Job Recruitment Website - Property management - The other party defaulted on the payment and never gave it. I can't get in touch with anyone now. What should I do?
The other party defaulted on the payment and never gave it. I can't get in touch with anyone now. What should I do?
1. Creditors can directly bring a lawsuit to the people's court to recover the loan.
When a creditor brings a lawsuit, it shall bring a lawsuit to the court where the debtor's original domicile or property is located.
As long as there is enough evidence to prove the existence of the loan relationship and meet the conditions for filing and accepting cases stipulated in the Civil Procedure Law, the people's court will file a case for acceptance.
If the debtor's whereabouts are unknown, the court will generally summon the debtor to respond by announcement after accepting it.
If the debtor is not present at the expiration of the announcement period and the court has a clear loan relationship, it may make a judgment by default after trial. After the judgment takes effect, although the debtor's whereabouts are unknown, the court can still auction the debtor's house and other property to pay off the debt for the debtor as long as the creditor applies for enforcement.
2. The creditor applies to the court to declare the debtor as a missing person, and then the trustee pays the debt from the property of the missing person.
Article 20 of the General Principles of the Civil Law stipulates: "If a citizen's whereabouts have been unknown for two years, the interested party may apply to the court to declare him as a missing person.
At the same time, it is stipulated that the property of a missing person shall be entrusted to his spouse, parents, adult children or other close relatives and friends for safekeeping. The taxes, debts and other expenses owed by the missing person shall be paid by the custodian from the property of the missing person. "
If the custodian refuses to repay, according to the relevant regulations, the property custodian can bring a lawsuit to the court as the defendant, and the court will decide to force the custodian to repay.
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