Can the IOU be transferred if the claim is lost?

Hello netizens: I don't quite understand what you mean, the information you gave is basically worthless, it looks like a lawsuit, but do you want to engage in debt transfer or debt transfer?

Disagreeing is your own business, the money is yours, and you decide for yourself the disposition of your civil rights.

The feasibility of this lies in which of him or his ex-wife has the ability to repay, and you can only accept it if his ex-wife's ability to repay is clearly higher than his.

If it is a transfer of creditor's rights, then it is relatively simple, how much does his ex-wife owe him, he transfers the creditor's rights to you, notifies his ex-wife, and then he is no longer a debtor, you just go directly to his ex-wife to ask for it.

The risk is whether his ex-wife has a defense, what is your creditor's right, and what is his claim to his ex-wife, is it clear? Is it due? Is it equivalent? How to deal with more or less asymmetry? How do you mediate or settle your case?

If you don't have an IOU now, then you didn't get the judgment in this case, and the creditor's rights were transferred and you withdrew the lawsuit, so when his ex-wife doesn't pay you back and sues his ex-wife, his ex-wife doesn't admit that you have a creditor's right, because you don't have a creditor's right certificate at all, what should I do?

If you decide to withdraw the lawsuit after the transfer of the creditor's rights, you must sign a tripartite agreement in advance.

Combined with your specific materials, it is recommended that you entrust a lawyer to handle it.

An IOU can transfer a claim. However, the debtor shall be notified of the transfer of creditor's rights in a timely manner, and the transferred creditor's rights shall not be transferred in accordance with the law, in accordance with the agreement, and according to the nature of the creditor's right. If the creditor fails to notify the debtor, the transfer is void against the debtor.

[Legal basis].Article 500 of the Civil Code, Article 45.

The creditor may transfer all or part of the creditor's rights to a third party, except in any of the following circumstances:

1) It cannot be assigned according to the nature of the obligatory right;

2) In accordance with the agreement of the parties, the town shall not be transferred;

3) It shall not be transferred in accordance with the provisions of the law.

Where the parties agree that non-monetary claims may not be assigned, they must not be used against a bona fide third party. Where the parties agree that monetary claims may not be assigned, they must not be used against a third party.

Article 546.

If the creditor assigns the creditor's rights without notifying the debtor, the assignment shall not be effective against the debtor.

The notice of assignment of claims may not be revoked, except with the consent of the assignee.

1) It cannot be transferred according to the nature of Akeno before the contract; (2) It shall not be transferred in accordance with the agreement of the parties; (3) It shall not be transferred in accordance with the provisions of law.

Legal basis: "Civil Code of the People's Republic of China" Article 537 Where the people's court finds that the right of subrogation is established, the debtor's counterpart shall perform its obligations to the creditor, and after the creditor accepts the performance, the corresponding rights and obligations between the creditor and the debtor and the debtor and the counterpart shall be terminated. Where preservation or enforcement measures are taken against the debtor's creditor's rights against the counterparty or subordinate rights related to the creditor's rights, or the debtor goes bankrupt, it shall be handled in accordance with the provisions of the relevant laws.

The debtor's debts are transferable. However, the following conditions shall be met for the transfer of debt:

1. There must be a valid debt.

2. The transferred debt is transferable.

3. The third party involved in the debt transfer must reach an agreement with the creditor or the debtor on the debt transfer.

4. The transfer of debts shall be subject to the consent of the creditor, and if the debtor transfers all or part of the debt to a third party, the consent of the creditor shall be obtained.

1. How to deal with creditors' claims if they do not agree to the assignment of debts.

If the creditor does not agree to the assignment of the debt, then the assignment of the debt cannot occur, and even if the assignment is made, it is invalid. Chinese law stipulates that if the debtor transfers all or part of the debt to a third party, it shall obtain the consent of the creditor. The debtor or a third party may urge the creditor to agree within a reasonable period of time, and if the creditor does not express it before making a number, it shall be deemed to have disagreed.

Article 551 of the Civil Code provides that if the debtor transfers all or part of the debt to a third party, it shall obtain the consent of the creditor. The debtor or a third party may urge the creditor to agree within a reasonable period of time, and if the creditor fails to express it, it shall be deemed to have disagreed.

