First, the debt is limited by the statute of limitations, and the creditor must claim the creditor's right within the statute of limitations, otherwise the creditor's right will not be protected by law and become a natural debt. When the debtor's whereabouts are unknown, the creditor may directly file a lawsuit in the court where the debtor is domiciled, and the court will accept the case. Because the debtor's whereabouts are unknown, the court will generally summon the debtor to respond. After the expiration of the announcement period, the court may try the case by default, and after the judgment takes effect, the creditor may directly apply to the court for enforcement. The court may put the debtor on the list of dishonesty, restrict high consumption, or conduct surveillance to find out the debtor's backwardness and give him judicial custody. If the debtor owns houses, vehicles and other property, the court may also take measures to seal up the auction and pay off the debts for the creditors.
Second, according to the provisions of the General Principles of the Civil Law, creditors can apply to the court to declare the debtor as a missing person, and then the property custodian will pay the relevant money owed by the debtor from the property of the missing person.
Therefore, in the case of the debtor's disappearance, creditors can safeguard their legitimate rights and interests through the above two ways.
Avoid the lawyer's comments? Don't panic and grasp these points! Even if you run away, you have to pay back!
Running away after debt is really a headache. Running away is graded. What you owe is to run away occasionally so that you can't find him. If you owe more, you may go to other places, wait for the creditors to give up, and then come back after more than ten years and five years. If you owe a huge sum of money, you may go abroad like Jia Yueting of LeTV.
In the face of the debtor running away, we actually have many ways, mainly to grasp the following points:
Haven't run away yet? Still don't want a guarantor? Get a mortgage? The best way to deal with running away is actually to get rid of him when he is not running away. At this time, his debts have not been paid off, and he may still have some property. During this period, I also promised to let him discuss getting a mortgage and find a guarantor. At least don't rush it. It is also guaranteed for you. If there are a group of debtors in the future, you have at least the priority of first come, first served.
Of course, this matter is not easy to handle, and it needs good consultation. But once you have a mortgage, you can wait with peace of mind. In any case, when the property is realized, you have the right to get back what you owe.
Did you run away? Why don't you sue quickly? Once the other party runs away, we can't actually get the money ourselves, because he has made up his mind not to let you find him. At this time, the only effective way is to go to court and sue him! After the judgment is made, you have the right to enforce it!
Let's take a look. What is the specific difference after going to court for prosecution?
1, you can make rounds to freeze accounts.
If you go to court, you can seal up the other party's house through the court. At this time, the other party will run out of the temple. At present, our property is mainly concentrated in real estate. Once the house is sealed up, the other party wants to transfer the property and finally has to submit! At the same time, we can also freeze an account that the other party often uses, so that the other party can't use its own bank account, which is also great.
2. Creditor's rights are transferred from private to public.
One is their own private IOUs and IOUs, and the other is the court's judgment. Although the legal relationship is the same, the protection is different. You know, after the court decides, refusing to perform can be sentenced!
3. Creditor's rights will never expire.
Say the important things three times! Pay attention to the limitation of action in litigation! It is necessary to sue within 3 years after the accident! Be sure to sue within 3 years! Be sure to sue within 3 years! If three years have passed, then in the end, the other party said, you haven't asked me for it for so long. I thought you wouldn't ask me for it, so I don't have to return it! Such a reason can be recognized!
Therefore, we must take the time to sue! Of course, if you find it troublesome to go to court, you can give it to a lawyer to save yourself some worry.
Law enforcement, and ran away? Get him! If the other party runs away during the execution stage, it will definitely not do the work of property declaration. So at this time, we can apply to the court for judicial custody on the grounds that the other party refuses to declare property.
After the court makes a detention decision, it will take the form of online monitoring to find out the whereabouts of the other party. Once our police officers find each other's tracks, they will go out and take them back to the police station, and then the judge will take measures against them in judicial custody.
Of course, we can also squat to find each other's whereabouts, squatting may be a surprise!
Because maybe we will find each other's vehicles or even other property!
Summary: Don't panic when you run away! With the judgment, apply for execution! I don't need an ID card! Or I'll catch you sooner or later! (Of course, if there is a mortgage, I don't care if you run away! ) forward it to others who need it!
