; ? As we all know, after loans overdue, the debtor will be forced to repay after being sued by the lending institution to the court. However, if the debtor still fails to repay the loan, he may be listed by the court as an executor of bad faith, also known as Lao Lai. Will Lao Lai's children be affected after paying back the money? Lao lai will be fine as long as he lives for two years?
Will Lao Lai's children be affected after paying back the money?
Although there is a saying that "the father owes his son compensation" in the traditional consciousness of our country, trials were sometimes held in ancient yamen, but in fact this practice of "implicating others" was eliminated a long time ago. At the legal level, parents and children are independent subjects of civil juristic acts, and they have no subordinate relationship and no legal responsibility and obligation to repay debts for both parties.
But when parents become old lai, their children are not without any influence. If the parents are Lao Lai, their children are forbidden to go to private schools with high fees, which does not affect their application for universities or employment as adults. However, it should be noted that if the applicant's parents are Lao Lai, some institutions may not accept the applicant.
After Lao Lai pays off his debts, the people's court will delete him from the list of people who have lost their trust within three days. A series of disciplinary measures that restricted consumption will not be implemented before, and Lao Lai's children will not be affected in the future.
Lao lai will be fine as long as he lives for two years?
Of course not. If you refuse to repay the loan, the debtor will be listed as a lifelong untrustworthy, and he will default for life. If Lao Lai pays off the loan, his bad records can still be found in the credit report within five years from the date of paying off the loan, and those bad overdue records can be completely eliminated after five years.
The above is "Will Lao Lai's children be affected after paying back the money?" I hope the answer to this question can help you!
Can Lao Lai pay off his debts like a normal person?
Lao Lai's debt repayment is different from normal people.
1, we often say that "Lao Lai" refers to the person who does not pay back the money in name, but there is an exclusive term in law-the person who has broken his promise refers to the person who has the ability to perform but does not perform the obligations specified in the effective legal documents. No matter the money owed to an individual or to a lending institution, as long as it is not repaid within the time limit, if the creditor files a lawsuit in the court and is judged to be unable to repay, the court may, at the request of the creditor, include it in the list of people who have been executed in bad faith, and implement the open network formula, and at the same time report it to the credit information system and leave a record of court enforcement in public records. After paying off the debt, Lao Lai can only apply to the enforcement court to cancel the list of people who have lost their trust. The court will confirm that Lao Lai will be removed from the list of untrustworthy people within three working days, but it will not delete the execution records in the public records. At present, eight departments, including the National Development and Reform Commission, the Central Civilization Office, the Supreme People's Court, the Ministry of Finance, Ministry of Human Resources and Social Security, State Taxation Administration of The People's Republic of China, the China Securities Regulatory Commission and China Railway Corporation, have jointly issued regulations to restrict some serious untrustworthy people from taking trains, planes and entering or leaving the country.
2. Lao Lai will not be restricted from high consumption when he comes out of the list of executed persons after paying off his debts. He can apply for a loan, but he may not be able to approve it. Especially for bank loans, because the execution records on credit information still exist, it seems that banks still have credit problems, and there is a high probability that they will refuse loans. If you need money urgently and have assets such as a house and a car under your name, try to apply for a mortgage loan, and the pass rate will be relatively high.
In the face of "Lao Lai" who owes money, you can take the following measures:
1, if the debtor has made an IOU and the other party refuses to pay back the money after the expiration of the agreement, it can directly apply to the court for a payment order with this IOU.
2. If there is no clear repayment time, etc. You must make a written promise or you can record your promise with a tape recorder. If the debtor refuses to pay off the debt after the promised time, he can take these as strong evidence to bring a lawsuit to the court.
3. If the court has forced it to repay the loan, but it proves that it is unable to repay the loan, it can apply for suspension of execution and wait until it meets the execution conditions.
Is it okay to return to loans overdue?
Late payment will also affect credit information, but the impact will be reduced.
Because when in loans overdue, overdue records will be added to the personal credit report, and will be automatically eliminated after five years overdue. Within five years of keeping overdue records in personal credit reports, the application and use of loans will be affected. If new overdue records appear within five years, the recovery time of credit information will also be delayed.
The influence of overdue on credit depends on the degree of overdue:
1. If the overdue days are not long and the amount is not large, after the overdue debt is settled, the impact of the overdue record on subsequent handling of other financial businesses will not be particularly great. Some banks will check the borrower's credit report within two years when approving loan applications. If the borrower is slightly overdue, but the recent economic and property situation is good, there is no other bad consumption, or there is no new overdue in the past two years, it is also possible to apply for a loan and get a bank loan.
2. If the overdue period is long, the amount is large and the number of times is large, the credit information column in the personal credit report will be very expensive, and even if it is paid off, it will not be easy to pass the credit review of the loan platform. If the overdue records reach "three consecutive times", that is, overdue records have occurred for three consecutive months and accumulated more than six times, you cannot apply for a loan.
If you want to restore your credit as soon as possible to handle other loan business, it is very important to pay off overdue loans in time, and then you should keep paying back on time every month to avoid new overdue loans and high debts. For the overdue records that have been generated, when applying for loans, you can help to get loans by providing property qualification certificates and mortgage guarantees.