What is the new policy of non payment of debts in 2022

Updated on society 2024-07-02
5 answers
  1. Anonymous users2024-02-12

    The statute of limitations usually begins when the creditor knows, or ought to know, that the right has been impaired and that the obligor has been committed. However, if the creditor has been infringed for more than 20 years from the date on which the creditor's rights are infringed, then the court will no longer protect its legal rights, and if there are special circumstances, the court may decide to extend it according to the application of the right holder. In 2022, if a debt dispute applies to the court for compulsory enforcement, the provisions of the Civil Procedure Law of our country shall apply to the provisions of the Civil Procedure Law, and the time limit for applying for enforcement is generally not more than 2 years, while the time limit for court enforcement is 6 months.

    Debts beyond the statute of limitations: According to the law, the statute of limitations for private loans is three years. During these 3 years, the creditor can file a lawsuit against the debtor, and the debtor also needs to repay the debt within 3 years.

    If the debtor does not repay the debt within 3 years and the creditor does not file a lawsuit, then the creditor's litigation rights and interests are no longer protected by law, which means that the debt does not need to be repaid.

    Legal basis: Article 188 of the Civil Code of the People's Republic of China: The statute of limitations for ordinary litigation and the longest period for the protection of rights shall be three years for requesting protection of civil rights from the people's courts. Where the law provides otherwise, follow those provisions.

    The limitation period is calculated from the date on which the right holder knows or should know that the right has been damaged and the obligor. Where the law provides otherwise, follow those provisions. However, if more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not grant protection, and where there are special circumstances, the people's courts may decide to extend the rights holder on the basis of the right holder's application.

  2. Anonymous users2024-02-11

    It is still the most effective way to learn from Guangdong's means and methods of punishing the old lai.

  3. Anonymous users2024-02-10

    My friend owes money and doesn't pay it back, he has no property in his name, is it useful to sue?

  4. Anonymous users2024-02-09

    Legal Analysis] First of all, when you don't pay back the money you owe, you should collect evidence, such as IOUs, receipts, bank transfer records, etc. The purpose of collecting the property information of the other party is to enforce the property of the other party after the lawsuit is won by the Shoji and the Wild Court. Bring a lawsuit in a court of competent jurisdiction.

    The general process of filing a lawsuit is as follows: write a complaint. Bring the evidence and the complaint to the court to file a case and pay the legal fee.

    After the court reviews and confirms, it will arrange for the trial time of the civil case to be completed within three months of the summary procedure and within six months of the ordinary procedure. The court ruled that if Duan shouted that the other party would appeal, it would have to go through the second-instance procedure. After the judgment enters into force, an application may be made to the Executive Directorate of the Court for enforcement of the judgment.

    In general, it is best to apply to the court for property preservation at the same time as filing a lawsuit. Property preservation is to seal the other party's accounts, real estate, vehicles and other property to prevent the other party from transferring property.

    Legal basis] Civil Procedure Law of the People's Republic of China》 Article 261 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, 244, and 13 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 671 of the Civil Code of the People's Republic of China Where a lender fails to provide a loan on the agreed date and amount, causing losses to the borrower, it shall compensate for the losses.

    If the borrower fails to collect the loan on the agreed date and amount, it shall pay interest on the agreed date and amount.

  5. Anonymous users2024-02-08

    When you don't pay back the money you owe, you should collect evidence, such as IOUs, receipts, bank transfer records, etc. The purpose of collecting information on the property of the other party is to enforce the property of the other party after the court wins the case. Bring a lawsuit to a court with jurisdiction over the rules.

    Legal basis: According to Article 64 of the Civil Procedure Law, as a lender, it shall submit to the court that it has retained proof of creditor's rights such as IOUs, receipts, and IOUs, as well as other evidence that can prove the existence of the legal relationship between the lender and the lender. If the defendant claims that the loan has been repaid, it should provide evidence to support it, if it has no evidence, it needs to bear the legal consequences of failing to provide evidence, and if the other party still does not repay the loan in the case of winning the lawsuit, you can apply to the court for enforcement, and the court will deduct and auction the defendant's property, and the litigation and enforcement costs shall be borne by the defendant.

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