1. First, try to communicate with the debtor to understand his illness and specific situation, so as to make a reasonable repayment plan;
2. If the debtor is diagnosed as a mental patient, the creditor may apply to the court to declare him as a person without or with limited capacity for civil conduct and protect his rights and interests according to law;
3. If the debtor is declared as a person with no capacity for civil conduct or a person with limited capacity for civil conduct, the creditor may apply to the court for the management of his property to recover the debt;
4. If the debtor has recovered his mental health, but he is still unable to repay his debts, the creditor can negotiate with him to make an installment plan or a plan to reduce part of his debts.
Materials related to mental illness usually include the following:
1. diagnosis certificate: the confirmed diagnosis certificate of the debtor's mental illness issued by the medical institution shall include the medical history, examination results, disease diagnosis and other information. The diagnosis certificate can be provided by the patient himself or his family;
2. Medical records: the records of the debtor's medical treatment in medical institutions, including the date of treatment, treatment department, doctor's diagnosis, drug use, treatment plan, etc.;
3. Medical records: the medical records of the debtor, including hospitalization records, outpatient records, inspection reports, etc. These materials can usually prove the patient's condition and treatment;
4. Guardian's power of attorney: If the debtor needs a guardian to handle the arrears on his behalf, the guardian needs to provide documents such as power of attorney or court power of attorney to prove his power of attorney;
5. Other relevant materials: such as arrears contracts, repayment agreements, court judgments, etc. , can prove the debtor's debt situation and legal responsibility.
To sum up, the creditors and the court will evaluate and deal with the debtor's illness and treatment according to the specific circumstances. At the same time, creditors should also abide by relevant laws and regulations in the process of debt collection, and should not use illegal means to infringe on the legitimate rights and interests of debtors.
Legal basis:
Article 674 of the Civil Code of People's Republic of China (PRC)
The borrower shall pay interest at the agreed time limit. If the time limit for paying interest is not stipulated or clearly stipulated, and cannot be determined according to the provisions of Article 510 of this Law, if the loan period is less than one year, it shall be paid together with the loan; If the loan term is more than one year, it shall be paid at the end of each year; if the remaining term is less than one year, it shall be paid together with the loan.