2. What is the approval process for the transfer of creditor's rights of state-owned enterprises?

The process of approving the transfer of corporate debt has the following steps:

1. The debtor reaches a debt assignment agreement with a third party to transfer all or part of the debt to the third party;

2. The debtor and the third party notify the creditor of the transfer and seek the consent of the creditor;

3. If the creditor agrees, the new debtor shall bear the subordinate debts related to the main debt.

3. Whether the transfer of bank claims to a third party is legal.

The transfer of bank debts to a third party is legal if it meets the relevant conditions prescribed by law. The legal conditions for validity are: the existence of legal and valid debts; The third party must agree with the debtor on the transfer of the debt; The transferred debt shall be transferable and shall not be a non-transferable circumstance; Debt transfer requires the consent of creditors; Other statutory conditions, etc.

Article 551 of the Civil Code provides that if the debtor transfers all or part of the debt or business to a third party, it shall obtain the consent of the creditor.

The debtor or a third party may urge the creditor to give consent within a reasonable period of time, and if the creditor does not express it, it shall be deemed to have disagreed.

Legal analysis: If the debtor's IOU is lost, the debtor's IOU can be proved through evidence such as text message records of the communication between the two parties, chat records of WeChat or other chat software, call recordings, bank transfer vouchers, witness testimony and other evidence.

Legal basis: Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases》 Article 2 When a lender initiates a private lending lawsuit with a people's court, it shall provide proof of creditor's rights such as IOUs, receipts and dismantling 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 qualifications to be the person with the right to complete the debt, it rules to dismiss the lawsuit.

Summary. Hello, dear, if you have an IOU, you can transfer the debt to Party B, and the transfer of debt requires the consent of both parties and the signing of a new agreement. In some cases, the parties may reach an agreement to transfer the debt from Party A to Party B. <>

Hello, dear, if you have an IOU, you can transfer the debt to Party B, and the transfer of debt needs to be agreed by both parties and sign a new agreement. In some cases, the parties may reach an agreement to transfer the debt from Party A to Party B. <>

In general, an IOU represents a proof of a debt relationship, if you hold an IOU, the balance indicates that you are the debtor of the debt (Party A), and the other party is the creditor (Party B). According to the law, an IOU is a legal document of obligation, which stipulates the amount and conditions under which the debtor should repay. <>

You can fully negotiate and communicate with Party B to clarify the willingness of both parties to transfer the debt and the conditions for the transfer. The parties need to agree on the method, amount, duration and other matters of the transfer of the debt, which usually requires detailed negotiation or negotiation to ensure the legal transfer of the debt and ensure that the rights and interests of both parties are fully protected. <>

If Party A has already repaid part of the money owed to the online loan platform, will that part also be transferred to Party B's name?

Dear, according to the situation you reflected, the object of your debt is an online loan platform, and you have paid off part of the debt, then under normal circumstances, this part of the Jinwu deferred amount that has been repaid will not be transferred to the name of Party B. <>

In this case, the Henghu debt relationship between you and the online lending platform still exists. The amount that has been repaid will be considered as your repayment to the online loan platform and will not be transferred to another person. The transfer of debt usually involves only the amount of the debt that has not been repaid. [Sakura starves the flowers].

Because almost all the money owed by Party B is loaned in the name of Party A, Party B can't pay it back, but can it be transferred if there is an IOU?

Yes, you can fully negotiate and communicate with Party B to ensure that both parties agree on the willingness of both parties to transfer the debt and the terms of the transfer. The two parties need to reach an agreement on the method, amount, and time limit for the transfer of debts. <>

Do I need a lawyer to help me here?

In the case of dealing with debt transfers, especially when it comes to changes in laws and contracts, you can consult and hire a professional lawyer to provide legal advice and assistance. <>

1.Collect clues about their passbook and write down their opening bank, no matter where they transfer the money, it will not have much impact, and they can apply to the court to check the transfer records, and the court will ask them to explain the whereabouts and uses of the deposits, and review the necessity of the transfer. 2.

Collect clues about his income status, and if necessary, a lawyer will come forward to investigate, and if the other party has a high income, but does not see any savings, the court orders him to explain his income and expenses, and examines the reasonableness and necessity of the expenses. 3.For the transfer of immovable property:

Since it belongs to the joint property of the husband and wife, either party has no right to unilaterally transfer it, otherwise the other party can claim that the sale is invalid and pursue its legal responsibility for the transfer. 4.For the transfer of an envy of brother-like items:

Keep your receipts for your purchases. 5.For low-priced ** marital joint property and the use of affiliated enterprises to maliciously indebted:

Confront creditors, ask detailed questions, outline questions, review when the debt was formed, do a handwriting examination if necessary, review the purpose and necessity of the debt, and so on. 7.For inflated expenses:

Review the expenditure vouchers, review the authenticity, necessity and reasonableness, and if necessary, check with the relevant units for investigation.