Being sued for owing money will freeze your spouse. Now, basically everyone has a credit card. Many people worry that their spouses will be involved in external debts. For example, the husband's credit card is overdue. See if being sued for owing money will freeze your spouse.

Being sued for owing money will freeze your spouse 1 1. Will being sued for owing money freeze my wife's bank card?

According to the law, if the husband owes money personally, the other party will sue the husband personally, the other party will apply for property preservation, and the husband's bank card will be frozen, but generally the wife will not be frozen, because the wife is not the defendant in this case, and there is no evidence to prove that the husband and wife are jointly indebted when this debt occurs.

Second, should the husband pay his debts?

Article 24 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China stipulates that during the marriage relationship, if a creditor claims rights to debts incurred by one of the spouses in his own name, it shall be treated as joint debts of the husband and wife. However, unless one of the spouses can prove that the creditor and the debtor clearly agreed to be personal debts, or can prove that it belongs to the circumstances stipulated in the third paragraph of Article 19 of the Marriage Law.

Article 1065 of the Civil Code of People's Republic of China (PRC) (202 1, 1, 1 implementation) stipulates that the property acquired by the husband and wife during the marriage relationship shall be owned by each other, and if the third party knows that there is an agreement, it shall be paid off with the property jointly owned by the husband and wife.

Therefore, the debt owed by the husband outside, as long as it is during the marriage relationship, will often be recognized as the joint debt of the husband and wife, that is to say, the debt owed by the husband must be paid by the wife.

Third, if the husband owes money, is the wife obliged to pay it back?

If the husband owes money, the wife is obliged to pay it back. The debts incurred by one party during the marriage are generally regarded as joint debts at the time of divorce and need to be paid off jointly.

According to Article 1064 of the Civil Code, the debts incurred by the husband and wife jointly signed or ratified by one of them afterwards, and the debts incurred by one of the husband and wife in his own name for the daily needs of the family during the marriage relationship belong to the joint debts of the husband and wife.

Debts incurred by one spouse in his own name during the marriage relationship that exceed the daily needs of the family are not joint debts of husband and wife; However, the creditor can prove that the debt is used for husband and wife's common life, joint production and operation, or based on the common will of both husband and wife.

Being sued for owing money will freeze your spouse. 1. Will one party freeze your spouse for owing money?

If there is no relevant evidence to prove that one party's loan is not used for the needs of married families, it is generally a joint debt of husband and wife, and the debt should be paid off with the joint property of husband and wife, then the deposit of the other party will be frozen as the joint property of husband and wife. However, if there is evidence that one party's loan is not used for the needs of married families and is not a joint debt of husband and wife, the other party's property will not be frozen.

At the time of divorce, the debts originally incurred by the husband and wife living together shall be paid off jointly. If the joint property is insufficient to pay off, or if the property belongs to each other, it shall be paid off by mutual agreement; If the agreement fails, the people's court shall make a judgment. Whether the loan relationship signed by husband and wife is really used for living together.

But as long as both parties borrow money and I sign it, it belongs to joint and several debts; Or one of the husband and wife signed a loan, and the spouse ratified the loan relationship that was told and agreed to the debt. Creditors have the right to require one or both spouses to repay part or all of their debts, regardless of their share or priority.

One of the spouses shall bear all or part of the debts according to the requirements of the creditors. When one party's property is insufficient to pay off, the other party shall bear the responsibility for paying off.

2. What are the joint debts of husband and wife?

1. The property borrowed by one party before marriage has been converted into the joint property of husband and wife, and the debts arising from the purchase of these properties;

2. Debts jointly incurred by husband and wife for family life;

3. Debts arising from the joint production and business activities of husband and wife, or debts arising from one party's production and business activities, and the business income is used for family life or jointly owned by the spouse;

4. The debts incurred by one or both spouses due to medical treatment and treatment of patients have legal obligations;

5. debts arising from raising children;

6. Liabilities with maintenance obligations arising from supporting the elderly;

7. Debts incurred to pay the education and training expenses of one or both spouses;

8. Debts incurred to pay just and necessary social communication expenses;

9. Debt agreed by husband and wife as joint debt;

10, other debts that should be recognized as joint debts of husband and wife.

To sum up, if one of the spouses has foreign debts, and the debts are joint debts of the spouses, the creditors can recover the debts from either spouse and apply to the court for enforcement. The court may freeze and seal up the property of both husband and wife, including the debtor's spouse. If one party can prove that the debt is a personal debt, there is no need to repay it.

Being sued for owing money will freeze your spouse. 1. What if my girlfriend owes money and doesn't run?

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 the debtor as a missing person.

The property of the missing person shall be kept by the debtor's spouse, parents, adult children or close relatives and friends. The taxes and debts owed by the missing person and the fees payable by the debtor 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. Therefore, the creditor can apply to the court to declare the person who borrowed money from the creditor missing, and then demand to pay off the debts owed to the creditor from the debtor's property.

As for the statute of limitations for IOUs, it depends on the specific circumstances. First of all, for the IOUs with agreed repayment period, the limitation of action is three years from the day after the repayment period expires.

Secondly, for 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 the General Principles of Civil Law, the limitation of action should be recognized.

Second, what matters should be paid attention to in creditor litigation?

There are many ways to solve such disputes, such as negotiation, mediation, arbitration and litigation, and litigation is just one of them. In fact, there is a simple way to apply to the people's court for a payment order, which is one of the effective ways to recover the arrears. If you choose to go to court, you should pay attention to the preparation before the lawsuit.

For those who have exceeded the limitation of action and have not claimed their rights, it is suggested that creditors should not blindly sue and seek professionals to take remedial measures, such as re-reaching a debt repayment agreement with the debtor.

As long as you borrow money, you must pay it back within a certain period of time. Although he will not be sentenced for not paying back the money, he will be listed as an executor of dishonesty by the people's court. After being listed as the person subject to breach of trust, the debtor cannot make high consumption, such as flying, taking the high-speed rail and staying in a relatively high-end hotel.