Is the debtor playing missing to avoid debt? I don't think so. Debt is not a question of honesty, but the right to life and survival is an instinctive question. When we have to choose between "the right to life, the right to existence" and "honesty", I believe that most people will choose "living", which is also an instinctive helplessness. From the moral system, "honesty" is very important, but it does not have to be maintained by "fate", because people only have one life, and it is a typical "stage" to be unable to "honesty". To some extent, honesty is "dignity". No matter how vicious people are, they are not all people who have no regard for dignity, not to mention the inevitable problem of "debt honesty" in economy and society. I often hear people criticize debtors for "playing the missing game", but has anyone ever thought calmly, why do they make this "bad plan"? It is not denied that there are people who deliberately evade debts, but we must also see that most of them are "helpless." The reasons for debt vary widely, but one thing is * * *, and that is the loss of "integrity". In today's environment, we all know what it means to lose "integrity". Some people will criticize the debtor for not answering the phone, but is it useful for him to answer the phone? If he really can't afford it now, can he solve the problem just by answering the phone? Besides, is it that simple to call him? If you don't play missing, it means that he will be "life is worse than death", which means "life is loveless". But he instinctively chose "alive" between "alive" and "honest", so it is not difficult to understand that his behavior is nothing more than "muddling along" to live. Is it necessary to advocate "exchanging" honesty with life when you are helpless? Can't they live first, then pay their debts, and then "redeem" their integrity? Without living space, they will have no chance to turn over and save their dignity. In that case, talking about "sincerity" is empty and powerless! We talk about building an honest society every day. What is the concept of honest society? Is it an honest society to apply honesty indiscriminately? Is it scientific to judge that this person has no "integrity" just because he can't pay his debts at a certain stage? Who can guarantee that he can keep "integrity" in everything in life? Don't overdo everything, or it will backfire.
I suggest you read my published articles directly and send them to you first.
"What if people who owe money can't find it?"
"Uncle who owes money, grandson who borrows money", this abnormal loan relationship has brought trouble to most people. Having money is not only a headache, but also a headache for people who owe money to find it. Now I'll tell you the legal remedy that the debtor can't find:
1, pre-litigation property preservation
I suggest you check the other party's property, real estate or car or the corresponding bank account first (although some courts do not require the applicant to provide property clues, most courts still require the parties to provide property clues, so you can consult the local court in advance). You can first apply to the court for pre-litigation property preservation, first seal up the debtor's property and force the debtor to show up. After the preservation ruling, it is necessary to prosecute in time.
Important note: You need to provide corresponding property guarantee when applying for property preservation. If the guarantee cannot be provided, you can seek help through the litigation preservation insurance of the insurance company.
2. Go to court to sue for repayment.
If there is a clear defendant, residence address and contact information, the court can accept it. (The most direct evidence is a copy of the other party's ID card)
After filing the case, the court will summon the debtor to respond to the lawsuit in the form of an announcement in accordance with the procedures prescribed by law. At the expiration of the announcement period, the court held a court session as scheduled and made a default judgment.
After the judgment is made by default, the court may apply for compulsory execution, and the court may auction the debtor's house or property to pay off the debt for the creditor.
If you don't apply for property preservation before litigation, you can also apply to the court for property preservation in time during litigation, which is called property preservation during litigation.
3. Apply to the court to declare the debtor as a missing person.
If the debtor's whereabouts have been unknown for two years, the creditor may apply to the people's court to declare him a missing person. Taxes, debts and other expenses payable by the missing person shall be paid by the custodian from the property of the missing person.
If the custodian of the missing person's property refuses to pay the loss, the creditor brings a lawsuit, and the people's court shall list the custodian as the defendant.
4. * * * shall be jointly and severally liable with the debtor.
(1) The debts owed in the name of one party during the marriage relationship, if it can be proved that the loan is used for family expenses or improving family life, should be paid by both husband and wife. Therefore, the debtor's spouse can be required to pay off the debt.
(2) For the debtor who has no executable property, the creditor may require the guarantor to bear the responsibility. Major difficulties that occur when the creditor asks the debtor to perform the debt, including the debtor's whereabouts are unknown, he has moved abroad, and there is no property to perform.
