A man dies and borrows my money, and he has no son, can he get the money back?

The lender may request the borrower's heirs to pay off the debts of the decedent in accordance with the law to the extent of the actual value of the inheritance. However, the part exceeding the actual value of the estate shall not be subject to voluntary repayment by the heirs.

If the person who owes the money dies and there is no IOU, if the person can provide other evidence to prove the fact of arrears, the money can be returned. The parties may request the heirs of the debtor to pay off the debts of the decedent to the extent of the actual value of the inheritance they have received. 2. Is the guarantor liable for the death of the borrower Guarantee refers to the legal system in which the parties realize the rights of the creditor in order to urge the debtor to perform the debt in accordance with the provisions of the law or the agreement between the parties.

The guarantee is usually a guarantee contract between the parties. Guarantee activities shall follow the principles of equality, voluntariness, fairness, and good faith.

If there is valid evidence to borrow money from you, it should be possible to go through the legal process. If there is no evidence, it will be difficult!

Of course, the money will not go back, who told him to die.

It is that it will be very troublesome, if the deceased has no immediate family members, it is recommended to find the judicial department, auction personal belongings, of course, bring the corresponding documents, if you really want to chase, it is recommended to hire a lawyer to provide more professional advice.

You lend money to someone else, everyone else is dead, he doesn't have any children, who do you go to ask for money, if he has other children at home, you write an IOU to him, he owes you money you can go to his daughter and ask for it, if he is the only one who borrowed money, now that everyone else is gone, the money will not come back.

If you don't have a family, you probably won't be able to pay for it, because he doesn't have any children, or if he doesn't have a family, how can you get the money back?

The man who borrowed your money has died, and he has no son, so he cannot repay the debt of the father.

So if you want your money back, you need to have evidence, and if you have evidence, you can let the police help you and sell his estate to pay off your debts.

The heirs can be sued for liability within the scope of the estate, and if the spouse, parents, and children are not alive, the siblings can be named as defendants.

If the borrower dies without an IOU, other evidence can be found if the lawsuit is filed in court. An IOU is a written document indicating the creditor's rights and debts, which is generally written and signed by the debtor, indicating that the debtor has owed the creditor the amount indicated in the IOU. If there is no IOU, there are bank transfer vouchers, ** recordings, chat records, etc. that can be used as evidence.

As long as the conditions for filing a lawsuit are met, you can file a lawsuit with the court. Article 63 of the Civil Procedure Law provides that the evidence includes: (1) the statements of the parties; (2) documentary evidence; (3) Physical evidence; (4) audio-visual materials; (5) Electronic data; (6) Witness testimony; (7) Appraisal opinions; (8) Inquest records.

Evidence must be verified to be true before it can be used as a basis for determining facts. Article 119 of the Civil Procedure Law provides that the following conditions must be met for a lawsuit: (1) the plaintiff is a citizen, legal person or other organization with 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.

Whether the borrower can get the money back after death depends on the situation of his estate, and he can use his estate to pay off the debt first.

The details are as follows: 1. If the borrower dies, if the borrower has an inheritance, the money can be returned. The lender may require the borrower's heirs to pay off the debts that the decedent should repay in accordance with the law to the extent of the actual value of the inheritance. However, the part exceeding the actual value of the estate shall not be subject to voluntary repayment by the heirs.

2. The heirs of the estate of the other party can be sued, and their heirs shall bear the responsibility for repayment within the scope of the inherited property. However, if the debtor's remaining assets are not very large, or even all of them are not enough to pay off the debts owed, then the heirs of the person will not be obliged to continue to pay for the debts of the person with their personal assets alone, and they will not be able to recover all the debts owed.

Laws and Regulations

Civil Code of the People's Republic of China

Article 1161:The heirs shall pay off the taxes and debts that the deceased shall pay in accordance with law to the extent of the actual value of the inheritance. The part exceeding the actual value of the estate shall not be subject to voluntary repayment by the heirs.

If the heir renounces the inheritance, he or she shall not be liable for the taxes and debts that the decedent shall pay in accordance with the law. Article 1123: After the commencement of inheritance, it shall be handled in accordance with the statutory succession; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement. Article 1122:Inheritance is the lawful property left behind by a natural person when he or she dies.

