The debtor's inability to repay usually has the following treatment methods:
1. Negotiate with the debtor to obtain the details of the other party and extend or reduce the debt appropriately.
If you don't agree to postpone or reduce the debt, the debtor may take an extension. If you go to court, it usually takes half a year to a year for the debtor.
There is really no money to pay back. Even if the lawsuit is won, the court executor knows that the debtor can't execute it without money. Only when the debtor refuses to pay back the money can the court arrest people. "The debt should be paid off. If it is temporarily unable to repay, it may be repaid by the debtor in installments with the consent of the creditor or the ruling of the people's court. Those who have the ability to repay and refuse to repay shall be forced to repay by the people's court. " Therefore, it is certain that the debtor must repay the debt. In practice, there are two different situations in which the debtor is unable to repay: one is temporarily unable to repay. If this is the case, the debtor may repay it by installments in accordance with the above relevant provisions. The other is permanent inability to repay. If it cannot be paid off permanently, it can only be paid off with the debtor's personal existing property.
Legal basis: Article 678 of the Civil Code of People's Republic of China (PRC) (hereinafter referred to as the Civil Code), the borrower may apply to the lender for extension before the repayment period expires; If the lender agrees, it can be extended.
What should I do if I can't pay the money owed by my credit card?
If the credit card is in arrears, please refer to the following methods: use the minimum repayment function. Every bank will have a minimum repayment function. As long as the minimum repayment amount is paid, the bank will not charge late fees and will not affect personal credit. Generally speaking, the minimum repayment amount is 10% of the total bill. For example, your bill this month costs 10000, and the minimum repayment is only 10. But the minimum is to charge interest, five ten thousandths of interest every day, so you only need to pay the minimum. Although the pressure will be reduced, it will generate compound interest, which will be more troublesome and can only be used for temporary relief. Using the installment function, you can directly apply for bill installment if you have pressure to repay. Generally, banks provide the total energy of phases 3, 6, 9, 12, 18, and 24. You can choose the number of phases according to your repayment ability, which will not only ease the repayment pressure, but also affect your credit. The disadvantage is that there will be a handling fee, which varies from bank to bank, generally between 0.6% and 0.8%. Change the bill date to extend the repayment period. This is also the interest-free period of 100 days as others say. A direct example is that Mr. Li spent 10000 yuan on his credit card because of demand, but found that he could not pay it back at one time, and he did not want to pay back the money at the minimum or in installments. Then he can first extend the billing time by changing the billing date to achieve the purpose of extending the repayment time. Suppose his 1W is the bill of May 29th, then Mr. Li Can calls the bank on May 28th to apply for changing the bill date, which can be changed to 25th to 27th, so that the bill will not be paid in May, and the bill of June 25th to 27th 1W, plus an interest-free repayment period of about 20 days, will be paid in July. If you can't pay it back by then, you can use the two methods mentioned above. Note: The billing time cannot be changed at will. Generally speaking, it can only be changed once every six months. Some banks change it once a year, while others can only change it once. If you can apply for a card or withdraw the amount, you can also exchange it for a card, but this method must be used well, otherwise the result will be the same, so the solution is to understand and be familiar with several functions of the credit card, and then cooperate with these basic functions to achieve it. Take the initiative to negotiate with the bank and explain the situation. If it is really because of special circumstances such as work, you can take the initiative to call the bank, explain the reasons, prove that it is not malicious, and there is indeed reason to discuss whether you can postpone the repayment. Never ignore the bank just because you changed your phone, so your personal credit will be lost unless you don't deal with the bank in the future.
What if I owe the bank money and can't pay it back?
If the bank's loan is unable to repay, you can communicate with the bank and negotiate to repay it in installments again. Is to repay all the arrears of principal in installments again. For example, I applied for a bank loan of 65,438+10,000 yuan, with a monthly interest of 0.6% and repayment in installments of 10. Then the monthly repayment amount is 6,543,800 yuan of principal plus 600 yuan of interest. If the fifth installment, unable to repay. You can negotiate with the bank and repay the remaining 50,000 in installments 10.