The debtor owes me more than 300,000 yuan for more than ten years, including IOUs, IOUs and bad checks. I haven't seen the principal debtor in the past ten years. Why is it the principal debtor? Because it is a family-owned company, a father and two brothers, the main debt is the boss of the brothers. I've been hiding out, and I can't find him. I can only find his father and brother. In the first few years of this decade, I said I would pay him back when I had money. I've been there many times and only got 10 thousand yuan so far. But in the past two years, my father and brother have been hiding. I couldn't find them, so I called. Here, I want to ask if there is any way to find him and get the money. thank you
Migrant workers belong to the bottom of society. They work hard and have a low safety factor. They may also encounter the problem that the boss is in arrears with wages. Migrant workers need to ask for wages as soon as they encounter the boss's behavior of defaulting on wages. The Regulations on Wage Payment of Migrant Workers, which came into effect on June 1 2005, standardized the wage payment behavior of migrant workers from the legislative level, and now clarified the responsibility of the competent department in charge of wage arrears of migrant workers. And increased the punishment for illegal acts, creating a social atmosphere of "unwilling to pay wages", "unable to pay wages" and "dare not pay wages".
Paying off debts is a matter of course, and there are still "lazy" situations in daily life. How to recover debts when the debtor can't be found or the debtor is missing? Next, I will briefly introduce the relevant ways:
65438+ This is the normal way to solve through litigation.
2. The debtor is missing. According to the provisions of China's civil law on the declaration of disappearance, as a creditor and an interested party of the debtor, you can apply to the court for the debtor's disappearance after the debtor has been missing for two years. After the court declares the missing person, the property custodian will pay off the debtor's debts with the missing person's property.
In addition, talk a little more about whether personal debts can be compensated through the joint property of husband and wife.
1. If the husband and wife * * * jointly sign it, it is deemed that the husband and wife are in the same debt, and compensation can be made through the property of the husband and wife.
2. If the borrowed funds are used for household daily consumption, it is deemed that the husband and wife are in the same debt, and compensation can also be made through the property of the husband and wife.
3. If the individual owes a large amount of debt, the creditor needs to prove that it is the same debt as the husband and wife, and then the husband and wife can make compensation with the same property.
There are many debtors who wander abroad to escape their debts, but their whereabouts are unknown. For creditors, what should I do if I can't find the debtor?
For loan cases where the debtor's whereabouts are unknown, creditors can recover the arrears through the following two ways.
1. Creditors have proof materials such as IOUs.
The first way is relatively simple, that is, when the creditor can prove that there is a relationship between creditor's rights and debts due to the debt, the creditor can directly file a lawsuit with the people's court of the debtor's original domicile or property location within the limitation period to recover the debt. When you file a lawsuit, the court will only accept it if you have evidence to prove the existence of a loan relationship, such as an iou. Because the debtor's whereabouts are unknown, the court usually summons the debtor to respond to the lawsuit in the form of an announcement after filing the case. If the debtor fails to respond to the lawsuit at the expiration of the announcement period, the court will make a default judgment after hearing the case with clear loan relationship. After the default judgment, although the debtor's whereabouts are unknown, the court may auction the debtor's house or property at the request of the creditor to pay off the debt for the creditor.
Two. Creditors have no relevant evidential materials such as IOUs.
However, in many lending relationships, debtors often do not have IOUs to directly prove the establishment of the creditor-debtor relationship. What should I do at this time? At this time, the debtor can apply to the court to declare the debtor as a missing person, and then the trustee will pay the loan from the property of the missing person. Article 20 of China's General Principles of Civil Law stipulates that if a citizen's whereabouts have been unknown for two years, the interested party may apply to the people's court to declare him as a missing person. Article 21 stipulates that the property of a missing person shall be entrusted to his spouse, parents, adults or other close relatives and friends for safekeeping. Taxes, debts and other expenses payable by the missing person shall be paid by the custodian from the property of the missing person.
But what if the debtor has been missing for less than two years? At this point, the creditor may extend the limitation of action. Article 135 of the General Principles of the Civil Law stipulates: "The limitation of action for requesting protection of civil rights from the people's court shall be two years, unless otherwise stipulated by law." The limitation period of creditor's rights litigation shall be counted from the expiration of the performance period. At the same time, Articles 139 and 140 of the General Principles of the Civil Law stipulate: "In the last six months of the limitation of action, if the right of claim cannot be exercised due to force majeure or other obstacles, the limitation of action shall be suspended. From the date when the reasons for the suspension of the limitation of action are eliminated, the limitation of action will continue to be counted. " "The limitation of action is interrupted by bringing a lawsuit, a party requesting or agreeing to perform an obligation. Therefore, when the debtor's whereabouts are unknown for less than two years, the limitation of action can be extended in the above way to avoid the failure to protect the creditor's rights that have passed the limitation of action.
