Do you still have to pay back the money you owe when you die? If the debtor dies, will the money sti

When a person dies, the money owed is still repaid, to be repaid by the heirs within the scope of the inherited property.

The inheritance shall pay off the taxes and debts that should be paid by the deceased during his lifetime, and the taxes and debts paid shall be limited to the actual value of the estate. In addition, the excess part is voluntarily paid off by the heirs. Therefore, when the debtor dies, the debts incurred during his lifetime shall be repaid by his estate, and the scope of repayment shall be limited to the actual value of the estate, and there is no restriction on the voluntary repayment of more than part of the heirs.

However, if the debtor's legal heirs are unwilling to repay, then the creditor's claim will be completely extinguished and cannot be compensated if the creditor's claim is insufficient after the debtor's estate is repaid or the debtor has no estate to repay.

Legal basis]:

Article 1159 of the Civil Code of the People's Republic of ChinaThe inheritance shall pay off the taxes and debts that the decedent shall pay in accordance with the law, and the payment of taxes and debts shall be limited to the actual value of his estate. 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 may not be liable for repaying the taxes and debts that the decedent should pay in accordance with the law.

The money is still used back. The statement that people die and debts are eliminated is wrong. When the debtor dies, the debt cannot be extinguished.

To recover debts, it is necessary to first look at whether the debtor has retained property, and secondly, whether there is a guarantor of the debt. After the death of an ordinary citizen, if he has property, his debts shall be borne by his heirs; If there is no property or the heir renounces the inheritance, the heir shall not bear the debts of the decedent.

Extended information: What should I do if I owe money and don't pay it back, and I can't find it.

First of all, even if this person cannot be found, the plaintiff can still file a lawsuit in court if he can clearly provide accurate information about this person, such as name, household registration and other relevant information. If you can't be sure who it is or you only know some nicknames and other nicknames, you can't file a case.

Second, if the defendant cannot be found, the court will announce that the summons is served, and if he still does not appear in court after the announcement, he may hear or make a judgment in absentia. Of course, since the announcement period is two months, the case will take longer in this case.

Thirdly, if the defendant cannot be found after the judgment, but the defendant's property can be found, it can be directly enforced by the court.

What if neither people nor property can be found? Is there no point in such a verdict?

If nothing can be found, the court will not be able to enforce it for the time being, and the case will be temporarily suspended. However, if you can't find it for a while, it doesn't mean that you can't find it for a lifetime, and if you find clues about the defendant's person or property in the future, because there is already an effective judgment and the enforcement procedure has begun, the court can immediately take corresponding measures.

Finally, because litigation is time-barred, if you can't file a lawsuit or claim rights before the statute of limitations arrives, once the statute of limitations is exceeded, even if you can find the other party and sue in court, you will not be able to win the lawsuit. The statute of limitations for general creditor's rights and debts and contract disputes is two years, starting from the time of payment.

The debtor dies and the money has to be repaid. The law stipulates that after the death of a person, his heirs shall pay off the taxes and debts that the decedent shall pay according to law within 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.

What are the consequences of not paying the arrears.

The consequences of non-payment of arrears are as follows:

1. Overdue fees, including penalty interest and liquidated damages;

2. Affect personal credit records. If the lending enterprise does not have a financial license, the arrears will not be repaid on the credit report, and the personal credit record will not be affected, but if it is sued to the court and still refuses to return it, it may be included in the list of 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.

Legal basis]:Article 1161 of the Civil Code of the People's Republic of China.

The heirs shall pay off the taxes and debts that the decedent shall pay in accordance with the law within 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 1163.

Where there is both statutory inheritance and testamentary succession or bequest, the legal heirs shall pay off the taxes and debts that the decedent shall pay in accordance with law; The part exceeding the actual value of the statutory inheritance shall be repaid by the testamentary heirs and legatees in proportion to the inheritance.