What happens if the debtor is unable to repay the debt?

A debtor is a person who owes a debt to someone else, as opposed to a creditor.

The debtor's inability to repay the money owed can be resolved in the following ways:

1. If the debtor is temporarily unable to repay, it may negotiate with the creditor to repay in installments.

2. Debts should be repaid. If the debtor is unable to repay the loan for the time being, it may negotiate with the creditor to repay the loan in installments. If they have the ability to repay but refuse to repay, the court will make a judgment to compel repayment.

3. Inability to repay refers to the inability to repay. If there is a partial repayment, it should be partially repaid.

Article 108 of the General Principles of the Civil Law stipulates that "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. ”

1. For those who are temporarily unable to repay, they can negotiate an extension 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 compulsory enforcement. Legal basis: Article 678 of the Civil Code provides that the borrower may apply to the lender for an extension before the expiration of the repayment period; If the lender agrees, it can be extended.

The statute of limitations for a party to request protection of civil rights from a 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 the law provides otherwise, follow those provisions.

First of all, it depends on the nature of the debtor, if it is a general limited liability company, it only needs to bear limited liability with all the property it owns. If it is a partnership, he is required to bear unlimited joint and several liability. Secondly, it depends on what he uses as a guarantee or mortgage when he takes out a loan, if he is unable to repay, if there is a guarantor, the guarantor needs to bear the obligation to repay the debt, if the property is used as collateral, then the mortgaged property needs to be auctioned for repayment.

1. The debtor and the creditor negotiate an extension or installment repayment, and it is best to reach an installment repayment plan.

2.If you have the ability but do not repay, you will apply to the court for enforcement.

The creditor can apply to the court to enforce the debtor's property, and if the other party refuses to perform the judgment and still refuses to repay the money, then Zhang, as a creditor, can apply to the court for enforcement.

The debtor is unable to repay the debt. Only after his death. From his legacy. Demand repayment of creditors' debts.

The debtor is unable to pay the debt and can file for bankruptcy. But then it's really penniless.

If the debtor is unable to repay the debt, you can sue the court to limit his spending.

If the debtor has the financial ability to work and does not work to escape the debt, this is a fraud of embezzlement and refusal to repay.

If it is a prison sentence, bankruptcy, major security incident, etc., which leads to the inability to make economic income, direct negotiation to provide evidence.

Disputes arising from non-repayment of arrears are private lending disputes, which refer to disputes arising from the borrower's loan agreement with the lender, the borrower borrows money from the lender, and the borrower fails to repay it on time. In order to protect its legitimate rights and interests, the lender, i.e., the creditor, may sue the court to demand the debtor to repay the money when the debtor fails to perform its repayment obligations. However, when the debtor still does not repay after the judgment is rendered, the court or the creditor may take the following measures:

1. The creditor can apply to the court for compulsory enforcement, and the court will inquire about the real estate, vehicles, ** and deposits in the debtor's name in accordance with the law when accepting the enforcement.

2. If the debtor has no property in his name that can be enforced, and refuses to perform the effective judgment of the court, there will be negative information records such as overdue repayment, and in the personal credit report, he will be restricted from high consumption and prohibited from entering and exiting the country, and may even be subject to judicial detention.

3. If the debtor has the ability but refuses to execute, it may be suspected of refusing to execute the judgment or ruling. Therefore, after borrowing money, the debtor must pay attention to his repayment time, and do not cause irreparable consequences due to the inability to repay the money at the end of the loan period.

Legal basis: Article 224 of the Civil Procedure Law: Civil judgments and rulings that take legal effect, as well as the property portion of criminal judgments or 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.

Article 313 of the Criminal Law: Where a people's court's judgment or ruling is capable of being enforced but refuses to do so, and the circumstances are serious, a sentence of up to three years imprisonment, short-term detention or a fine is to be given; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine.

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, and if there are clues about the other party's property, you can provide the court with an application for preservation. There are many ways to resolve debt disputes, such as negotiation, mediation, arbitration, and litigation. Applying for a payment order is one of the effective ways to recover the amount owed.

Legal basis: Article 189 of the Civil Procedure Law: If a creditor requests the debtor to pay money or valuables, it may apply to the basic people's court with jurisdiction for a payment order if the following conditions are met:

1) The creditor and the debtor have no other debt disputes.

2) The payment order can be served on the debtor.

3) The application shall clearly state the amount of money or valuable ** requested and the facts and evidence on which the remaining grandchildren are based.

The creditor orders the debtor to pay off the debt within 15 days from the date of receipt of the payment order, or submits a written objection to the people's court. If the debtor does not raise an objection and fails to perform the payment order within 15 days, the people's court can enforce it according to the creditor's application.

Legal Analysis: 1. If the debtor is temporarily unable to repay, it can negotiate with the creditor to repay in installments.

2. Debts should be repaid. If the debtor is unable to repay the loan for the time being, it may negotiate with the creditor to repay the loan in installments. If they have the ability to repay but refuse to repay, the court shall make a judgment to compel repayment.

3. Inability to repay refers to the inability to repay. If the attendant is able to repay partially, he should repay it partially.

Legal basis: Article 678 of the Civil Code of the People's Republic of China The borrower may apply to the lender for an extension of the loan period before the expiration of the repayment period; If the lender agrees, it can be extended.

First, be thick-skinned.

Don't be embarrassed.

