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What should we do if we can't find anyone after the debt has escaped

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What should we do if we can't find anyone after the debt has escaped


        

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  • 2024-06-18 17:00:01

    "There are four ways to protect rights:

    1、 If the debtor is married, claim the creditor's rights from his/her spouse: if the debtor is married, claim that the debtor's debt is the joint debt of the husband and wife, and claim the creditor's rights from the debtor's spouse. If the creditor and the debtor did not agree that the debt was personal debt, or the creditor did not know that the debtor and his wife agreed that the marital property should be owned by each other, the debt owed in the name of one party during the marriage relationship should be recognized as joint debt in principle. The creditor may require the debtor's spouse to repay the debt.

    2、 If there is a guarantor claiming creditor's rights from the guarantor: if there is a guarantor at the time of borrowing, if the debtor is unable or impossible to pay off the debts when due, the guarantor shall pay off the debts to the creditor. Therefore, the creditor can claim against the guarantor. After paying off the debts, the guarantor can also claim compensation from the debtor.

    3、 Can apply to the people's court for declaration of disappearance: creditors have the right to apply to the court for declaration of disappearance. Then the property custodian of the missing person shall pay the debts owed from the property of the missing person.

    4、 It can directly file a lawsuit to the court: the debtor's whereabouts are unknown. Although the court cannot serve the notice of hearing in person after the lawsuit, the court can use the way of public announcement.
    According to the Civil Procedure Law, if the whereabouts of the person on whom the service is to be made is unknown, or if the service cannot be made by other means specified in this section, the service shall be made by public announcement. Sixty days from the date of the public announcement, it shall be deemed to have been served. Therefore, once the time for announcement is up, whether the defendant has seen the announcement or not, it will be deemed as having been delivered. After the court reviews the proof of creditor's rights put forward by the creditor, it makes a default judgment. Finally, after the judgment takes effect, the creditor applies for enforcement. "

    Legal basis

    Article 40 of the Civil Code of the People's Republic of China [Conditions for declaring a missing person] If the whereabouts of a natural person has not been known for two years, an interested person may apply to the people's court to declare the natural person missing.

    Article 41 of the Civil Code of the People's Republic of China [Calculation of the time of missing persons] The time when a natural person is missing is calculated from the date when he loses the information. If the whereabouts of a person is unknown during the war, the time for missing persons shall be counted from the date of the end of the war or the date when the whereabouts are unknown as determined by the relevant authorities.

    Article 42 of the Civil Code of the People's Republic of China [Property Custodian of Missing Persons] The property of a missing person shall be placed in the custody of his spouse, adult children, parents or other persons willing to act as the property custodian.
    If there is a dispute over escrow, and there is no person specified in the preceding paragraph, or if the person specified in the preceding paragraph is unable to act as escrow, the people's court shall appoint a person to act as escrow.

    Article 43 of the Civil Code of the People's Republic of China [Responsibilities of the property custodian] The property custodian shall properly manage the property of the missing person and safeguard his property rights and interests.
    Taxes, debts and other payable expenses owed by the missing person shall be paid by the property custodian from the missing person's property.
    If the property custodian causes property losses to the missing person due to his intentional misconduct or gross negligence, he shall be liable for compensation.

    On***

    2024-06-18 17:00:01

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