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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 and 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.
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1. What should I do if I can't repay the money I owe?
1. The money owed is really unable to be repaid, and the solutions are as follows:
1) For those who are temporarily unable to repay, they can negotiate a postponement 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 enforcement.
2. Legal basis:
Article 678 of the Civil Code of the People's Republic of China.
The borrower can apply to the lender for an extension before the expiration of the repayment period; If the lender agrees, it can be extended.
2. What should I do if I am unable to repay the loan?
What to do if you are unable to repay the loan you owe, as follows:
1. If the loan is owed and unable to be repaid, it can negotiate with the creditor and agree on the repayment period;
2. If it is the court's enforcement money and is temporarily unable to repay, it can apply for installment repayment. where they have the ability to repay and refuse to repay, the people's court is to make a judgment to compel repayment;
3. The borrower shall return the loan within the agreed time limit. If the agreement is unclear, the borrower may return it at any time, and the creditor may urge the borrower to repay within a reasonable period of time;
4. The borrower shall return the loan within the agreed time limit;
5. If there is no agreement on the term of the loan or the agreement is not clear, the lender may urge the borrower to return it within a reasonable period.
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If you owe money and are unable to repay it, you can negotiate with creditors to defer the repayment of the debt. If it is really impossible to realize the debt, the property on the spot can only be used as collateral to repay the debt. However, if the court refuses to enforce the case because it has the ability to repay the loan, the court may detain the losing party on the grounds of refusal to execute.
Legal basis: Article 108 of the Civil Code 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. where they have the ability to repay and refuse to repay, the people's court is to make a judgment to compel repayment;
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Hello, the debtor needs to take the initiative to negotiate with the creditor and ask for installment repayment or other property offset. If there is no negotiation, the creditor can file a lawsuit with the court, wait for the court's judgment, and use other property in his name for enforcement, if there is no other property, wait for the future property to resume enforcement, or the court can inquire about other property subject to enforcement from the relevant unit, and has the right to make a ruling. The debtor should actively propose a solution and reach a negotiation with the bank as soon as possible.
Basis for the leniency of the law: 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 judgment 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 enforcement, and the relevant units must handle it.
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The debtor's inability to pay the debt shall be dealt with as follows:
1. If the debtor 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. If they have the ability to repay and refuse to repay, the people's court shall make a judgment to compel repayment;
3. The law also takes into account this situation, and stipulates that if the debtor is unable to repay the debt, it may agree with the creditor to repay the debt in installments;
4. You can also file a lawsuit with the court, and submit it to the court to review the debtor's economic situation, and the court will enforce and supervise the situation, or auction the property of the person subject to enforcement for compensation.
The dangers of overdue money owed:
1. Overdue fees, including penalty interest and liquidated damages;
2. Affect personal credit records. If the loan company does not have a financial license, the arrears will not be repaid on the credit report, which will not affect your personal credit record, but if you are sued to the court and still refuse to return it, you may be included in the list of dishonest judgment defaulters;
3. If the circumstances are serious, it will constitute a crime and need to bear criminal responsibility in accordance with the law. If the parties refuse to perform and maliciously evade the debt, then it will rise to the level of a crime, and criminal responsibility will be investigated for the heinous acts. <>
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Legal analysis: If the law of our country provides that 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. where they have the ability to repay and refuse to repay, the people's court is to make a judgment to compel repayment;
Legal basis: "Civil Procedure Law of the People's Republic of China" Article 244: 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 seal, seize, freeze, auction, or sell the part of the property that the person subject to enforcement shall perform the obligations of. However, the necessities of life for the person subject to enforcement and the family members they support shall be retained.
The people's court shall make a ruling on the adoption of the measures in the preceding paragraph.
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. >>>More
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. >>>More
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. >>>More
As long as your loan procedures are legal and there is no fraud, that is, the loan cannot be repaid, and you will not go to jail, but the bank will definitely sue you, and then the court will seize your property, including all your property such as car real estate deposits, if you don't have it, the court can only negotiate with you to repay the loan in installments, and if you can't install, the court can only limit your high consumption.
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