The debtor has no property in his name, what should I do? How can I get my debt back?

Updated on society 2024-07-15
7 answers
  1. Anonymous users2024-02-12

    In today's society, I am most afraid of lending money to others, and I am even more afraid that people who owe money not only do not repay the money, but also do not have any property in their namesWe need to use the law to get back what we owe, and we can deal with these situations

    If the debtor is temporarily unable to repay the money and has no property in his name, the creditor can negotiate a new repayment date with the debtor, and if the negotiation fails, he can file a lawsuit with the courtAfter the ruling, the court will support the instalment or deferred repayment, and the creditor can also apply to the court for enforcement at the end of the new repayment date.

    If the debtor has no property in his name and has no intention of repayment, he can apply to be included in the list of dishonesty, and once he is included in this list, then many of his behaviors will be restrictedFor example, you can't take high-speed rail, planes, you can't leave the country, and every high consumption is being monitored and tracked. In addition, his children will also be greatly affected, including schooling, employment, public entrance examinations, and so on. <>

    If the debtor is found to have deliberately concealed the property so as not to repay the money, the creditor can apply to the court for additional interest on the debtor's deferred repayment in accordance with the relevant legal provisionsIf the money has not been repaid by the expiration date, the penalty for the extension will continue to be added, so that the consequence of not repaying the money is that the penalty will be increased by one day for each day of delay. At the same time, the creditor should also actively cooperate with the court to trace the account of the debtor, so that both parties can quickly resolve the lawsuit. <>

    Not paying back money and not having property is not a reason not to pay back, nor can you take advantage of the loopholes of the lawAs long as the court verifies the debt relationship, the creditor can legally recover the arrears with the support of the law。If you have money to repay the money but no money to auction off your personal property, if you have neither money nor property, you can only postpone the repayment or repay the loan in installments according to the actual situation. As long as the debt is not paid off, the law will supervise the debtor until the other party has paid off all the debts

  2. Anonymous users2024-02-11

    You can sue the other party, protect your rights and interests through legal means, or find the other party's parents to get the debt back.

  3. Anonymous users2024-02-10

    **After the trial, if the debtor has no property in his name, the creditor needs to collect clues about the debtor's property, or apply to the court for collection, if there is property, it will be enforced, and if there is really no property to enforce, the court will suspend the execution or terminate the execution. After the person subject to enforcement obtains new property or the court has clues about the new property of the person subject to enforcement, the court will enforce it again.

  4. Anonymous users2024-02-09

    If there is no property, the other party can only become a dishonest person, or the other party can negotiate with the other party to determine the time of repayment.

  5. Anonymous users2024-02-08

    Summary. If the person subject to enforcement is temporarily unable to enforce the debt, the creditor can negotiate with the debtor to repay the debt in installments, and the debt should 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. However, there are two situations in society where debts are not repaid, one is unable to repay, and the other is the ability to do so but refuses to repay.

    The debtor has no property in his name, what should I do? How can I get my debt back?

    If the person subject to enforcement is temporarily unable to enforce the debt, the creditor can negotiate with the debtor to repay the debt in installments, and the debt should 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. If they have the ability to repay and refuse to repay, they shall be compulsorily repaid by the People's Court of the People's Republic of China.

    It follows that it is certain that the debtor must repay the debt. However, there are two situations in society in which debts cannot be repaid, one is the inability to repay the debt, and the other is the ability to refuse to repay.

    1. Prepare civil pleadings. 2. Go to the people's court with jurisdiction and submit relevant evidence. 3. Attend and participate in litigation activities on time in accordance with the notice of the people's court.

    4. If you are not satisfied with the judgment or ruling of the first instance, you shall file an appeal with the people's court of the original trial or the People's Court of the People's Court at the next higher level within 15 days after receiving the judgment or within 10 days after receiving the ruling, and submit an appeal petition. ”

  6. Anonymous users2024-02-07

    If the debtor has no property in his name, the creditor should go to the court as soon as possible to sue and obtain an effective Shengyunxin royal lawsuit, which means that at any time in the future, the debtor has money, and the creditor can apply to the court for enforcement with the effective judgment. If the creditor does not sue and the statute of limitations has passed, the debtor has the right to defend at this time, and it is likely to lose the right to win the lawsuit if it sues the court again.

    Legal basis] Article 119 of the Civil Procedure Law, a lawsuit must meet the following conditions:

    1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

    2) There is a clear defendant;

    3) There are specific litigation claims, facts, and reasons;

    4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

  7. Anonymous users2024-02-06

    Apply directly to the court where the judgment was pronounced for enforcement. It is possible to find out whether the debtor still has money or real estate in other accounts, and if so, the auction will be directly frozen for repayment. If the debtor is unable to repay the money, then it will be forced to intervene in the debtor's place of work, and a part of the monthly salary will be forcibly deducted until it is paid off.

    Legal basis: Civil Procedure Law of the People's Republic of China Article 119: Initiating a lawsuit must meet the following conditions:

    The plaintiff is a citizen, legal person, and other organizations that have a direct relationship with the first harm of Lizhou.

    2) There is a clear defendant;

    3) There are specific litigation claims, facts, and reasons;

    4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

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