An inheritance that is not allowed to be inherited in accordance with the law or by its nature shall not be inherited. Article 18: Adults are persons with full capacity for civil conduct and may independently carry out civil juristic acts.

Minors over the age of 16 who rely on their own labor income as their main livelihood** are to be regarded as persons with full capacity for civil conduct. Article 1162:The execution of a bequest shall not hinder the repayment of taxes and debts that the legatee shall pay in accordance with law.

Summary. Hello. This question if you have a loan agreement or IOU at the time.

It's normal for people to come. It must be returned. If there is no evidence that you have borrowed money from the deceased.

Legally, it's fine. But you should return that little bit of the money.

Hello. This question is like a pure fruit, you have a loan agreement or a loan slip at the time. It's normal for people to come.

It must be returned. If there is no evidence that you have borrowed money from the deceased. Legally, I don't know it's okay.

But you should return that little bit of the money.

I borrowed Party A's money, and Party A died, and his son came to ask for money, and I gave it three times, so I had to ask him to give me a note.

Hello jujube silver. This one is very simple. Directly agree with the Yan Yan to state the total amount owed. Then pay it off in three installments. How much each payment is. Both parties signed and their fingerprints were pressed. It is best to find a local court to notarize it, and it is most secure.

This time, write the IOU, whether it owes his son's name or his father's name.

I'm afraid he's brushing up after paying it back.

The agreement was to specify who owed the money, and then pay it back to his son in three installments.

It is best to find a local lawyer or a court certificate.

I don't understand how to say it in court, justice costs a lot of money.

This one is free. It's best to go to a local law firm. Drafting legal agreements. This fee will be a little cheaper by about 200.

Is this money paid by me or by them.

It's up to both of you to discuss. It should be that you are more likely to come out.

Legal analysis: If the party has left an inheritance, the debts incurred by the party will not be extinguished because of its death, and the evidence can be retained to prosecute.

Basis for the dispersion of the law: Article 1159 of the Civil Code of the People's Republic of China The division of the estate shall pay off the taxes and debts that the decedent shall pay in accordance with the law; However, the necessary inheritance should be reserved for the heirs who lack the ability to work and do not have a livelihood.

When the father dies, the son can get the money back and sue the other party for repayment as the heir. According to the provisions of the Civil Code of the People's Republic of China, other legal property that can be inherited by citizens includes valuable** and creditor's rights that are the subject of property. 【Legal basis

Legal basis

Legal basisArticle 1127 of the Civil Code, inheritance of inheritance shall be in the following order: (1) First order:

spouse, children, parents; (2) Second order: siblings, grandparents, maternal grandparents. After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not inherit; If there is no first-order heir, the second-order heir shall inherit.

For the purposes of this Part, the term "children" includes legitimate children, children born out of wedlock, adopted children and dependent stepchildren. For the purposes of this Part, the term "parents" includes biological parents, adoptive parents and step-parents in a dependent relationship. The term "siblings" as used in this Part includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

Summary. Hello, the person who borrowed your money died, and I also repaid the money, and his family said that you did not repay the way to deal with it as follows: Let's think about whether there was no receipt or other proof of payment at that time, or how to repay the loan, and provide proof of repayment to the other party's wife:

For example, bank transfer records and the like, if there is relevant proof, it is enough to prove that we have repaid the loan and do not need to continue to repay. <>

I don't know how to say that the wife of the person who is dead now comes to ask for money.

At that time, I borrowed 10000000 yuan and didn't have an IOU, so I didn't have an IOU yet.

Hello, the person who borrowed your money died, and I also repaid the money, and his family said that you didn't pay it back The way to deal with it is as follows: Let's think about whether there was no receipt or other typeless voucher at that time, or how to repay, and provide proof of repayment to the other party's wife: such as bank transfer records and the like, Ku Xiang guessed that if there is a relevant certificate, it is enough to prove that we have repaid the loan and do not need to continue to repay.

