Fortune Telling Collection - Comprehensive fortune-telling - What if I don't pay back the money?
What if I don't pay back the money?
In real life, a large number of private loans exist, which has caused many disputes about whether to borrow money. Some people disappear after borrowing money, and they can't be contacted, and they can't find anyone, and there is no way to recover the loan. 1. If you don't repay the loan, you can apply to declare missing. According to China's General Principles of Civil Law, 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. The property of the missing person shall be kept by his spouse, parents, adult children or other close relatives and friends. Taxes, debts and other expenses payable by the missing person shall be paid by the custodian from the property of the missing person. It can be seen that after the declaration of disappearance, the property escrow relationship for the missing person is determined, and the problem of paying off the debts owed by the missing person is solved. So you can apply to the court to declare the person who lent you money missing, and then ask to pay off the debts owed to you from his property. 2. Pay attention to the statute of limitations for borrowing money and not paying it back. First of all, according to the General Principles of the Civil Law, the limitation of action is three years from the day after the repayment period expires. Secondly, regarding the IOUs with no agreed repayment period, according to the Supreme People's Court's "Reply on How to Calculate the Limitation of Action for IOUs without repayment date when the debtor fails to perform the debt after the expiration of the agreed period", it is pointed out: "The two parties originally agreed that the supplier should pay immediately after delivery, and the buyer has no money to pay after receiving the goods. With the consent of the supplier, the arrears without repayment date have been written down. According to Article 140 of General Principles of Civil Law, the interruption of limitation of action should be recognized. If the supplier does not claim the right after the interruption of the limitation of action, the limitation of action shall be recalculated from the day after the supplier receives the written arrears from the buyer. Therefore, the statute of limitations of the IOU shall be counted from the date when the IOU is issued. Don't worry too much if you borrow money and run away. Because even if his whereabouts are unknown, you can report his disappearance to the relevant departments, so that his property will be kept by his spouse, parents, adult children or other close relatives and friends. Taxes, debts and other expenses payable by the missing person shall be paid by the custodian from the property of the missing person.
Legal objectivity:
Article 119 of the Civil Procedure Law, a lawsuit must meet the following conditions: (1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case; (2) Having a clear defendant; (3) Having specific requests, facts and reasons; (4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.
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