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Legal analysis: If the debtor owes money and does not pay it back, the creditor can file a lawsuit with the court. After the court ruled that the student was invalid, he applied for compulsory enforcement.
The court will seize the other party's vehicle and house and auction it off to pay off the debt. The process of filing a lawsuit is: 1. Prepare a civil complaint.
2. Go to the people's court with jurisdiction to file a lawsuit and submit relevant evidence. 3. Attend and participate in litigation activities on time in accordance with the notice of the people's court. 4. If you are not satisfied with the first-instance judgment or ruling, you should file an appeal with the original people's court or the people's court at the next higher level within 15 days after receiving the judgment or within 10 days after receiving the ruling, and submit an appeal petition.
Legal basis: "Provisions on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases" Article 26 Where the interest rate agreed upon by the borrower and the borrower does not exceed 24% per annum, and the lender requests the borrower to pay interest at the agreed interest rate, the people's court shall support it. If the interest rate agreed between the borrower and the borrower exceeds 36% per annum, the interest agreement on the excess part shall be invalid.
Where the borrower requests the lender to return the interest paid in excess of 36% of the annual interest rate, the people's court shall support it.
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If a person who does not have a car or a house owes money, the party can sue the other party to the court, and after the court judgment, if the other party does not enforce the judgment, it can apply to the court for enforcement. After applying for enforcement, the court may seal, seize, freeze, or dispose of the property of the person subject to enforcement in accordance with law, and if there is no property available for enforcement, the court may also take enforcement measures such as restricting the high consumption of lead in sheds and adding it to the list of judgment defaulters, and urge the other party to enforce it as soon as possible.
Article 250 of the Civil Procedure Law: After property is sealed or seized, the enforcer shall order the person subject to enforcement to perform the obligations set forth in the legal document within a specified period of time. Where the person subject to enforcement fails to perform within the time limit, the people's court shall auction the property that has been sealed or seized; Where the auction is not suitable or both parties agree not to conduct the auction, the people's court may entrust the relevant unit to sell it or sell it on its own. The state prohibits the free sale of goods, handed over to the relevant units in accordance with the provisions of the state for purchase.
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Summary. Civil Code of the People's Republic of China] Article 188: [Ordinary Statute of Limitations, Maximum Period for Protection of Rights] The statute of limitations period for requesting protection of civil rights from the people's courts is three years. Where the law provides otherwise, follow those provisions.
The limitation period is calculated from the date on which the right holder knows or should know that the right has been damaged and the obligor. Where the law provides otherwise, follow those provisions. However, if more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not grant protection, and where there are special circumstances, the people's courts may decide to extend the rights holder on the basis of the right holder's application.
What should I do if I don't repay the borrowed money, the other party has no house, no car and no deposit, is it useful to sue him?
Hello, I am a cooperative lawyer of LegalPro platform, and I am happy to serve you.
Hello, the other party borrows money and does not repay you can sue, after the lawsuit, the other party still can not apply for enforcement, but if the other party has no property to enforce, then it is generally necessary to suspend the enforcement.
It is recommended that you sue in a timely manner, so that your claims will not be protected by law because of the statute of limitations when the other party has property in the future.
Civil Code of the People's Republic of China] Article 188: [Ordinary Statute of Limitations, Longest Period for Protection of Rights] The statute of limitations period for Danlian to request protection of civil rights from the people's court is three years. Where the law provides otherwise, follow those provisions. The limitation period is calculated from the date on which the right holder knows or should know that the right has been damaged and the obligor.
Where there are other provisions in the law on the side of the delay, follow those provisions. However, if more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not grant protection, and where there are special circumstances, the people's courts may decide to extend the rights holder on the basis of the right holder's application.
You can take a look at the provisions of the law.
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The solution to the other party's car and house and not paying back the money is as follows:
1. If it is not overdue, the other party's car does not affect the arrears;
2. After the deadline, if someone owes money and does not pay it back, you can first ask the other party to repay the money through negotiation;
3. If it cannot be resolved, it should be resolved by the prudent method of prosecution, or apply to the people's court for a payment order, and use legal means to solve the problem of non-repayment of the debtor.
If the other party does not pay the arrears in accordance with the judgment or mediation agreement after the judgment or mediation agreement is made, it can apply for enforcement;
4. If the people's court makes a judgment that the debtor shall repay the loan within a certain period of time, but still fails to perform the debt within the judgment period, the court shall apply for compulsory enforcement with the effective legal documents to the court with jurisdiction.
