If there is a debt dispute, what should I do if the car is detained and the police are not dealt wit

Updated on society 2024-08-11
16 answers
  1. Anonymous users2024-02-15

    Go to the court and fight the lawsuit yourself. The car was detained, and you also said that it was because of a debt dispute, which means that the car was detained for no reason. The police also believe that it does not constitute a crime. Then you can only go to civil disputes and go to the court to litigate.

  2. Anonymous users2024-02-14

    Then you can settle it through litigation and ask the other party to return the vehicle, and ordinary citizens have no right to seize other people's property without permission, which is a tort.

  3. Anonymous users2024-02-13

    If the car is impounded and it is impounded by the court, it cannot be reported to the police – and even if it does, the police will not deal with it. If it is not seized by the court, it can be reported to the police. The handling of the police is only on a case-by-case basis, and will not help to repay debts or help to collect debts.

    Because this is a civil economic dispute, the police do not care, but the court is in charge.

  4. Anonymous users2024-02-12

    If there is a debt dispute, the car is detained and the police are not dealt with, this can be done through a lawsuit, or you communicate the debt, and the other party will not deduct your words if you solve it.

  5. Anonymous users2024-02-11

    If there is a debt dispute, what should I do if the car is detained and the police are not dealt with? Even if you have a debt dispute, it's not okay to detain the car casually. The police are supposed to deal with it for you.

  6. Anonymous users2024-02-10

    The police are not easy to ask about this situation, and if the conflict caused by the debt dispute cannot be mediated, only the court can resolve it.

  7. Anonymous users2024-02-09

    I'm afraid the police will think you're in an economic dispute.

    If you want the police to take action, you can ask them to issue a notice of non-filing.

    Then you take the administrative review and the lawsuit.

  8. Anonymous users2024-02-08

    There is no need to dream all the time, it is better to go to work and make money quickly to realize your dreams.

  9. Anonymous users2024-02-07

    Generally speaking, if someone does this, then there will be an economic dispute in the car, so even if you call the police, you will not be able to solve this economic dispute.

  10. Anonymous users2024-02-06

    If there is no mortgage on the side of the person who impounded the car, if not, he cannot seize it, but others can apply for preservation of your property through the court for your debts, even if they do not apply, the police generally do not care.

  11. Anonymous users2024-02-05

    If you're in a debt dispute, the police station doesn't seem to care about you. As long as there are no fights, they don't care.

  12. Anonymous users2024-02-04

    If the other party is not legal, you can definitely call the police, and you will be able to fully defend it.

  13. Anonymous users2024-02-03

    The police generally ignore the police if they owe money and arrest the car, because this is a civil dispute, and the individual has no right to impound another person's vehicle, but based on the arrears relationship between the two parties, it generally does not constitute an illegal act and can be appealed to the court. Due to economic disputes, the car can be handled through arbitration, civil litigation, administrative reconsideration, administrative litigation, etc. It is very irrational to detain another person's vehicle without permission, and when encountering a creditor's rights dispute, it should be actively resolved through legal means.

    The main ways and means of resolving economic disputes are arbitration, civil litigation, administrative reconsideration and administrative litigation.

    1. Arbitration and civil litigation are two different ways of dispute resolution. In the event of a dispute between the parties, the parties can only choose one of the two methods of arbitration or civil litigation to resolve the dispute. A valid arbitration agreement can exclude the jurisdiction of the court, and the court can exercise jurisdiction only if there is no arbitration agreement or the arbitration agreement is invalid, or the parties waive the arbitration agreement, which is known in law as the principle of arbitration or adjudication.

    2. The choice of administrative reconsideration and administrative litigation is related to the nature of the dispute. According to the different provisions of the law, some can directly file a lawsuit with the court, or they can apply for administrative reconsideration first, and then file a lawsuit if they are not satisfied with the administrative reconsideration decision; Some can only apply for administrative reconsideration first, and can only file an administrative lawsuit if they are dissatisfied with the administrative reconsideration decision; Others can only be resolved through administrative reconsideration, and the administrative organ will make a final ruling on the dispute.

