Firstly, analyze the nature of debt and determine the person responsible for repayment.
(1) In general, the criteria for judging whether the debts of husband and wife are the same will be judged from the following aspects:
1, whether the debt occurred during the existence of the relationship between husband and wife, if not, it generally does not belong to the same debt of husband and wife;
2. The debtor's debt reason or borrowing purpose is to meet the needs of husband and wife living together, or the debt is used for family or husband and wife living together;
3. The debtor's borrowing purpose and the debt itself are legal. If a husband and wife owe gambling debts to their husbands in their lives, it is impossible to get legal protection.
However, the debtor's spouse proves that part of the debts that have been clearly agreed between the creditor and the debtor are personal debts, or can prove that a third party knows that the agreement is personal debts.
Belongs to the same debt of husband and wife, and requires the debtor's spouse to repay it.
If one of the spouses dies, the surviving spouse shall be jointly and severally liable for the debt. If you don't know that there is an agreement between the deceased and his spouse, and the property belongs to both parties during the marriage, you can ask the spouse of the deceased to return the loan.
(2) Requiring the heirs of the debtor to repay personal debts.
While inheriting the estate of the deceased, the heirs also have the obligation to pay off the debts. Unless the heir renounces the right of inheritance, the debts of the deceased before his death shall be paid off by other heirs. Therefore, the creditor may require the heirs and family members of the deceased to pay off the debts of the deceased within the scope of the inherited property.
(3) If there is a debt guarantor, it may also be required to assume the guarantee responsibility.
If the debtor dies, the creditor shall sue the guarantor for repayment within the guarantee period. The guarantor may exercise the right of recourse against the heir of the debtor when he assumes the responsibility of guarantee.
Relevant laws and regulations:
Article 33 of China's "People's Republic of China (PRC) Inheritance Law" stipulates: "Inheriting an estate shall pay off the taxes and debts that the decedent should pay according to law, and the payment of taxes and debts shall be limited to the actual value of the estate. The part exceeding the actual value of the estate shall be voluntarily repaid by the heir. If the heir abandons the inheritance, he may not be liable for the taxes and debts that the decedent should pay according to law. "
Article 62 of the Supreme People's Court's Opinions on Several Issues Concerning the Implementation of the Inheritance Law of People's Republic of China (PRC) stipulates: "When the inheritance has been divided and the debt has not been paid off, if there is legal inheritance and testamentary inheritance, the legal heir will pay off the debt first with the inheritance he has obtained; If it is insufficient to pay off, the remaining debts shall be paid off by the testator and legatee in proportion to the income; If there are only testamentary inheritances and bequests, the testamentary heirs and legatees will repay them in proportion to the income. "
2. The sudden and unexpected death of the borrower does not necessarily make it a dormant account. You can find the heir in the first order for you to repay.
2. If the heirs of the estate clearly indicate that they will not repay or are unable to repay, the lending institution will look for a guarantor.
In fact, banks can also bypass the heirs and go directly to the guarantor. Usually, when the borrower dies, the bank will contact the family and the guarantor as soon as possible, and generally put pressure on the guarantor)
If we don't return both of them, we'd better do our work first. When the overdue time is too long and reaches the higher level of the five-level classification, we have no choice but to report the loss and enter the lawsuit.
4. The prosecution will sue together with the heirs and guarantors.
Although it is a matter of subrogation, it involves guarantee and inheritance, but there is a sequence. Repayment sequence:
1, the heir needs to inherit the debt, but only the share.
2, the guarantor needs to see the nature of the guarantee, generally also need to bear the corresponding guarantee responsibility.
3. When neither of them is repaid, the bank will sue (the lawsuit will be sued together with the heir and guarantor).
4. Finally, considering the recovery speed and other aspects, the final result is estimated to be the write-off of bad debts, especially credit loans.
Legal basis:
The principle of paying off taxes and debts of the decedent in Article 161 of the General Principles of Civil Law of People's Republic of China (PRC). The successor shall pay off the taxes and debts payable by the decedent according to law within the limit of the actual value of the inheritance. The part exceeding the actual value of the estate shall be voluntarily repaid by the heir. If the heir renounces inheritance, he may not be liable for paying off the taxes and debts that the decedent should pay according to law. Article 162 of the Civil Code of People's Republic of China (PRC) * * * The principle that taxes and debts paid by the decedent take precedence over the execution of bequests does not prevent the legator from paying taxes and debts that should be paid according to law.