Author: Lawyer Zhou Jun.
If you need help, you can send a private message, and you will be answered
In daily work and life, you often encounter such a situation: the other party owes you money (private loans or project funds, etc.), but because others (units) owe him money, the other party has no money to repay you, what should I do at this time?
The Civil Code stipulates that: "If the debtor neglects to exercise its creditor's rights or subordinate rights related to the creditor's rights, which affects the realization of the creditor's due creditor's rights, the creditor may request the people's court to subrogate the debtor's rights against the counterparty in its own name". That is, if the person who owes you money is not actively pursuing the money that others owe him, you can sue his debtor directly to recover what you owe.
This situation is more common in project contracting and debt evasion.
1. Exercise of subrogation of project contracting debts.
If the general contractor does not settle the settlement with the subcontractor, the subcontractor does not pay the actual contractor, and the subcontractor does not seek compensation from the general contractor due to the cooperative relationship, the actual contractor can directly subrogate the general contractor.
2. Exercise of subrogation to evade debts.
If the debtor does not repay the money, but evades paying the debt to you by not collecting the money from his debtor, or asking the other party not to pay, etc., you can also directly sue the party who owes you the money to recover the debt.
3. Exercise of the right of revocation.
If your debtor disposes of the property rights and interests free of charge by waiving its creditor's rights, waiving the guarantee of its creditor's rights, transferring the property without compensation, etc., or maliciously extends the performance period of its due creditor's rights;If you transfer property at an obviously unreasonable low price, transfer another person's property at an obviously unreasonable price, or provide security for the debts of others to avoid repaying the money to you, you can also request the people's court to revoke the act.
Of course, not all of your debtor's claims can be subrogated. For a claim that can be sued by subrogation, the following conditions need to be met:
1.The creditor's rights are legitimate;
2.Claims are due;
3.Negligence in exercising has caused you harm;
4.The claim is not its exclusive claim.
As for whether the creditor-debtor relationship between the person who owes you money and the other party is clear and undisputed, there is no need to worry, the court will find out during the trial.
Therefore, if the person (unit) who owes you money has no money to pay you back, try to find out if anyone owes him money, so that there is more hope for recovering your arrears.
If you need help, you can send a private message, and you will be answered
Popularize legal knowledge to help you protect your rights and interests.
Pay attention to likes**, so that relatives and friends can be protected by law!