How to collect the other party's inability to repay?
1. What if the other party is unable to repay the loan contract when it expires? You can file a civil lawsuit for repayment and overdue interest. If the lender collects the loan according to law, according to the loan contract and guarantee contract (mortgage or pledge contract), the lender will bring a lawsuit to the court, and the court will take measures such as property preservation, including freezing the deposits in all bank accounts of the borrower and the loan guarantor and sealing up the pledged property. When the loan term expires and the borrower is unable to repay it, the following measures can be taken: 1, there is a guarantor to find a guarantor, 2, there is no collateral to dispose of the collateral, and 3, if there is no collateral, a lawsuit can be taken. In the process of borrowing, the debtor's capital chain is broken, and the debtor is likely to have multiple creditors, so the creditor's loan will not be repaid. If the debtor is insolvent, the creditor should sue in time. On the one hand, it is to prevent creditor's rights from being protected by law beyond the limitation of action. On the other hand, through judicial procedures, the debtor's property is sealed up first to ensure that the ordinary creditor (unsecured debtor) can get priority when he can pay off his property as much as possible. 2. What are the points for attention in the dispute over creditor's rights and debts? 1. Ensure that the debt relationship is legally established. According to the General Principles of the Civil Law of People's Republic of China (PRC) and Article 85 of the Civil Law of People's Republic of China (PRC), a contract is an agreement between the parties to establish, change and terminate a civil relationship. Contracts established according to law are protected by law. It can be seen that whether the rights and interests of the parties to a debt dispute can be protected by law depends on whether this debt relationship is legal and effective. 2. Pay attention to the time when the debt arises, and don't miss the limitation of action. In the past cases of debt disputes, most of the reasons for losing were beyond the limitation of action. It can be seen that the limitation of action also determines whether the parties win or lose the case. The limitation of action stipulated by law means that the obligee fails to exercise his rights within the statutory period, that is, he loses the right to request the court to force the obligor to perform his obligations according to the litigation procedure. Limitation of action can be divided into general limitation of action, special limitation of action and the longest limitation of action. Article 135 of China's General Principles of Civil Law stipulates that the limitation period for general civil rights is two years; Article 136 stipulates that the limitation period for the following acts is 1 year: claiming compensation for personal injury, failing to declare the sale of unqualified goods, delaying or refusing to pay rent, and financial loss or damage to the deposit; It also stipulates that the maximum limitation period is 20 years. In addition, it should be noted that the limitation of action begins when the obligee knows or should know that the right has been infringed. According to Article 139 of the General Principles of Civil Law of People's Republic of China (PRC): "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. " Article 140 stipulates: "The limitation of action is interrupted by bringing a lawsuit, a party making a request or agreeing to perform an obligation. From the time of interruption, the limitation period is recalculated. " Unless otherwise provided by law, for example, if one party (creditor) has a loan dispute with the other party (debtor), and the other party breaches the contract for various reasons, in the process, one party will often make demands on the other party. 3. Care should be taken to preserve evidence. (1) The parties shall keep documentary evidence such as contracts, IOUs, notarial certificates and invoices. (2) The parties can choose the testimony of a witness who has no interest with them as evidence to ensure that the witness can testify in court, so as to facilitate the smooth trial of the court. (3) Other materials that are conducive to proving debts. In the creditor-debtor relationship, it is difficult to solve the situation that the other party is unable to repay. Of course, the loss of creditors can be reduced to a certain extent through judicial means, because you can apply to the people's court for property preservation or enforcement measures. As long as there is executable property, it is much better than that of the debtor at all. If there is collateral when the creditor-debtor relationship is established, the collateral can be disposed of at this time.