What to do if you have debts that you can t pay off, what to do if you can t pay off your debts

Legal analysis: If there is a debt that cannot be repaid, if it is due to temporary insolvency, as long as the creditor agrees or the people's court ruling, it can be repaid in installments. The other is permanent insolvency, so the debtor's personal existing property has to be repaid, which needs to be heard by the court, make a judgment, and then put into enforcement, that is to say, how much personal property the debtor can pay off, the creditor can take as much as possible.

Regardless of the amount of debt, if it is really not repaid, it is best to negotiate to repay it in instalments.

Legal basis: Article 257 of the Civil Procedure Law of the People's Republic of China: In any of the following circumstances, the people's court shall rule to terminate enforcement:

1) The applicant withdraws the application;

2) The legal documents on which enforcement is based have been revoked;

3) The citizen who is the person subject to enforcement dies, has no estate to enforce, and has no obligation;

4) The person entitled to the right to recover alimony, alimony, or child support is deceased;

5) The citizen who is the person subject to enforcement is unable to repay the loan due to living difficulties, has no income, and loses the ability to work;

6) Other circumstances where the people's court finds that enforcement should be terminated.

Article 108 of the Civil Code of the People's Republic of China 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.

Legal analysis: There are many reasons why debts cannot be enforced, if it is caused by the enforcement court's inaction due to the enforcement court's enforcement conditions, then the applicant for enforcement can apply to the higher court for escalation of enforcement; If it is caused by the fact that the person subject to enforcement has no property available for enforcement, then the enforcing court may terminate the enforcement, and if the applicant for enforcement finds that the person subject to enforcement has property available for enforcement after inquiring about the property of the person subject to enforcement, he may apply for enforcement again. Re-application is not subject to the limitation period for the application for enforcement.

Legal basis: "Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China" Article 519: Where no property is found to be available for enforcement after a property investigation, a ruling may be made to terminate the enforcement procedure after the person applying for enforcement signs and confirms it or the enforcement court forms a collegial panel to review and verify it and is approved by the court president. After enforcement is terminated in accordance with the provisions of the preceding paragraph, if the person applying for enforcement discovers that the person subject to enforcement has property that can be used for enforcement, he may apply for enforcement again.

Re-application is not subject to the limitation period for the application for enforcement.

Legal analysis: 1. Negotiate with creditors to installment, postpone or reduce debts;

2. If the other party does not agree to extend or reduce the debt, and wants to sue the debtor, it must actively respond to the lawsuit and strive for installments or deadlines;

3. If the court does not support the debtor's installment or extension, it will repay all debts within a time limit. If the respondent has the ability to repay but refuses to pay, the seller of the creditor's right may apply for enforcement;

4. If the debtor really has no money to repay, even if the other party wins the lawsuit, the court enforcement officer knows that there is no money and cannot enforce it.

Legal basis: Article 392 of the Civil Code of the People's Republic of China Where the secured creditor's right is secured by both a real and a personal guarantee, and the debtor fails to perform the due debt or the debtor realizes the security interest as agreed by the parties, the creditor shall realize the creditor's right in accordance with the agreement; If there is no agreement or the agreement is not clear, and the debtor provides security for the thing, the creditor shall first realize the creditor's right on the security of the thing; If a third party provides security in kind, the creditor may realize the creditor's rights in respect of the security in rem, and may also request the guarantor to bear the guarantee liability. After the third party providing the guarantee assumes the guarantee liability, it has the right to recover from the debtor.

Legal analysis: When a legal person is unable to repay its debts, it can file for bankruptcy first. After the liquidation is completed, the property is used to pay off debts. If the liquidated property cannot pay off Xun's debts in the same order, then it can be distributed according to a certain proportion.

Legal and non-existent basis: Article 49 of the Civil Procedure Law of the People's Republic of China The parties have the right to entrust a person to submit an application for recusal, collect and provide evidence, conduct debate, request mediation, file an appeal, and apply for enforcement. The parties may consult the relevant materials of the case, and may make copies of the relevant materials and legal documents of the case.

The scope and methods for inspecting and reproducing materials related to this case are to be provided for by the Supreme People's Court. The parties must exercise their procedural rights in accordance with the law, abide by the order of the litigation, and perform the judgments, rulings and mediation documents that take legal effect.

Legal analysis: If the debtor owes money and there is no way to repay it, then the creditor can file a lawsuit with the people's court in the jurisdiction. If the court still does not repay the money after making a judgment, it can apply for compulsory 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 the courts across the country. After being blacklisted, the debtor will be restricted from spending a high inspection fee.

Legal basis: "Civil Source Drought Litigation Law of the People's Republic of China" Article 224:The property portion of a legally effective civil judgment or ruling, as well as a criminal judgment or ruling, is to be enforced by the first-instance trial court or the people's court at the same level as the first-instance trial court for the location of the property being enforced. 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.

Legal Analysis: There are two different situations in which the debtor is unable to repay: one is temporary insolvency.

If this is the case, the debtor may repay the loan in installments in accordance with the relevant provisions of the Civil Code. The other is permanent insolvency. In the case of permanent insolvency, the debtor's personal existing property can only be satisfied.

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

Article 577:Where one of the parties fails to perform its contractual obligations or its performance does not conform to the agreement, it shall bear liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.

Article 578:Where one of the parties expressly states or shows by its own conduct that it will not perform its contractual obligations, the other party may request that it bear liability for breach of contract before the expiration of the performance period.

Article 579:Where one of the parties fails to pay the price, remuneration, rent, or interest, or fails to perform other monetary debts, the other party may request payment from the other party.