Just ask your friend for money.

The skin is not thick, and the wallet is not thick.

Second, the evidence state should be coarse.

Keep evidence when collecting debts.

Who borrowed the money and when.

How to borrow and how much to borrow.

There must be corresponding evidence to prove it.

Third, the means should be soft.

Be gentle in collecting debts.

We need to collect our debts legally.

Don't be violent in debt collection. Pretend.

Fourth, you can make them aware of the seriousness by explaining the law and pushing relevant cases, and you can also ask friends who know each other or their family members and elders to ask for help.

Fifth, it is possible to preserve the property and litigate through legal means.

The arrears are unable to be repaid, and there is only a mortgage on the house, or a court judgment.

First of all, solve the problem of mentality first! Let's be clear about one thing, after 3 years of the epidemic, the current economic situation in China is quite grim. In 2022, there will be 800 million people in debt across the country, 100 million people will face repayment, credit card overdue alone will be as high as more than 200 billion, the national debt will be as high as more than 300 trillion, the per capita debt will exceed 200,000, and 5-600 million people will not have any savings now.

More than 70 million people have overdue online loans. Judgment defaulters, commonly known as Lao Lai, 7.99 million people. The per capita disposable income of residents in the country is only 10,000 yuan.

Nowadays, the life of ordinary people is like a snail carrying a heavy house on its back, crawling forward with difficulty. In the long run, it will inevitably affect the national economy and people's livelihood and cause the collapse of the national economic foundation. Therefore, the state must also help our people, and a revolutionary pilot project has come into being!

Secondly, the issue of strategy should be addressed, and we should also know that everybody has debt these days, dealing with debt strategies

Bottom policy: passive masking (card reverse, borrowing new to repay the old, multiple installments, minimum repayment) The debt is increasing, and the risk is increasing.

Medium policy: active negotiation (interest reduction, second installment, extension) postponement The risk of creditors temporarily not suing is shifted.

Upper policy: extinguish creditor's rights, channel transfer (reconciliation, transfer, write-off, bankruptcy) ** The creditor cannot sue for life, and the risk is discharged.

After that, we need to work hard to open up sources and reduce expenditures, and at the same time strive to stop losses, we need to find ways to increase income channels and broaden the ways to make money, such as adding some side jobs on the basis of the full-time main business, and strive to improve and improve the overall income, step by step, step by step, I hope to continue to help you! May the debtor come ashore soon.

If it 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;

where they have the ability to repay and refuse to repay, the People's Court shall make a judgment to compel repayment;

The law also takes this situation into account, stipulating that if the debtor is unable to repay the debt, he can agree with the creditor to repay the debt in installments;

It is also possible to file a lawsuit in court.

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 undesirable factors of the debtor's inability to repay the debt are as follows:

1. Economic factors: The debtor may be unable to repay the debt due to poor personal economic conditions or unacceptable economic changes. For example, sudden critical illness, unemployment or business losses may cause the debtor to be unable to repay the debt.

2. Credit factors: The debtor may have difficulty obtaining a loan due to poor personal credit status, or has already owed multiple debts, and the credit history has been damaged, resulting in the inability to obtain more loans;

3. Legal factors: the debtor may be investigated for criminal responsibility by the judicial authorities because of suspected illegal and criminal acts, and the Song Hall will be unable to repay the debt;

4. Psychological factors: The debtor may be unable to repay the debt due to personal psychological problems, such as gambling, shopaholism and other problems.

To sum up, when dealing with the problem of the debtor's inability to repay the debt, the legitimate rights and interests of all parties should be safeguarded, the principle of fairness and justice should be followed, and a mutually acceptable solution should be reached as far as possible.

Legal basis]:

Article 675 of the Civil Code of the People's Republic of China.

The borrower shall return the loan within the agreed time limit. Where there is no implicit agreement on the term of the loan or the agreement is not clear, and it is still uncertain in accordance with the provisions of Article 510 of this Law, the borrower may return it at any time; The lender may demand the borrower to return it within a reasonable period of time.

Summary. Hello dear, the inability of the debtor to repay the debt is dealt with as follows:1

Negotiate with the debtor to obtain the details of the other party, and the debt can be appropriately extended or reduced. 2.If the debtor does not agree to the extension or reduction of the debt, the debtor will go to court to file a lawsuit, which can be delayed for six months to one year for the debtor.

3.There is really no money to repay, even if the lawsuit is won, the court enforcement officer knows that the debtor has no money and cannot be enforced, and can be able to repay when he is able to execute. Article 242 of the Civil Procedure Law provides that if the person subject to enforcement fails to perform the obligations determined in the legal 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.

I'm glad to answer for you, I wish you a happy life and all the best! <>

Dear dear, the debtor's inability to repay the debt is handled as follows:1Negotiate with the debtor to obtain the details of the other party's bank damage, and appropriately refer to the extension or reduction of the debt.

2.If the debtor does not agree to the extension or reduction of the debt, the debtor will go to court to file a lawsuit, which can be delayed for six months to one year for the debtor. 3.

There is really no money to repay, even if the lawsuit is won, the court enforcement officer knows that the debtor has no money and cannot be enforced, and can be able to repay when he is able to execute. Article 242 of the Civil Procedure Law provides that if the person subject to enforcement fails to perform the obligations determined in the legal 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. I'm glad to answer for you, I wish you a happy life and all the best!

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