How cannot be debt person found to do in owing lawsuit? In reality, some people can encounter this kind problem when undertaking owing lawsuit, right now general court adopts relevant measure to undertake handling, although cannot find debtor, final course cognizance also is the belongings that can carry out debtor compulsively. Below lawyer of on-line of a magic weapon introduces debt in detail for you debt person cannot be found how to do in lawsuit, hope to be helped somewhat to you.
Owe money to still cannot find debtor how to do
Debt expires to cannot find debtor however, to creditor, did not compare this more headaching thing. But no matter debtor is missing intentionally, did the creditor's rights of creditor want debt not to have the door at this point? Actually creditor is in it is OK to encounter this kind of circumstance to fall through below two kinds of ways undertake demanding repayment:
1. creditor is inside litigant limitation period, can occupy a dwelling place formerly to debtor directly or the people court to lodge a complaint of belongings seat, chase after plan loan.
The hold receipt for a loan evidence that proves leasehold relation exists answers when sueing, the court is accepted with respect to meeting put on record. Because debtor misses, the court uses the formal subpoena debtor of announcement service to should appeal to commonly after put on record. Announcement period at the expiration of one's term of office, when debtor should not appeal to, the case classics that the court makes clear to leasehold person relation namely makes judgment by default after cognizance. After judgment by default, although debtor misses, but classics loan application, the court can take auction debtor building or the method of belongings is debt of creditor pay off.
2. applies for declare debt to be missing artificially to the court by debtor person, next by govern on somebody's behalf person from be missing belongings medium-counts of the person pays borrow or lend money.
Our country " civil code general rule " the 20th regulation, the citizen misses full two years, interests can file declaration to people court he is be missing person. The 21st sets, be missing the person's belongings perhaps concerns by his spouse, parents, adult close other relative, friend governs on somebody's behalf. Be missing person place owes imposition, debt and payable other charge, by govern on somebody's behalf the person pays from inside the belongings that be missing.
Dispute over obligation is sued should provide what evidence
Because creditor's rights dispute over obligation is sued,come when the court, should offer the evidence that concerns with liability case to be:
(one) the receipt for a loan that can prove relationship of creditor's rights debt exists, receipt, leasehold contract, perhaps do not have the two above witness of interests to prove with the case, clew of other perhaps evidence.
(2) original of deed of security, perhaps lose the basic case of joint liability person, and their reality economic atmosphere and repay the evidence of ability.
(3) the name of pawn, amount, norms, quality and cost amount when the proof of the circumstance.
(4) be fulfilled not nonperformance of debtor exceed the time limit, completely or other violate civil contract act, and debtor reality economic atmosphere and repay the evidence of ability.
(5) the name of the pawn that the requirement recovers, amount, evidence that deposits a place.