I borrowed 10000000 yuan and didn't have an IOU, so you didn't have an IOU for him. After all, the party has passed away and now says that it has not been returned, let's focus on communication first, is there a relevant transfer record? [Brigade stops saffron].

Hello, according to the provisions on the burden of proof for private lending in China: 1. The lender shall provide IOUs, receipts, IOUs and other creditor's rights to prove the existence of the legal relationship between the lenders and other evidence. 2. If the lender requires Zheng Gai to repay the arrears, and the debtor claims that it has repaid the loan, it shall provide evidence of the corresponding repayment.

Nothing I paid back in cash.

Hello, you are cash back. Is there a chat history related to repayment, or is there a third-party certifier when repaying? <>

Summary. Dear Hello <>

I'm glad to answer for you: The person who borrowed my money died, and I paid back the money, and his family said I didn't pay it back, what should I do? Hello, dear.

The best solution is to find proof of your repayment, such as IOUs or other parties' transfer records, chat records and other evidence that can prove that you have repaid the money.

The person who borrowed my money died, and I paid him back, and his family said I didn't pay it back, so what should I do?

Dear Hello <>

I'm glad to answer for you: The person who borrowed my money died, and I paid back the money, and his family said I didn't pay it back, what should I do? Kiss, hello and stove.

The best solution is to find proof of your repayment, such as IOUs or other evidence that can prove that you have repaid the money.

If you do not have a high IOU when you repay the loan, you can find friends and family who were present at the time or knew about it, and your or the other party's friends can be used, as long as the witnesses who can prove your repayment can go, and with evidence, you can apply to the court to make a mediation judgment to protect yourself.

It is undoubtedly the best way to sue the court and sue the court to ensure the smooth recovery of debts with the help of the state's coercive power, but compared with the one-to-one creditor's rights and debts, the messy one-to-many debts are more difficult to laugh at. Because in order to use legal means to recover debts, it is necessary to make more preparations and find more evidence than one-on-one. At this time, it is best to have the help of a lawyer, and collect evidence under the advice of the lawyer, so that there will be no confusion and no key points, and the chances of winning the case are greater.

When the person who borrowed the money dies, the money may or may not be returned. If the debtor dies, the heirs are involved in the lawsuit, and the debtor has an estate, the estate will pay off the debt.

If the debtor dies and there are heirs to inherit and the debtor has an estate, the debtor's estate will pay off the debt. If there is an inheritance but no heirs inherit it, the lawsuit will be terminated and the debt cannot be paid. If the debtor has an heir succession lawsuit, but the debtor does not have an estate, then the debt cannot be discharged.

First of all, we need to clarify whether the debtor's debt is a personal debt or a joint debt, joint debts include marital debts and family debts, if it is a joint debt, the debtor dies, and the other spouse is obliged to repay the debt, or the family members should bear the obligation to repay. If it is a personal debt, only the debtor's estate needs to be settled. According to the provisions of the Marriage Act:

During the existence of the marital relationship, the debts owed by the husband and wife shall be borne jointly, unless the husband and wife and the creditor state that the loan is a personal loan.

The second is whether the debtor's relatives inherit the debtor's estate, and the debtor's relatives need to repay the debts owed by the debtor, of course, to the extent of the actual value of the estate, and the debts exceeding the actual part of the estate can not be repaid. However, if the heir renounces the inheritance or does not inherit the inheritance, he or she is not liable to repay the debt.

1. If the debtor dies and there are heirs to inherit and the debtor has an inheritance, the debt will be paid off by his estate.

2. If, although there is an inheritance, there is no heir to inherit it, the lawsuit will be finalized and the debt cannot be paid.

3. If the debtor has an heir inheritance lawsuit, but the debtor has no inheritance, then the debt cannot be repaid.

Legal basis: Civil Procedure Law of the People's Republic of China

Article 150:In any of the following circumstances, litigation is suspended: Where one of the parties dies and it is necessary to wait for the heirs to indicate whether they will participate in the litigation; Article 151:In any of the following circumstances, litigation is concluded: The plaintiff dies and has no heirs, or the heirs have waived their litigation rights; The defendant dies and has no inheritance and no person who should bear the obligation;