What to do if an individual is unable to repay their debts, and what to do if they are unable to rep

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 or 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. What should I do if I am unable to repay my personal debts?

Article 108 of the General Principles of the Civil Law stipulates that "debts shall be repaid. 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. "It follows that it is certain that the debtor must repay the debt. However, there are currently two situations in society in which debts are not repaid, one is unable to repay, and the other is the ability to do so but refuses to repay.

The General Principles of the Civil Law only provide for the above-mentioned principles.

In practice, there are two different situations in which a debtor is unable to repay: one is a temporary insolvency. If this is the case, the debtor may repay the loan in installments in accordance with the relevant provisions of the above-mentioned General Principles of the Civil Law.

The other is 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.

Be 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.

2. What should I do if the debtor does not repay the debt for a long time?

1) Pay attention to reminders.

There is a saying that "there is a loan and a repayment, and it is not difficult to borrow again", however, in real life, there are still people who do not speak of credit, some of them do not repay when due, and some borrow the whole to repay zero, etc. Therefore, if the loan has exceeded the agreed period of the two parties, but the loan has not been repaid, the lender should consider remonstructing, reminding the borrower, and urging the borrower to return the loan within a reasonable period of time.

2) Promptly prosecute.

If the rights of the borrower and the borrower are infringed, the infringed party shall file a lawsuit with the court within two years from the date on which the borrower knows or should have known that the rights have been infringed. If the statute of limitations exceeds two years, the people's court will not accept it, and the lender's claim will lose its legal protection.

To prevent the statute of limitations from being exceeded, the lender can interrupt the statute of limitations by asking the borrower to write out a repayment plan before the statute of limitations expires. According to China's laws, the new statute of limitations can be recalculated from the date of interruption, so that the lender not only has the right to sue, but also can continue to have the right to win the lawsuit, which is conducive to protecting the legitimate rights and interests of the lender.

Legal analysis: What to do if an individual is unable to repay debts: 1. You can obtain the consent of creditors to pay debts 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. Bankruptcy refers to when all the assets of the debtor are not used to pay off the debts due, the creditor provides all the assets of the debtor for equal compensation through a certain procedure, so that the debtor is exempted from other debts that cannot be discharged, and the court declares bankruptcy and dissolves.

Legal basis: Article 236 of the Civil Procedure Law: 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.

If an individual is unable to repay his debts, he or she may negotiate with the creditor and agree on a time limit for repayment. If it is the court's enforcement money and is temporarily unable to repay, it can apply for repayment in installments. and where they have the ability to repay and refuse to repay, the people's court is to make a judgment to compel repayment.

The borrower shall return the loan within the agreed time limit. If the agreement is unclear, the borrower can return it at any time; The creditor can demand the borrower to repay within a reasonable period of time. According to Article 675 of the Civil Code, 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.

The personal arrears are insolvent and are dealt with in three situations:

1.For those who are temporarily unable to repay, they can negotiate a deferment or installment repayment.

2.If you have the ability but do not repay, you can file a lawsuit with the court and apply for enforcement.

3.If the borrower is permanently unable to repay, it 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 enforcement.

If an individual is unable to repay his debts, he or she should negotiate with the other party as soon as possible and persuade the other party to give him a certain grace period to raise funds. If the other party agrees, the parties can seek a new solution within the grace period. If the other party does not agree, the parties shall repay the debt in a timely manner in accordance with the contract.

If the party fails to repay the debt on time, it may be sued by the other party, and may even be listed as a dishonest executor. Therefore, negotiating with the other party is the most economical and safest method. In the process of negotiation, the parties can explain their true situation to the other party and inform the other party that they do not want to repay the loan, but that they are temporarily unable to repay the loan.

If the other party agrees, the parties can change the specific performance period of the loan. Specifically, this is mainly based on the provisions of Article 678 of the Civil Code of China.

Legal basis. Civil Code of the People's Republic of China Article 676 Where the borrower fails to return the loan within the agreed time limit, it shall pay overdue interest in accordance with the agreement or the relevant provisions of the State.

Article 678 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.

Only staging is possible. Slowly return. Or a family working part-time. Debts must be repaid. There's no way around this. I don't pay it back in this life. I still have to pay it back in the next life.

If you are unable to repay your debts, you can only say that your debts are there, if there are too many things, you will not be able to pay it off in your life, this can only say that you are a credit blacklist, it also depends on the money you use, if you are borrowing money from the state, you may be sued, if you are private, as long as you have money, others will look for you, if you have a contract with others, others will also sue you and sell all your family property.

An individual who is unable to pay his debts can apply to the court for financial liquidation.

If an individual is unable to repay his debts, he will be prosecuted by the court and his personal assets will be seized, so don't do this and do your best to pay off the debt, otherwise you will break the law.

Hello, my friend is personally identified, it depends on the specific situation, if you have children, you may also let your children pay off your debts. The main thing is to freeze everything you have, the bank and your own property.

Summary. Hello dear, happy to answer your <>

Personal debts are insolvent and the debts can be paid in installments with the consent of creditors.

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

Hello dear, happy to answer your <>

Personal debts are insolvent and the debts can be paid in installments with the consent of creditors.

Legal analysis: If the debtor is unable to repay the debt, the debtor can apply to the court for bankruptcy, and then apply for the potato sock party to repay the debt in installments to reduce the pressure of debt repayment. 1. If the repayment is still made by the date of repayment, if the corresponding liability for breach of contract is stipulated in the IOU, such as:

Late payment fees, etc., the ultimate debtor may be liable for liquidated damages other than the principal and interest. 2. If the creditor still does not repay the loan after suing the court, it may affect the debtor's credit and be included in the "blacklist". This will cause inconvenience to the debtor's future life such as loans, travel, etc.

3. A simple private loan is generally not enough for criminal liability, but if the debtor uses fictitious facts or conceals the truth for the purpose of illegal possession to defraud a large amount of public or private property, it may constitute the crime of fraud and be investigated for criminal liability. It is generally believed that the basic structure of the crime is as follows: the perpetrator commits fraud for the purpose of illegal ownership, the victim has a misunderstanding, the victim disposes of property based on the misunderstanding, the perpetrator obtains property, and the victim suffers property losses.

Legal basis: Article 119 of the Civil Procedure Law of the People's Republic of China A lawsuit must meet the following conditions: (1) the plaintiff is a citizen, legal person, or other organization that has a direct interest in the case; (2) There is a clear notice of being leased; (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.

Now that I owe them money and I don't have the money to pay it back, will they sue me and I will go to jail?

There will be no jail time, but the property will be executed.

I don't have property, they chase ** every day, can I not pick up their **?

If you can take it, you should take it, otherwise the other party sues you and you may be executed as a dishonest person, which is not worth it.

It's better to negotiate if you can negotiate.

If the personal debt cannot be repaid, if the debtor and the creditor agree to repay it in installments, the debtor can repay it in installments. If the debtor has the ability to repay but fails to do so, the creditor may file a lawsuit with the people's court, and the people's court will make a judgment to compel repayment.

Legal basis.

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. Article 585:The parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach, and may also agree on the method of calculating the amount of compensation for losses arising from the breach. If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase them at the request of the parties; Where the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them at the request of the parties.

If the parties agree on liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.