What should I do if my friend borrows money and doesn t pay it back, but his property is not in his

Question: My friend borrowed money from me and promised to pay it back soon, but now it's only partially repaid in a year. Now I am filing a lawsuit with the court, but there is a problem of difficulty in enforcement.

My friend has three properties, but only one has his wife's name written on it, and the other two belong to his son. What should I do? Mr. Zheng:

Specifically, look at the purpose of the loan, if it is used for business, it is okay. Lawyer Hu: It is recommended to sue his wife together for joint debts of husband and wife.

Lawyer Wu: First, if the debt is formed during the marriage of the husband and wife, you can directly sue the wife in the lawsuit and preserve his wife's property, so that the enforcement will be guaranteed. 2. If the debt is formed during the marriage of the husband and wife, and the wife is not sued in the lawsuit, the application is added to the property of the wife directly during the execution.

3. If the debt is not formed during the marriage of the husband and wife, and the wife's real estate and factory belong to the joint property of the husband and wife, you have the right to apply for the enforcement of the share belonging to the husband. What are the main terms of the loan contract? According to Article 197, Paragraph 2 of the Contract Law, the main contents of the loan contract are:

1. The name and address of the borrower, lender and guarantor, and the name of the legal representative (whether the guarantor needs to be proposed by the borrower according to the borrower's situation or the negotiation between the borrower and the borrower). 2. Types of loans. 3. The purpose of the loan.

The state policy stipulates that loans are not allowed to be used to make up for losses, advance misappropriated taxes and profits, administrative expenses and employee welfare, or be used for capital construction (except for CCB's infrastructure loans), but can only be used to improve economic efficiency and expand reproduction. 4. Borrowing currency. The currency of borrowing refers to RMB or other foreign currencies.

5. The amount of the loan. It refers to the approved amount, and the loan exceeding the prescribed amount must be approved by the People's Bank at a higher level. 6. The term of the loan.

The term of the loan shall be agreed by both parties in the contract, which refers to the time of repayment by the borrower, and the borrower shall perform on time in accordance with the regulations, and shall bear civil liability if the time limit is exceeded. If there is no agreement on the repayment time in the loan contract or the agreement is not clear, the supplementary agreement shall generally be determined or settled according to the transaction custom, and if the supplementary agreement cannot be reached or the transaction is still uncertain, the borrower may repay the loan at any time, and the lender may also require the borrower to repay the loan within a reasonable period of time at any time. 7. Borrowing interest rate.

The interest rate is strictly set by the state, and the two sides should determine the borrowing interest rate between the upper and lower limits of the interest rate set by the People's Bank of China. 8. Repayment method. It means that the borrower returns the loan in accordance with the repayment settlement method prescribed by the People's Bank of China, and if the borrower fails to repay the loan on time, the borrower shall apply to the lender, and after consent, the repayment may be postponed, and if the loan is not repaid within the time limit, it shall bear civil liability.

9. Warranties. It refers to the commitment made by the borrower to the direction of use and repayment period of the borrowed funds. 10. Liability for breach of contract.

It is the responsibility of the borrower to use the borrowed money for projects other than the purpose of borrowing or overdue repayment. Ten.

1. Miscellaneous. Other matters that the parties deem necessary to agree.

What should the father do if he borrows money and does not repay the real estate certificate.

For such a thing, I suggest that you can directly search on WeChat to create an electronic agreement, and if you do not repay it when it expires, you can initiate an online arbitration application.

Legal analysis: If you have a property in your name but you owe money but do not pay it back, you can directly apply to the court for enforcement. According to the provisions of the relevant national laws, if the house price is clearly marked but there is a phenomenon of non-payment of arrears, the property can be auctioned, and then the obtained price can be used to repay the debts of the other party.

Legal basis: Article 20 of the Provisions of the Supreme People's Court on Several Issues Concerning the Handling of Enforcement Objections and Reconsideration Cases by the People's Courts: In the enforcement of monetary creditor's rights, if one of the following circumstances is met, and the person subject to enforcement raises an objection on the grounds that the subject of enforcement is a residential house necessary for the maintenance of life for himself and his or her dependents, the people's court will not support it: (1) the person who has the obligation to support the person subject to enforcement has other residential houses in his name that can maintain the necessities of life; (2) After the basis for enforcement takes effect, the person subject to enforcement transfers other houses under his name in order to evade debts; (3) The person applying for enforcement provides residential housing for the person subject to enforcement and his or her dependents in accordance with the local standard for the guaranteed area of low-rent housing, or agrees to deduct five to eight years' rent from the price of the house with reference to the average rent standard of the local housing rental market.

Where the basis for enforcement determines that the person subject to enforcement has delivered a house for residence, a grace period of three months has been given since the date of service of the enforcement notice, and the person subject to enforcement raises an objection on the grounds that the house is necessary for him and his family members to maintain his or her life, the people's court will not support it.

Legal analysis: If the debtor has no property in his name, he can sign an installment repayment agreement with the other party first. Once it is found that the other party has property that can be enforced, immediately sue for property preservation and claim repayment.

Legal basis: Article 580 of the Civil Code of the People's Republic of China: Where one of the parties fails to perform a non-monetary debt or the performance of a non-monetary debt does not conform to the agreement, the other party may request performance, except in any of the following circumstances:

1) Legally or factually unable to perform;

2) the subject matter of the debt is not suitable for compulsory performance or the cost of performance is excessive;

3) The creditor does not request performance within a reasonable period of time.

Where there are any of the exceptions provided for in the preceding paragraph, resulting in the inability to achieve the purpose of the contract, the people's court or arbitration institution may, at the request of the parties, terminate the contractual rights and obligations, but this does not affect the assumption of liability for breach of contract.

