfall.

If the debtor has no money, if the situation is true, but it is only 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. If it is permanently unable to prevent the repayment, then it has no choice but to pay off the debtor's existing personal property, which needs to be heard by the court, make a judgment, and then put into enforcement, that is to say, the creditor can take as much as the debtor's personal property can be repaid. If the creditor finds that the debtor is unable to repay, he or she can use legal means to resolve the matter according to his actual situation.

Civil Procedure Law of the People's Republic of China

Article 257:In any of the following circumstances, the people's court is to rule to terminate enforcement:

1) The applicant withdraws the application;

2) The legal documents on which enforcement was based have been revoked;

3) The person subject to enforcement has died in public dispersion and has no estate to enforce, and there is no obligation;

4) The person entitled to the right to recover alimony, alimony, or child support is deceased;

5) The citizen who is the person subject to enforcement is unable to repay the loan due to living difficulties, has no income, and loses the ability to work;

6) Other circumstances where the people's court finds that enforcement should be terminated.

Civil Code of the People's Republic of China

Article 108 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.