What if the debtor has no money to pay his debts

According to article 108 of the general provisions of the civil law of China, "debts shall be paid off. If the obligee fails to pay the debt, the debtor may pay the debt in installments if the creditor agrees or the people's court decides. If a person is capable of repaying a refusal, the people's court shall make a mandatory payment. Thus, the debtor must repay the debt. But there are two situations in which debt cannot be repaid, one is the inability to repay and the other is the ability to refuse to repay. The general principles of the civil law also provided the above principles.

In practice, there are two different situations in which debtors are unable to pay back: one is temporarily unable to repay. If this is the case, it may be paid in installments by the debtor in accordance with the relevant provisions of the general provisions of the civil law. The other is permanently insolvent. If is permanent inability to pay off, only to the personal property of the debtor to pay off, it will be after a court, a judgment, then put it into execution, which means the debtor to perform, how many personal property which creditors take.

Private borrowing should be measured. Lend money to people, we must understand each other's credit standing, is the exchange between friends and relatives, if the amount is larger, in addition to the vertical ious, also as far as possible by the borrower to provide assurance or at a certain property as collateral, so it can reduce the risk.

Can the creditor seize the debtor's property

The debtor is not paying off his debts, and the creditor can only Sue to the court to force the debtor to pay his debts in a lawful manner. Usually the creditor is not able to directly exercise the coercive power, including the seizure of property. But this is not absolute, in the case of legal permission, the creditor can seize the debtor's property. In the following two cases, creditors are allowed to seize property:

1. If one party holds the other party's property in accordance with the contract, the other party fails to pay the due amount due to the contract, and the possessor shall have the right to seize the property of the debtor.

2, when the debtor or the third person to provide a specific property of the debtor to perform his obligation of guarantee, the debtor defaults, the creditors can seize the mortgaged property, and can realize the value of the mortgaged property priority of their claims. Armour with cattle mortgage loans one thousand yuan, for example, due to, the creditors can seize the oxen to urge a debt, can also be sold in accordance with the realization of their rights, the cattle also can make the oxen to discount, the balance can be returned. This is the mortgage of the civil law.