Bank loans are paid in installments. Therefore, in the case of inability to repay, there is still an opportunity to negotiate with the bank for a second installment. If you can pay it off in a short time. Then you don't have to negotiate with the bank. You can save money first, and then negotiate with the bank to reduce the liquidated damages and part of the interest, and pay off the rest in one lump sum. However, many debtors can't pay off at one time, because once the funds have problems, it is difficult to turn around in a short time. Therefore, it is the best way to negotiate the second installment payment.
What should I do if I owe money to the bank and can't pay it back?
When the bank is unable to repay, it can negotiate with the bank first, ask for repayment by installments, or choose other property rights to offset it. When the debtor is unwilling to negotiate, the bank may bring a lawsuit to the court, and after winning the case, the bank may apply to the court to enforce the debtor's other property. If the court finds that the debtor has no other property for the court to enforce, the court will terminate or suspend such enforcement. When the debtor has property available for execution in the future, the court may resume the execution procedure.
Legal analysis: when a bank is unable to repay, it can negotiate with the bank first and ask for repayment by installments, or it can choose other property rights to offset. When the debtor is unwilling to negotiate, the bank may bring a lawsuit to the court, and after winning the case, the bank may apply to the court to enforce the debtor's other property. If the court finds that the debtor has no other property for the court to enforce, the court will terminate or suspend such enforcement. When the debtor has property available for execution in the future, the court may resume the execution procedure. When the money owed to the bank cannot be repaid, the debtor needs to take the initiative to negotiate with the bank and ask for repayment by installments or other property to offset it. If negotiation fails, the bank may file a lawsuit with the court, wait for the court's judgment, and execute it with other property under its name. If there is no other property, the execution will be resumed when there is property in the future, or the court may inquire about other property executed from the relevant units and have the right to make a ruling. The debtor should actively propose solutions and reach an agreement with the bank as soon as possible to avoid adding more unnecessary losses in the process of passive collection.
Legal basis: Article 313 of the Criminal Law: The crime of refusing to execute a judgment or ruling. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine.
What should I do if I still owe the bank money?
1. What should I do if I can't repay the money I owe the bank?
1, the Supreme People's Court
2. If the person subjected to execution is really able to repay the debt for free, and there is no other third party to perform it on his behalf, the applicant for execution may apply for execution at any time when the property of the person subjected to execution is discovered in the future, and is not limited by the time limit for execution.
Legal basis: Article 189 of the Civil Law: Limitation of action for performing debts by installments If the parties agree to perform the same debt by installments, the limitation of action shall be counted from the date when the last installment expires.
II. Relevant laws and regulations
Article 254 of the Civil Procedure Law If the person subjected to execution is still unable to repay his debts after the people's court has taken the enforcement measures specified in Articles 242, 243 and 244 of this Law, he shall continue to perform his obligations. If the creditor finds that the person subjected to execution has other property, he may request the people's court for execution at any time.
Article 242 If the person subjected to execution fails to perform the obligations specified in the legal documents according to the notice of execution, the people's court has the right to inquire about the deposits, bonds, stocks, fund shares and other properties of the person subjected to execution. From the relevant units. The people's court has the right to seal up, freeze, transfer or change the property of the person subjected to execution according to different circumstances. The property inquired, sealed up, frozen, transferred or changed in price by the people's court shall not exceed the scope of obligations that the person subjected to execution shall perform.
When the people's court decides to seal up, freeze, transfer or change the price of property, it shall make a ruling and issue a notice of assistance in execution, which the relevant units must handle.
Article 243 If the person subjected to execution fails to perform the obligations specified in the legal document according to the notice of execution, the people's court has the right to detain and withdraw the income from which the person subjected to execution should perform the obligations. However, the necessary living expenses of the person subjected to execution and his dependents shall be retained.
When withholding or withdrawing income, the people's court shall make a ruling and issue a notice of assistance in execution, which must be handled by the unit to which the person subjected to execution belongs, banks, credit cooperatives and other units with savings business.
Article 244 If the person subjected to execution fails to perform the obligations specified in the legal document according to the notice of execution, the people's court has the right to seal up, detain, freeze, auction or sell off the property that the person subjected to execution should perform. However, the necessities of life of the person subjected to execution and his dependents shall be retained.
The people's court shall make a ruling on taking the measures mentioned in the preceding paragraph.
legal ground
People's Republic of China (PRC) Civil Code
Article 678 The borrower may apply to the lender for extension before the repayment period expires. If the lender agrees, it can be extended.