The court will not directly enforce the other party's car or property, and the creditor needs to apply to the court for enforcement, so that the other party's car and house can be auctioned to pay off the debt. The parties shall submit an application for compulsory enforcement to the people's court with jurisdiction and submit relevant evidentiary materials.
Legal basisArticle 514 of the Civil Code of the People's Republic of China.
Unless otherwise provided by law or otherwise agreed by the parties, the creditor may request the debtor to perform the debt in the legal tender of the place of actual performance, unless otherwise provided by law or otherwise agreed by the parties.
Article 515.
If there are multiple subject matter and the debtor only needs to perform one of them, the debtor has the right to choose; However, unless otherwise provided by law, otherwise agreed by the parties, or otherwise traded in customs.
If the party enjoying the right of choice does not make a choice within the agreed time limit or at the expiration of the performance period, and does not choose within a reasonable period of time after being reminded, the right of choice is transferred to the other party.
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He will definitely insist on suing the other party, because he has no money, no house and no car, this is his own business, and it has nothing to do with me, is it because he has no savings to owe me money unscrupulously? My money didn't fall from the sky, it was also my hard-earned money. If I ask him for money and he doesn't pay it back to me, then I will definitely go through the legal channels, and the judge will definitely give me a satisfactory answer, regardless of whether he has money or not, he will definitely bear the corresponding legal responsibility.
There may be some people who think that he has nothing, so what can you do if you sue him? In the end, the big deal is to go to jail. Jail and jail, it's not me who goes to jail, why let him get away with it?
A person like this, you should give him a little punishment, otherwise he may feel that other people's money is falling from the sky, and after borrowing the money, he can pay it back if he wants to, and if he doesn't want to pay it back, he won't pay it back, anyway, I don't have any money, just this sentence, what can you do to me? It's really helpless for such a person.
It's because some people think that he doesn't have any money anyway, and even if I tell him, it won't work, so let's just be like this, and in the end I will suffer that dumb loss. But I definitely won't suffer that dumb loss, because I think it's not easy for me to make some money on my own, and it's so difficult to work hard to make money in this society, and I can't pay it back if I lend it to others.
I lent you money because I thought we were good friends, and you were in trouble, so I wanted to help you, but you can't treat me as a wrongdoer. If I had known that I hadn't paid back the money I had borrowed from the road, I would have probably borrowed it. I treat you as a friend, and you treat me as a wronged person, so I usually don't let you go, and I don't usually make you feel better.
Don't think I'm cruel in doing this, he's cruel first, if he returns the money to me, won't there be nothing to do?
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will insist on suing the other party, although he has no money, no house, and no car now, but it cannot be ruled out that he has transferred all his money to another name.
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Yes, because everyone's money is hard-earned, and the debtor has no car, no house, and no money, but he still needs to find a way to repay my part of the search, and every personal life is very painful, and I don't want to make myself unhappy because of others.
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I will insist on suing the other party and wait until he has the ability to repay the money.
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Legal analysis: 1. If you do not repay the money owed, it is a civil dispute and will not be judicially detained.
2. Judicial detention will occur in the course of civil litigation in the bureau. Creditors sue in court, and if they win the lawsuit, they may be detained if they have the ability and do not refuse to refuse the legal judgment.
Legal basis: Article 111 of the Civil Procedure Law of the People's Republic of China: Where litigation participants or other persons exhibit any of the following conduct, the people's courts may impose fines or detention on the basis of the severity of the circumstances; where a crime is constituted, criminal responsibility is pursued in accordance with law
1) Fabricating or destroying important evidence, obstructing the people's court's trial of a case;
2) Using violence, threats, or bribery to prevent witnesses from testifying, or instigating, bribing, or coercing others to give false testimony;
3) Concealing, transferring, selling, or destroying property that has already been sealed or seized, or property that has been inventoried and ordered to be kept in custody, or transferring property that has been frozen;
4) Insulting, slandering, framing, beating, or retaliating against judicial personnel, litigation participants, witnesses, translators, evaluators, inquest personnel, or persons assisting in enforcement;
5) Using violence, threats, or other methods to obstruct judicial personnel from performing their duties;
6) Refusal to perform on a judgment or ruling of a people's court that has already taken legal effect.
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