1. Will the bank card of a minor be checked if you owe a debt?
The bank card of a minor child will not be checked for debt. If the parents transfer property to the child's name in order to avoid debt, the creditor can exercise its right of revocation. The creditor's right of revocation means that the Debtor disposes of his or her property without compensation. When the property makes it impossible to realize the creditor's claims, the creditor can apply to the court to revoke the debtor's right to act.
Article 538 of the Civil Code
The debtor shall give up his creditor's rights , abandon the guarantee of creditor's rights, transfer property for free, etc. to dispose of property rights without compensation, or maliciously extend the performance period 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 cancel the debtor's behavior.
Article 540 The scope of exercise of the right of revocation is limited to the creditor's claims. The necessary expenses incurred by the creditor in exercising the right of revocation shall be borne by the debtor.
2. Owe money How to check the debtor's property status without repaying the debt?
1. Go to the real estate and land registration management department to check the debtor's real estate (real estate);
2. Go to the transportation registration and management authority to search for vehicles, ships, aircraft and other transportation vehicles;
3. Go to the debtor’s production and business premises to search for complete sets of equipment or inventory and other general movable property;
4. Go to the People’s Bank of China, the industrial and commercial department, and the taxation department to find the debtor’s bank Account or deposit;
5. If you invest in the equity of a listed company, go to the Central Securities Depository and Clearing Corporation or branch office where the listed company is listed. If you invest in the equity of an unlisted company, go to the unlisted company to register. Search the industrial and commercial department at the place of registration;
6. Go to the State Trademark Administration, the Intellectual Property Office and other intellectual property management departments to search for trademarks, patents and other intellectual property rights;
7. Go to the customs to search for supervised items and bonded goods;
8. Go to the treasury bond registration and custody agency to search National debt;
9. Go to the industrial and commercial administration department to check the debtor's establishment registration, equity registration and annual inspection information to discover property clues.
3. What are the circumstances under which the debtor can apply for court evidence collection if the debtor cannot pay back the money?
(1) The evidence collected under the application for investigation belongs to the archival materials preserved by the relevant state departments and must be obtained by the People's Court ex officio;
(2) ) Materials involving state secrets, business secrets, and personal privacy;
(3) Other materials that the parties and their litigation agents cannot collect on their own due to objective reasons.
[Warm Tips]Don’t panic if you encounter similar problems, click on Consultation to quickly find a professional and suitable lawyer, and have one-on-one in-depth communication Legal needs, get answers in 3~15 minutes!
