What if you are in debt and there is nothing you can do?

The debtor's insolvency is usually handled 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 you do not agree to extend or reduce the debt, the debtor may take a delay, and if you go to court to sue, it can generally be delayed for half a year to a year for the debtor.

3. There is really no money to repay, even if you win the lawsuit, the court will enforce it.

The person knows that the debtor cannot be executed without money. Only if the debtor refuses to return the money can the court arrest (including judicial detention).

or pursue criminal responsibility for the crime of refusing to perform an effective judgment).

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. In practice, there are two different situations in which a debtor becomes insolvent:

One is temporary insolvency, which is repaid by the debtor in installments. 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.

Legal basis: Article 70 of the Civil Code: Where a legal person is dissolved, except in the case of merger or division, the liquidation obligor shall form a liquidation team for liquidation in a timely manner.

The directors, directors and other members of the executive or decision-making body of the legal person are liquidation obligors. Where laws and administrative regulations provide otherwise, follow those provisions. Where the liquidation obligor fails to perform the liquidation obligation in a timely manner and causes damage, it shall bear civil liability; The competent authority or interested parties may apply to the people's court to appoint relevant personnel to form a liquidation team to conduct liquidation.

Legal analysis: 1. For those who are temporarily unable to repay, they can negotiate an extension or installment repayment.

2. If you have the ability but do not repay, you can apply to the court for enforcement.

3. If the borrower is permanently unable to repay, he can only repay the debtor's existing personal property, which must be heard by the court, make a judgment, and then apply to the court for compulsory enforcement.

Legal basis: Article 678 of the Civil Code of the People's Republic of China The borrower may apply to the lender for an extension before the expiration of the repayment period, and the lender may extend the loan term.

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, Duan Jiming needs to actively respond to the lawsuit.

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. However, enforcement is not subject to imprisonment, as 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 the person (including judicial detention or criminal liability for refusing to comply with the effective judgment).

Legal basis: Article 678 of the Civil Code of the People's Republic of China 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.

1. What to do if you are unable to repay your debts.

1. The treatment of inability to repay debts is as follows:

1) If it 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 they have the ability to repay and refuse to repay, the people's court shall make a judgment to compel repayment;

3) You can agree with the creditor to repay in installments;

4) You can also file a lawsuit in court.

2. Legal basis: Article 674 of the Civil Code of the People's Republic of China shall pay interest within the agreed time limit. Where there is no agreement on the time limit for the payment of interest or the agreement is not clear, and it is still uncertain in accordance with the provisions of Article 510 of this Law, and the loan period is less than one year, it shall be paid together with the return of the loan; If the loan period is more than one year, it shall be paid at the time of each year of maturity, and if the remaining period is less than one year, it shall be paid at the same time when the fiber imitation loan is returned.

Article 675.

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 the provisions of 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.

2. What is the prosecution process for non-payment of money owed?

1. Write a good indictment;

2. Bring evidence and indictment to the court to file a case and pay the litigation fee;

3. After the court reviews and determines the acceptance, it will be heard;

4. Court judgment;

5. Enforcement of judgments.

It often happens in life that the loan is not repaid, and the creditor has a headache, but sometimes the debtor has no ability to repay and cannot repay the debt.

1. The two parties negotiate to request a postponement of repayment.

If the debtor wants to repay the debt on time after the court judgment takes effect, but is unable to perform the debt on time or cannot repay the debt due to the bankruptcy of the company or the inability of the individual to repay the debt, etc., the debtor can actively negotiate with the creditor, notify the debtor of the situation that the debt cannot be repaid now, and demand the repayment of the debt from the creditor.

2. Installment agreement.

According to Article 108 of the General Principles of the Civil Law, the debts owed by the debtor shall be paid off when due. If the debtor is indeed unable to repay when due, the debtor can repay the loan in installments with the consent of the creditor or the court ruling, relieving the short-term repayment pressure. The debtor can negotiate with the creditor to enter into an installment agreement to divide the time of each repayment and the amount of the repayment.

The main cases of inability to repay overdue debts are:

1) Temporarily unable to repay. What is the temporary inability to repay, that is to say, the funds cannot be repaid in a short period of time, the money is tight, and the debt cannot be repaid immediately, but there is the ability to repay the Minkailing, such as prepaid construction costs, investment funds are not **, etc. In this case, it can be handled in the manner described above, with an installment agreement with the creditor.

2) Permanent or long-term grandchildren cannot be repaid. Permanent inability to repay refers to the inability to bear the repayment of debts, and the complete inability to repay, such as the bankruptcy of the enterprise, the inability of all financial assets to repay the debts, etc. How can these situations be resolved?

If this is the case, there is no other solution but to repay the debt through the debtor's mortgage or the confiscation of existing property.

3. Unable to repay debts during the execution phase.

The losing party is unable to pay the debt, and the debtor can realize the debt by applying to the court for enforcement. During the enforcement stage, if the court confirms that the debtor is unable to enforce the property, the enforcement shall be suspended.

If you owe money and have the ability to repay it but do not pay it, you can make a reminder or file a civil lawsuit in accordance with the law. According to the relevant provisions of the Civil Code of the People's Republic of China and the Civil Procedure Law of the People's Republic of China, the parties to the contract shall fully perform their obligations in accordance with the contract, and failure to perform their obligations as agreed constitutes a breach of contract. The non-breaching party may demand that it perform its obligations within a reasonable period of time.

However, this does not openly affect the non-breaching party and require it to bear the liability for breach of contract. The non-breaching party may also file a civil lawsuit with the people's court in accordance with the law, and after obtaining the judgment in favor of the party, the breaching party shall return the arrears in accordance with the content of the judgment. If the breaching party fails to return the arrears in accordance with the content of the judgment, the non-breaching party may request the court to enforce the property of the breaching party in accordance with the effective judgment.

Article 577 of the Civil Code of the People's Republic of China provides that if one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.

Legal Empty Family Analysis: If you owe money and are unable to repay, you can postpone enforcement. After the court has made a judgment, if the party who has the ability to perform the obligation refuses to carry out the court judgment, he or she will be detained or fined, and if the circumstances are serious, it will constitute the crime of refusing to enforce the judgment.

If the person subject to enforcement really has no ability to perform, the execution can only be postponed.

Legal basis: Article 242 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, **, 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 enforcing the loss, and the relevant units must handle it.

Legal analysis: Those who are unable to repay can be repaid in installments, and those who are able to repay and refuse to repay shall be compulsorily repaid by the court.