  14. Anonymous users2024-02-02

    The creditor does not have the right to detain the debtor's car, and the creditor may apply to the people's court to preserve the debtor's property.

    1. Whether the transferee can exercise the right of revocation and subrogation after the assignment of creditor's rights.

    After the assignment of creditor's rights, the new creditor may file a lawsuit for avoidance and subrogation against the original debtor.

    After the assignment of the main creditor's right, the subordinate rights are transferred together. If the original debtor disposes of the property rights and interests free of charge by waiving its creditor's rights, waiving the guarantee of creditor's rights, transferring the property free of charge, etc.;

    or maliciously prolongs the performance period of the due creditor's rights, affecting the realization of the creditor's creditor's rights, the new creditor may request the people's court to revoke the debtor's act.

    If the debtor's negligence in exercising its creditor's rights or subordinate rights related to the creditor's rights affects the realization of the creditor's due creditor's rights, the new creditor may request the people's court to subrogate the debtor's rights against the counterparty in its own name, except that such rights are exclusive to the debtor itself.

    2. What should I do if I owe too much debt and cannot repay it?

    Generally speaking, if you can negotiate, you can negotiate as much as possible, and if you can't negotiate, you can file a lawsuit with the people's court in a timely manner within the statute of limitations. In accordance with the provisions, if the debtor is temporarily unable to repay, the debtor may repay the loan in installments with the consent of the creditor or the ruling of the people's court. If it is permanently unable to repay, it can only be repaid on the debtor's existing personal property.

    Debts that cannot be repaid approximately:

    1. The debtor may negotiate with the creditor to repay the loan in installments, postpone repayment or reduce the debt;

    2. If the debtor is listed as a defendant by the creditor, the debtor should actively respond to the lawsuit;

    3. The creditor may apply to the court for compulsory enforcement.

    3. What to do with the transfer of assets and debts.

    China's Civil Code provides for property preservation. Normally, if the debtor signs the IOU and then transfers personal property, it can generally be considered that the property is transferred in order to avoid the debt in bad faith. At this time, the creditor may apply to the people's court of the jurisdiction where the debtor is located for property protection.

    At the same time, the creditor also needs to apply to the court to revoke the debtor's unauthorized transfer of assets.

    Article 101 of the Civil Procedure Law provides that if an interested party does not immediately apply for preservation due to an urgent situation, its lawful rights and interests will be irreparably harmed, it may apply to the people's court with the place where the property subject to preservation is located, the domicile of the respondent, or the people's court with jurisdiction over the case to take preservation measures before initiating a lawsuit or applying for arbitration. The applicant shall provide a guarantee, and if the applicant does not provide a guarantee, a ruling shall be made to reject the application. After the people's court accepts the application, it must make a ruling within 48 hours; Where a ruling is made to employ preservation measures, enforcement shall begin immediately.

    Where the applicant does not initiate litigation or apply for arbitration in accordance with law within 30 days after the people's court adopts the preservation measures, the people's court shall lift the preservation.

  15. Anonymous users2024-02-01

    Legal analysis: It is illegal to detain a car without permission, and even be suspected of a crime.

    Legal Basis: Article 117 of the Civil Litigation Law of the People's Republic of China: "The adoption of compulsory measures against obstruction of civil litigation must be decided by the people's courts. Where any unit or individual illegally detains or detains another person's property to recover debts, it shall be investigated for criminal responsibility in accordance with law, or detained or fined. ”

  16. Anonymous users2024-01-31

    The lawful property of citizens is protected by law, and it is forbidden for any organization or individual to embezzle, rob, privately divide, destroy, or illegally seal, seize, freeze, or confiscate. The adoption of compulsory measures against obstruction of civil litigation must be decided by the people's courts. Where any unit or individual illegally detains another person or illegally seizes another person's property to recover debts, it shall be investigated for criminal responsibility in accordance with law, or detained or fined.

    Legal basis: Article 117 of the Civil Procedure Law, Article 267 of the Civil Code.

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