Isn t it okay to borrow money and forcibly take things to pay?

If the other party borrows money and does not pay it back, it is possible to use things to pay off debts, but it is not possible to directly and forcibly take things to pay off debts without consent, and this behavior is likely to be suspected of theft and is illegal.

Legal analysisIt is a very normal thing to repay debts, but as long as the debtor fails to repay the money within the time limit, the creditor will feel very anxious, because then it will face the risk of not getting the money back, and the creditor will take some measures in order to protect his rights and interests. If the debtor fails to pay off the debt, the creditor can only sue the court to compel the debtor to pay off the debt in a legal way. Under normal circumstances, creditors cannot directly exercise their coercive powers, including the seizure of property.

For the debtor who borrows money and does not repay it, the two parties can decide through negotiation to use the debtor's property to pay off the debt, and if both parties agree after negotiation, this is legal. However, if the debtor is not present and without the debtor's consent, there is a high probability that the creditor will be suspected of committing the crime of theft. The creditor is not allowed to seize the debtor's property privately or use the debtor's property to pay off the debt.

It is an illegal act to forcibly take away the other party's things to pay off debts, because it infringes on the debtor's other property rights and needs to bear the corresponding legal responsibility, unless the debtor expressly agrees. The creditor can claim its rights through court litigation, and at the same time as filing a lawsuit, apply to the court for property preservation, and the court will seal, seize or freeze the debtor's property in accordance with the law. If, after the judgment, the debtor does not take the initiative to perform, the court may also dispose of the debtor's property in accordance with the law by means of auction and other forms to ensure the realization of the creditor's rights.

Legal basisPublic Security Administration Punishment Law of the People's Republic of China》 Article 49: Anyone who steals, defrauds, robs, snatches, extorts, or intentionally destroys public or private property is to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB; where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB.

If the other party borrows money and does not pay it back, it is not allowed to forcibly take something to pay.

If the other party borrows money and does not repay it, the creditor can demand from the other party on its own, and if the collection fails, it can sue the court. and may apply to the court for property preservation before or at the time of initiating a lawsuit, and the court is to seal, seize, or freeze the other party's property in accordance with law.

However, if the creditor forcibly takes the other party's things to pay off the debt without the consent of the other party, it is an illegal act and should still bear the corresponding legal responsibility.

Hello

Generally speaking, no, this is an infringement of other people's property rights, and you should take legal measures such as litigation to protect your legal rights.

However, there are exceptions, such as self-help actions or the exercise of a lien.

Let's give you an example of the latter, for example, if you repair his car, after the repair, he refuses to pay for the repair, you can detain the car, but you have no right to pay the debt directly, I hope it will help you

Legal analysis: If the debtor does not repay the money, the seizure of property or the act of offsetting the account with the consent of the debtor is a legal act. It is illegal for a creditor to seize the debtor's property without being hungry.

For the debts owed by the debtor, the public power can be sought through litigation procedures, and the private settlement can easily change the active situation into a passive situation.

Legal basis: Article 117 of the Civil Procedure Law of the People's Republic of China: The people's court must decide on the adoption of compulsory measures against obstruction of civil litigation. Where any unit or individual illegally detains another person or illegally returns to a banquet without permission to seize another person's property to recover debts, it shall be pursued for criminal responsibility in accordance with law, or detained or fined.

Article 238 of the Civil Code of the People's Republic of China: Where a property right is infringed upon, causing damage to the right holder, the right holder may request compensation for damages in accordance with law, and may also request to bear other civil liabilities in accordance with law.

Legal Analysis: This is not possible. Because taking other people's property without permission is an illegal act, it is generally a theft, and the corresponding legal responsibility should be borne.

The measures that the creditor should take are to file a lawsuit with the court, apply for enforcement, freeze, preserve the property and other measures, and finally use the movable or immovable property owned by the debtor to offset the debt.

Legal basis: Article 101 of the Civil Procedure Law of the People's Republic of China If an interested party does not immediately apply for preservation due to the urgency of the situation, and the lawful rights and interests of the interested party will be irreparably harmed, it may apply to the people's court with the place where the property to be preserved, the domicile of the respondent, or the people's court with jurisdiction over the case is taken before initiating a lawsuit or applying for arbitration.

If the debtor agrees, he can use things to pay off his debts, but if he does not agree, he cannot use things to pay off his debts. Article 216 of the Civil Procedure Law After accepting the application, the people's court shall, after examining the facts and evidence provided by the creditor, issue a payment order to the debtor within 15 days from the date of acceptance if the creditor's rights and debts are clear and legal; If the application is not sustained, a ruling shall be made to reject it. The debtor shall, within 15 days from the date of receipt of the payment order, pay off the debts and submit a written objection to the people's court.

If the debtor does not raise an objection and fails to perform the payment order within the period specified in the preceding paragraph, the creditor may apply to the people's court for enforcement. The above is the content for you, in most cases, if the debt collection fails, it is not possible to pay off the debt, because this infringes on the debtor's other property rights, of course, except for the debtor's express consent. If your situation is more complicated, the network also provides dismantling lawyer** consulting services, and you are welcome to provide legal advice.