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Shunyi District creditor's rights and debt creditor's rights lawyer - Wang Shanshan

Wang Shanshan, a lawyer of Beijing Yingke Law Firm, has been engaged in legal work for more than ten years. She is conscientious, responsible, professional and rigorous, and can flexibly use diversified dispute resolution mechanisms to solve problems for clients.

Beijing Yingke Law Firm

service content: What are the legal issues of financial lending and private lending?? How to get back quickly through legal channels

Prevention of Private Lending Risks

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Chaoyang District Haidian District Xicheng District Fengtai District Dongcheng District Changping District Shijingshan District Tongzhou District Daxing District Shunyi District Fangshan District Miyun District Huairou District Yanqing District Mentougou District Pinggu District

Level 2 expertise:

Mortgage guarantee Personal debt Conjugal debt Debt claims private lending Recovery of arrears Loan disputes Debt dispute Corporate debt

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Beijing Shunyi District Creditor's rights and debts Debt claims

Shunyi District debt creditor lawyer online service

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Shunyi District Creditors and Debtors Law Popularization

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What is the time limit for prosecuting arrears

In principle, the litigation period of the case of arrears of payment for goods is set as 3 years after the debt occurs. During this period, the borrower has the obligation to assume the repayment liability without default, and as a creditor, it also needs to actively safeguard its own rights and interests. If within this time limit, the creditor has made a claim against the borrower, or the borrower has agreed to perform the repayment obligation, the limitation of action will be recalculated. As for the starting point of the litigation period, it is generally believed that it should be calculated from the date when the creditor knows exactly that its rights and interests are damaged and the debtor clearly knows its obligations. #Creditor's rights and debts 946 readings
Can the Civil Code Change the Assignment of Creditor's Rights

Under the express provisions of the Civil Code of the People's Republic of China, it is indeed allowed to change the transfer of creditor's rights. However, the right to change the transfer is not unlimited freedom, it must strictly comply with the established conditions and procedures. For example, the assignment of creditor's rights must be notified to the debtor in a timely and effective manner. If the creditor fails to complete the notification obligation, the assignment will not have any legal binding force on the debtor. In addition, in the process of changing the assignment of creditor's rights, respecting and protecting the legitimate rights and interests of all relevant parties and ensuring fairness and justice are also crucial considerations. #Creditor's rights and debts 910 readings
What is the situation that bankruptcy cannot transfer creditor's rights

According to the current laws and regulations, if there is a legal or agreed prohibition on the transfer of a certain creditor's right, the corresponding transfer operation will be difficult to continue. For example, certain types of claims that are prohibited from being transferred according to the nature of the contract, such as claims derived from special identity relationships. Moreover, if according to the relevant national laws, this type of creditor's rights are expressly stipulated as non transferable, their transfer is also prohibited. #Creditor's rights and debts 1106 readings
How to Follow the Procedure of the Court's Enforcement of the Transfer of Creditor's Rights

First of all, the transferor and the receiver of the creditor's rights should sign a legally effective transfer contract of the creditor's rights. Secondly, both parties should inform the creditor in writing about the assignment of creditor's rights. Subsequently, the receiver has the right to apply to the court for change, and provide detailed and accurate information such as the creditor's right transfer contract and notice voucher. The court will carefully review and evaluate the application. If the conditions are met, the court will issue a decision to change the subject of enforcement. #Creditor's rights and debts 1363 readings

What is the rejection of the assignment of creditor's rights

If the creditor's rights do not exist or are entered into due to illegal or fraudulent transactions, such creditor's rights may be deemed invalid. For another example, according to laws and regulations or the agreement of both parties, certain kinds of creditor's rights cannot be transferred. It must also be noted here that if the assignment of creditor's rights has not been formally notified to the debtor, then in this case, it may result in no legal effect on the debtor. #Creditor's rights and debts 1339 readings
Can the debtor request the court to seal its bank account

Under normal circumstances, it is difficult for the defendant to request the court to freeze and block his personal bank account. The closure of the account by the court is usually based on the lawsuit filed by the creditor, supported by sufficient evidence, and only after a formal application can it be executed according to the legal procedures. Because freezing bank accounts is a mandatory measure, its main purpose is to ensure that the legitimate rights and interests of creditors can be effectively maintained and realized. #Creditor's rights and debts 1432 readings
Can the right of revocation be exercised when transferring property

Under certain conditions, it is legal to have the right to revoke the debtor's transfer of property. Once the debtor sells its property at an obviously unreasonable undervalue, or transfers another's property at an exorbitant price, or guarantees another's debt, which affects the realization of the creditor's rights, and in this case, the relevant parties of the debtor have known or should have foreseen the existence of such a situation, Then the creditor has the right to seek assistance from the people's court to cancel the debtor's above-mentioned behavior. #Creditor's rights and debts 834 readings

Win the lawsuit Professional lenders are engaged in illegal financial business activities, and private lending contracts and guarantees are invalid

Agent: Appellee result: Win the lawsuit

My value: In this case, through the efforts of lawyers, a large amount of evidence was collected to prove that the lender engaged in illegal financial business, and then confirmed that the private lending act was invalid. The party, as the guarantor, was invalid from the contract without performing the guarantee obligation, which avoided the huge losses of the party. Detailed case>
Win the lawsuit For private lending disputes with large amount and many times, prepare evidence from multiple perspectives to prove the fact of lending

Agent: plaintiff result: Win the lawsuit

My value: In the absence of direct evidence, indirect evidence that can prove the facts of the case should be organized in as many ways as possible to form a chain of evidence. In addition, when signing a contract or agreement, it is clearly agreed that the breaching party should bear the lawyer's fees and other costs, which will greatly reduce the losses of the observant party. Detailed case>
Zhang XX Civil Loan Dispute Appeal and Application Ruling

Agent: defendant result:

My value: Detailed case>
Zhang XX Civil Loan Dispute Appeal and Application Ruling

Agent: defendant result:

My value: Detailed case>

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