Legal analysis: If the borrowed money is not repaid and there is no asset in the name, a lawsuit can be filed with the court to require the debtor to repay. After the court makes a judgment and the judgment takes effect, apply to the court for compulsory enforcement.

If the court finds that the debtor really has no property to enforce during enforcement, the enforcement will be suspended, and if it is found that the debtor has property to enforce, it can apply to the court to resume enforcement.

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

Article 242:Where the person subject to enforcement fails to perform the obligations set forth in the legal documents 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, from the relevant units. 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 enforcement, and the relevant units must handle it.

Article 214:Where a creditor requests the debtor to pay money or valuables, and meets the following conditions, it may apply to the basic level 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.

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

Article 216:After accepting an 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 of accepting the creditor's rights and debts, if the creditor's rights and debts are clear and lawful; If the application is not sustained, a ruling shall be made to reject it. The debtor shall pay off the debt within 15 days from the date of receipt of the payment order, or 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.

If the friend owes money and does not pay it back, and the party wants to freeze his house, he can first file a lawsuit with the court, and if the other party still does not perform his obligations according to the effective legal judgment, he can apply to the court for enforcement, and the court will seize the real estate in the name of the person subject to enforcement.

Article 243 of the Civil Procedure Law, where a legally effective civil judgment or ruling, must be performed by the parties. 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. Article 245:Where one party fails to perform on a creditor's rights document that has been given the effect of compulsory enforcement by a notary public in accordance with law, the other party may apply to the people's court with jurisdiction for enforcement, and the people's court receiving the application shall enforce it. If there is a mistake in the notarized creditor's rights document, the people's court shall rule not to enforce it, and send the ruling to both parties and the notary public.

Summary. Hello dear. For the case of borrowing money and not repaying it, we need to first consider the provisions of the law.

According to the provisions of the Contract Law of the People's Republic of China, a loan contract is a special paid contract, which stipulates that the property that the borrower must return is currency, and if the borrower fails to perform the debt, the lender may require it to perform or pay liquidated damages. Therefore, if your friend does not repay the loan, there is a legal basis.

Hello dear. For the case of borrowing money and not repaying it, we need to first consider the provisions of the law. According to the provisions of China's Contract Law, the loan contract is a special and paid contract, which stipulates that the property that the borrower must return is Bohui currency, and if the borrower fails to perform the debt, the lender may require it to perform or pay liquidated damages.

Therefore, if your friend does not repay the loan, there is a legal basis.

If the amount you lend him is not very large, consider settling it privately. Try to communicate with him to find out his specific situation and see if you can negotiate a return. If the other party is really unable to return it, you can consider mortgaging his property, if the other party does have a property, you can first find out if he has a real estate certificate, if there is no real estate certificate, directly find the real estate management department for verification.

If the amount borrowed is relatively large, it is highly recommended to seek legal assistance. If it is an ordinary loan, you can apply to the court for enforcement by suing or other means, so that the other party can repay the loan and bear the corresponding liquidated damages. If it is a loan, you can contact the bank and apply to the court to enforce the secured property.

In addition, you can also entrust a professional lawyer** to take appropriate legal means to solve the problem. Regardless of the way you go, you need to pay attention to the legal process and legal rights to avoid unnecessary disputes and losses. <>

Any questions, dear? 

Summary. Kiss! Hello, happy to answer for you!

If you lend money to someone but they don't pay it back and they own the property, you can recover the debt through legal means. You can sue the other party through a lawyer to demand that the loan be returned. If the other party still does not return it, you can apply to the court to seize the other party's property.

If the other party has the title deed, you can freeze the other party's title deed through the court to prevent the other party from transferring or **. If the other party is unable to repay the loan, you can go through the court enforcement process and auction the other party's property to repay your loan. Before proceeding with these legal proceedings, you need to make sure that you have enough evidence to prove that the other party actually owes you a loan, and that you have tried to negotiate a resolution with the other party but have not been able to make any progress.

What should I do if I borrow money <> and don't repay his property?

Kiss! Hello, happy to answer for you! If you lend money to someone but they don't repay the loan and they own the property, you can recover the debt through legal means.

You can sue the other party through a lawyer to demand that the loan be returned. If the other party still does not return it, you can apply to the court to seize the other party's property. If the other party has the title deed, you can freeze the other party's title deed through the court to prevent the other party from transferring or **.

If the other party is unable to repay the loan, you can go through the court enforcement process and auction the other party's property to repay your loan. Before proceeding with these legal proceedings, you need to make sure that you have sufficient evidence to prove that the other party does owe you a loan, and that you have tried to negotiate a resolution with the other party but have not been able to make any progress. <>

<> legal basis: According to Article 141 of the Contract Law of the People's Republic of China, a closed-round loan contract is a legal relationship, and the borrower shall repay the principal and interest of the loan in accordance with the term and manner agreed in the contract. If the borrower fails to repay the loan in accordance with the contract, the borrower may file a lawsuit with the court to require the borrower to bear the liability for breach of contract.

According to Article 113 of the Civil Procedure Law of the People's Republic of China, a creditor may apply to the court for sealing, seizing or auctioning off the debtor's property to ensure the realization of the creditor's rights. If the borrower owns the property, the borrower can apply to the court for sealing, seizure, or auctioning the property to achieve the recovery of the creditor's rights. If the borrower fails to fulfill the repayment obligation, the borrower can recover the loan through the legal channels of Jiaoxiaoxin.

If the borrower owns the property, the borrower can apply to the court for seizure, seizure, or auction of the property to recover the creditor's rights. <>