In addition, there are some related knowledge that everyone should know. Article 24 of the Civil Procedure Law stipulates: "A lawsuit brought due to a contract dispute shall be under the jurisdiction of the people's court of the defendant's domicile or the place where the contract is performed". Article 25 stipulates: "The parties to a contract may agree in a written contract to choose the jurisdiction of the people's court of the defendant's domicile, the place where the contract is performed, the place where the contract is signed, the plaintiff's domicile and the place where the subject matter is located, but they shall not violate the provisions on hierarchical jurisdiction and exclusive jurisdiction".
Article 2 16 of the Civil Procedure Law stipulates: "The parties must perform a legally effective civil judgment. If one party refuses to perform, the other party may apply to the people's court for enforcement. "
The above is the relevant legal content about "How to recover debts when the debtor is missing". If the debtor's whereabouts are unknown and the creditor holds proof materials such as IOUs, he may bring a lawsuit directly to the people's court; If the creditor has no supporting materials and the debtor's whereabouts have not been known for two years, he may apply for declaring the debtor missing, and his guardian shall pay it in the escrow property; If the debtor's whereabouts are unknown for less than two years, the limitation of action may be extended to avoid the creditor's rights that have passed the limitation of action from being protected. I hope what I have compiled can help you solve the legal problems you encounter. I suggest that you should consult a professional lawyer when you encounter debt collection problems. If you need any legal help, welcome to use the online legal consultation platform of our lawyer 365, and we will provide you with legal services wholeheartedly.
Author: Nanjing Road lawyers share useful legal knowledge, provide free legal advice and propose precise solutions. First of all, in the case of the debtor's disappearance, I believe you made such a judgment only after exhausting your relationship and finding no result. In this case, the author suggests:
1. Make sure that the debt has not exceeded the statute of limitations prescribed by law, and then sue first. According to the newly revised General Principles of Civil Law, the current limitation of action is three years, that is to say, if the creditor's rights are claimed again three years after the debt maturity date, and the defense of the other party exceeds the limitation of action, then the debt will be difficult to be relieved by public power.
2. Keep all the debt documents at hand, so that you can safeguard your legitimate rights and interests in the process of litigation, ensure that the creditor's rights are recognized by the court, and your litigation request is supported by the court.
3. Apply for execution after the judgment takes effect, and at the same time, check whether there are assets under the debtor's name through the court inquiry system to further ensure the protection of his legitimate rights and interests. If there is no property, you can ask the court to include the debtor in the list of untrustworthy people, which can affect the daily travel of the debtor. If the debtor is young, under normal circumstances, the debt will eventually be paid.
If you want to get more answers to legal questions, you can click on "Elk Talk" and leave your questions in a private message. Hello, the debtor cannot be found or the debtor is missing. How to collect debts from creditors, or from whom, has really become an annoying problem. Regardless of whether the debtor did it intentionally or not. As long as we can't get in touch, it will be difficult to recover the arrears. What can we do? You (the creditor) can only file a lawsuit and handle it through the court. After the court accepts it, it will announce the service of subpoenas and litigation materials. When the announcement expires, the court will consider that the other party (debtor) has received it, so that even if the other party (debtor) does not appear in court, the court can try the case by default. Here comes the problem. If the court decides that you (the creditor) won, what about the money? For this reason, in order to win the case, you (the creditor) must first do pre-litigation or litigation property preservation, and you (the creditor) need to provide the court with the property clue or bank account number of the other party (the debtor), and the court can directly seal it up. Of course, during the period of suspension can also be tried in court. If you (the creditor) stop the lawsuit, the limitation of action will be extended. As long as the debtor appears during this period, you (the creditor) can apply to the court to restart the lawsuit or execute the procedure to realize your rights. In addition, if the debt is the same as the husband and wife, one party's whereabouts is unknown, but the other party is still there, you (the responsible person) can claim the debt from the other party. If the other party (debtor) has no property and is single, then you (creditor) can only silently wish the debtor "healthy and get rich" and then wait patiently for the debtor to pay you back. The only thing to blame is that you are as blind as a bat. I want to take this opportunity to tell you that when someone borrows money from you, they must first consider the other person's character, credit, ability, economic income, property and so on, so as not to be cheated.