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How to recover debts when the debtor is missing

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How to recover debts when the debtor is missing


        

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  • 2024-05-25 07:00:21

    1. If there is a guarantor for the debt, claim the creditor's rights from the guarantor. In order to guarantee the realization of creditor's rights, the guarantor shall pay off the debts to the creditor if the due debts cannot or cannot be paid off. The guarantor may claim compensation from the debtor after paying off the debt.

    2. Examine whether the property is the joint property of husband and wife. The joint debt of husband and wife is repaid by the joint property of husband and wife. Therefore, if the debt is joint debt of husband and wife, the creditor can claim the creditor's right from the debtor's spouse.

    3. Bring a lawsuit to the court. In the trial, the court will review the proof of creditor's rights submitted by the creditor, and then make a judgment. If the debts cannot be paid off after the judgment becomes effective, compulsory execution may be applied for.

    4. Apply for declaration of disappearance and claim creditor's rights from the debtor's property custodian.

    [Legal Basis]

    Article 43 of the Civil Code states that taxes, debts and other expenses payable by a missing person shall be paid by the property custodian from the missing person's property.

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