What to do if you can t repay your debts?

If the loan term has expired and the lender has not repaid the loan after being urged by the lender, the lender may file a lawsuit with the people's court in accordance with the law to protect its legitimate rights and interests. If the statute of limitations exceeds 3 years, the people's court will not accept it, and the lender's claim will lose legal protection.

Legal basis] Article 678 of the Civil Code, the borrower may apply to the lender for an extension of the loan period before the expiration of the repayment period; If the lender agrees, it can be extended.

If the enterprise is unable to repay its debts or has been revoked or closed down and is unable to repay its debts, the sponsor (which can be found in the industrial and commercial registration file) shall bear the liability for repayment of debts in two cases: first, if the enterprise does not meet the conditions of a legal person, the start-up unit shall bear all the responsibilities; Second, if the registered capital of the enterprise is false, the start-up unit shall bear limited liability within the scope of the difference in registered capital.

What to do if you are in debt and unable to repay.

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.

In practice, there are two different situations in which a debtor is unable to repay: one is a temporary insolvency. If this is the case, the debtor may repay the loan in installments in accordance with the relevant provisions of the above-mentioned General Principles of the Civil Law.

The other is permanent insolvency. In the case of permanent insolvency, the debtor's personal existing property can only be satisfied.

Legal analysis: 1. If you are temporarily unable to repay your debts, you can negotiate with creditors to repay in installments, postpone repayment or reduce debts.

2. If the other party does not agree to extend or reduce the debt, and wants to sue the debtor, then after the lawsuit, it is necessary to actively respond to the lawsuit and strive to achieve the purpose of repayment in installments or within a time limit in court!

3. If the other party does not agree to extend or reduce the debt, the court will not support it and will repay all the debts within a time limit. If the creditor is able to repay but refuses to pay, the creditor may apply for enforcement. But enforcement does not go to jail because civil liability does not involve criminal issues.

4. If the debtor really has no money to repay, even if the other party wins the lawsuit, the court enforcer knows that you cannot enforce without money. Only if you have the money and refuse to return it can the court arrest a person (including judicial detention or criminal liability for refusing to comply with an effective judgment).

5. In accordance with legal procedures, the people's courts shall use the coercive power of the state to clarify and specify the specific enforcement content of the legally effective documents, and compel the civil obligor to complete the obligations it undertakes, so as to ensure that the rights of the right holder can be realized.

Legal basis: Article 677 of the Civil Code of the People's Republic of China Where the borrower returns the loan in advance, the interest shall be calculated according to the actual period of the loan, unless otherwise agreed by the parties.

If the person who owes the money is unable to repay, there are the following solutions:

1. Negotiate with the debtor to obtain the details of the other party, and the debt can be appropriately extended or reduced;

2. File a lawsuit with the court, and the court will rule that the debtor can repay in installments.

Generally speaking, if the debtor is really unable to repay, even if the case is won, the court enforcer knows that the debtor cannot enforce without money.

According to article 224 of the Civil Procedure Law, a legally effective civil judgment or ruling, as well as the property portion of a criminal judgment or ruling, shall be enforced by the people's court of first instance or the people's court at the same level as the people's court of first instance where the property subject to enforcement is located.

Other legal documents that are to be enforced by the people's courts as provided by law are to be enforced by the people's court at the place where the person subject to enforcement is domiciled or where the property subject to enforcement is located.

Article 224 of the Civil Procedure Law.

The property portion of a legally effective civil judgment or ruling, as well as a criminal judgment or ruling, is to be enforced by the first-instance trial court or the people's court at the same level as the first-instance trial court where the property being enforced is located.

Other legal documents that are to be enforced by the people's courts as provided by law are to be enforced by the people's court at the place where the person subject to enforcement is domiciled or where the property subject to enforcement is located.

1. What should I do if I owe money and can't repay it?

1. The debtor's inability to repay is usually dealt with in the following ways:

1. Negotiate with the debtor to obtain the details of the other party, and the debt can be appropriately extended or reduced;

2) If the debtor does not agree to extend or reduce the debt, the debtor goes to court to sue for half a year to one year;

3) There is really no money to repay, even if the lawsuit is won, the court enforcement officer knows that the debtor has no money and cannot be enforced. It can be executed when there is a capacity to repay.

2. Legal basis: Article 249 of the Civil Procedure Law of the People's Republic of China.

If 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 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 notice of assistance in enforcement, and the relevant units must handle it.

2. What happens if you owe money and can't pay it back?

If the people's court applies the summary procedures to try the case, it shall complete the trial within three months of the date on which the case is filed. The court will usually order repayment within one month of the date of the judgment. If you owe money and are unable to repay it, you need to respond positively to the lawsuit according to the actual situation.

Dear, if you are unable to repay your debts, you should negotiate with creditors in time and seek a proper solution as soon as possible. Consideration can be given to alleviating financial pressure by negotiating with creditors to extend the repayment period, repay in installments, or reduce part of the debt. If the creditor does not agree to settle the matter through negotiation, it may also consider resolving it through legal means.

Professional lawyers can be entrusted to carry out debt restructuring, bankruptcy liquidation and other procedures to protect the legitimate rights and interests of individuals and companies. Legal provisions: According to Article 101 of the Contract Law of the People's Republic of China, if the debtor fails to perform its debts in accordance with the contract, it shall bear the corresponding legal responsibility.

However, in the event of insolvency, creditors should be negotiated in a timely manner to reach an appropriate solution as far as possible. At the same time, according to the "Bankruptcy Law of the People's Republic of China" and the "Enterprise Bankruptcy Law of the People's Republic of China" and other laws and regulations, debtors can carry out debt restructuring, bankruptcy liquidation and other procedures through legal channels to protect the legitimate rights and interests of individuals and companies. Insolvency is a common economic dilemma that requires timely measures to be addressed.