Q: Is it legal for the debtor to demand payment from a third party?
A: It is legal for the debtor to refuse to demand payment from a third party. However, it is illegal for a third party to collect debts or debts by illegal means, and the third party shall bear legal responsibility.
Since the "Amendment to the Criminal Law of People's Republic of China (PRC)" was formally implemented on March 1 this year, the first case of illegal debt collection has appeared in Zhejiang, Guangdong, Ningxia and Guizhou.
One of Article 293 of the Criminal Law Amendment of People's Republic of China (PRC) stipulates: in any of the following circumstances, illegally collecting high-interest loans, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined: by means of violence or coercion; Restricting the personal freedom of others or invading others' houses; Threatening, stalking or harassing others. In the supplementary provisions of two universities on the execution of identified crimes, it is clear that the crime corresponding to Article 293- 1 is "illegal debt collection crime", which has been formally incorporated into the criminal law.
How to sue if you owe money?
1. Prepare civil litigation.
2, to the people's court with jurisdiction, and submit relevant evidence.
3. Attend and participate in litigation activities on time according to the notice of the people's court.
4. Anyone who refuses to accept the judgment or ruling of first instance shall appeal to the people's court that originally tried or the people's court at the next higher level within 15 days after receiving the judgment or 10 days after receiving the ruling, and submit an appeal.
Which private lending contracts are invalid?
Article 13 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases shall be deemed invalid by the people's court under any of the following circumstances:
Borrow loans from financial institutions for lending;
Lending funds obtained by borrowing from other profit-making legal persons, raising funds from employees of the unit or illegally absorbing public deposits;
Lenders who have not obtained the loan qualification according to law provide loans to unspecified social objects for the purpose of making profits;
The lender still provides the loan knowing or should have known in advance that the loan of the borrower is used for illegal and criminal activities;
Violation of mandatory provisions of laws and administrative regulations;
Violate public order and good customs.