What to do if you are unable to pay your debts, what to do if you are unable to pay your debts

If the debtor is unable to repay the debt, according to the provisions of the Civil Procedure Law of China, under normal circumstances, if the debtor is unable to repay the money after owing it, then the creditor can apply to the court of the jurisdiction for enforcement.

After enforcement, the court can auction the debtor's real estate and car, as well as movable or immovable property such as **.

If the debtor has no property, he may be blacklisted by courts across the country. After being blacklisted, the debtor is restricted from spending highly.

Article 224 of the Civil Procedure Law of the People's Republic of China stipulates that legally effective civil judgments and rulings, as well as the property portion of criminal judgments and rulings, 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.

1. If the debtor is temporarily unable to repay, the debtor may repay it in installments with the consent of the creditor or the judgment of the people's court. 2. Where there is a ability to repay and refuses to repay, the people's court shall make a judgment to compel repayment. 3. The law also takes into account this situation, and stipulates that if the debtor is unable to repay the debt, it can agree with the creditor to repay the debt in installments.

4. You can also file a lawsuit with the court, and submit it to the court to review the specific economic situation of the debtor, and the court will enforce and supervise the situation, or auction the property of the person subject to enforcement to repay the debt.

Legal basis

Article 675 of the Civil Code provides that 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 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.

Legal analysis: 1. The consent of the creditor can be obtained to pay the debt in installments.

2. The creditor has the right to apply for compulsory enforcement.

3. If it is an enterprise, it is necessary to apply for bankruptcy and carry out bankruptcy liquidation.

Legal basis: Article 188 of the Civil Code of the People's Republic of China in Chala: The statute of limitations for requesting protection of civil rights from the people's courts is three years. 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, the concealment is to 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 protect them, and if there are special circumstances, the people's courts may decide to extend them on the basis of the right holder's application.

If the creditor requests the debtor to pay money and valuable**, if the following conditions are met, Qinghua may apply to the basic people's court with jurisdiction for a payment order:

1) The creditor and the debtor have no other debt disputes.

2) The payment order can be served on the debtor.

3) The application shall clearly state the amount of money or valuable ** requested and the facts on which it is based, as well as the evidence.

Article 189 of the Civil Procedure Law: If a creditor requests the debtor to pay money or valuables, it may apply to the basic people's court with jurisdiction for a payment order if the following conditions are met:

1) The creditor and the debtor have no other debt disputes.

2) The payment order can be served on the debtor.

3) The application shall clearly state the amount of money or valuable ** requested and the facts and evidence on which it is based. Reputation Acacia La.

There are two different scenarios in which a debtor becomes insolvent, and the solution is as follows:

1. Temporary inability to repay.

In this case, the debtor may repay the loan in instalments.

2. Permanent insolvency.

If it is permanently unable to repay, it can only be repaid on the debtor's existing personal property, which must be heard by the court, make a judgment, and then put into enforcement, that is to say, the creditor will take as much as the debtor's personal property can be enforced.

PrecautionsBe cautious about borrowing between private individuals. If the amount is large, in addition to the IOU, the borrower should also provide security or collateral with a certain property as much as possible, so as to reduce the risk.

Legal Analysis: Insolvency should require liquidation. The debtor's inability to repay is divided into two different situations: temporary insolvency and permanent insolvency.

In the case of the former, it may be agreed that the debtor will repay the loan in instalments. If it is permanently unable to repay, the debtor's personal existing property can only be repaid, which is subject to the court's hearing, judgment, and then enforcement.

Legal basis: Article 236 of the Civil Procedure Law of the People's Republic of China: Parties must perform on legally effective civil judgments and 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.