In a debt relationship, the debtor may sometimes resort to various means to escape the debt, one of which is to transfer property to his children. Such behavior not only harms the interests of creditors, but also violates the provisions of the law. So, what should we do when the debtor transfers money to the children? Let's take a look at it.
Go to the court to file a lawsuit for preservation, or you can apply for a revocation lawsuit.
China's Civil Procedure Law stipulates that after the legal document on which enforcement is based takes effect and before the application for enforcement, the creditor may apply to the people's court with enforcement jurisdiction to preserve the debtor's property. The people's court may make a ruling with reference to article 92 of the Civil Procedure Law, and the preservation ruling shall be immediately enforced. The creditor may apply to the court with enforcement jurisdiction for pre-enforcement property preservation to protect the rights and interests of the creditor.
In general, there is no need for the applicant to provide security for this kind of property preservation. At this time, the rights and obligations of the two parties have been effectively determined by the legal documents, the creditor's rights and debts between the parties are clear, and there is no loss to the respondent due to the wrong application. However, after applying for property preservation, the creditor must apply to the court for enforcement in a timely manner, because if the applicant does not apply for enforcement within the statutory time limit for applying for enforcement after the court has taken the preservation measures, the court will rule to lift the preservation measures.
Legal Provisions. Article 538 of the Civil Code: [Exercise of the Creditor's Right of Revocation in the Case of Gratuitous Disposition] Where the debtor disposes of the property rights and interests free of charge by waiving its creditor's rights, waiving the guarantee of the creditor's rights, transferring the property free of charge, etc., or maliciously extends the time limit for the performance of its due creditor's rights, affecting the realization of the creditor's creditor's rights, the creditor may request the people's court to revoke the debtor's acts.
Article 539 [Exercise of Creditor's Right of Avoidance in Unreasonable Transactions] Where the debtor transfers property at an obviously unreasonable low price, transfers the property of another person at an obviously unreasonable price, or provides security for the debts of others, affecting the realization of the creditor's creditor's rights, and the debtor's counterpart knows or should know about the situation, the creditor may request the people's court to revoke the debtor's act.
When the debtor transfers money to his children, the creditor should take active measures to protect their rights and interests, and the dispute can be effectively resolved through legal channels. At the same time, it is also very important to strengthen preventive measures to avoid forming debt relationships with people with poor credit, which can also effectively avoid similar problems.