Legal Information

24 2026-9

Can the balances in Alipay and WeChat be frozen by the court?

Yes. The balance in Alipay and the WeChat Wallet belong to the debtor's property rights, and the court can freeze and confiscate them through online monitoring; within 30 days after the pre-litigation preservation, the debtor must file a lawsuit. The frozen funds should be reserved for daily necessities, and the debtor can apply for the unfreezing of the funds after fulfilling the obligation.

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24 2026-9

What should I do if I miss the deadline for creditor's declaration?

If you miss the declaration period, you can make a supplementary declaration before the final distribution of the bankruptcy estate, in accordance with Article 56 of the Enterprise Bankruptcy Law. The distribution that has already taken place will not be re-distributed. The review and confirmation expenses shall be borne by the declarant himself. It is necessary to declare as soon as possible to a...

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24 2026-9

Can I still pursue the debt if the debtor has been sentenced to prison?

The sentencing does not exempt civil debts: the sentenced person can be sued as usual and a judgment can be made in absentia. It should be noted that the statute of limitations is three years. As for illegal fund-raising, the recovered funds will be used to repay the debts, and in the event of the debtor's death, the heirs will pay off the debts within the scope of the estate.

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24 2026-9

How can enterprises conduct contract management to prevent bad debts?

Pre-contract credit investigation, keeping records of contract performance, and graded collection of overdue payments can significantly reduce bad debts. This includes agreeing on payment deadlines and penalties, retaining invoice and account statement evidence, promptly pursuing collection and litigation within three years, and applying for property preservation simultaneously for large-scale deb...

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24 2026-9

Do the debts of one spouse have to be repaid by the other spouse?

According to Article 1064 of the Civil Code, joint debts signed by both spouses or used for daily family life are considered joint debts; if the debts exceed the daily needs, the creditor must provide evidence to prove that the debts are used for joint living. The divorce agreement cannot be used to oppose the creditor's claims.

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24 2026-9

Is it legally supported for a child to repay their parent's debts?

The principle of "the son paying off the father's debts" only applies within the scope of inheritance. According to Article 1161 of the Civil Code, the heirs shall pay off the debts within the actual value of the inherited estate, and if they renounce the inheritance, they shall not be liable for the repayment of the debts.

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24 2026-9

Do I need to give my consent if the debt is transferred to someone else?

According to Article 551 of the Civil Code, the transfer of debt must be agreed to by the creditor, and it will not take effect without the creditor's consent. According to Article 552, the debtor will be jointly liable for the debt. The debtor should give a written response promptly upon receiving the notice of transfer.

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24 2026-9

After the guarantor repays the loan for me, can he/she recover the repayment from the borrower?

After the guarantor repays the loan on behalf of the borrower, he/she can seek reimbursement in accordance with Article 700 of the Civil Code, with a statute of limitations of three years. The guarantor should keep the proof of compensation and notify the debtor in writing. If no agreement can be reached through negotiation, the guarantor may file a lawsuit against the debtor.

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24 2026-9

Can land expropriation lawyers handle collective land compensation disputes?

Collective land compensation disputes can be handled by land expropriation lawyers: Claim fair compensation in accordance with Article 48 of the Land Management Law, and through multiple channels such as information disclosure, reconsideration, and duty-performance applications, they have helped villagers secure compensation of 309,000 yuan.

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24 2026-9

Can the village committee sign the land expropriation compensation agreement on behalf of the villagers?

According to Article 47 of the Land Management Law, the land expropriation shall be announced and implemented by the government at or above the county level. The village committees are not the legal contracting parties, and the validity of the agreements signed on their behalf is questionable. However, within 20 working days, the parties can obtain a response to their request for information discl...

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24 2026-9

How to sign an agreement if the owner of the ancestral home dies during the demolition process?

After the owner of the property dies, the contract shall be signed by all the heirs or their authorized representatives in writing, and the compensation shall be handled in accordance with Article 1122 of the Civil Code as part of the estate; for public housing tenants, the ownership of the tenancy rights shall be confirmed first. The property shall be distributed internally before signing the con...

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24 2026-9

Can a housing expropriation lawyer review the legality of the expropriation decision?

The housing expropriation lawyer reviews the expropriation decision from four aspects: authority, procedure, facts, and compensation. If it is illegal, the party concerned may apply for reconsideration within 60 days or file a lawsuit within 6 months. If necessary, the lawyer may also review the normative documents. If the main evidence is insufficient, the court may rule to revoke the decision.

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24 2026-9

What is the difference between a pre-signing agreement and a formal compensation agreement?

The pre-signed agreement often includes effective conditions, and its binding effect is limited if it fails to take effect; the formal compensation agreement signed in accordance with Article 25 of the "Regulations on the Acquisition and Compensation of Houses on State-Owned Land" takes effect immediately. The compensation should be provided before the relocation. If the agreement is not signed an...

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24 2026-9

What is the difference between the compensation for the expropriation of forest land and that for cultivated land?

The compensation for forest land and cultivated land is in accordance with the four frameworks of Article 48 of the Land Management Law. For forest land, the compensation for trees is evaluated based on the type and age of the forest. The lack of a certificate does not necessarily mean disqualification. If you disagree with the standard, you can file an appeal within 60 days or file a lawsuit with...

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24 2026-9

Can I still file a lawsuit after the decision on expropriation compensation has been issued?

Appellate rights: within 60 days, an administrative reconsideration may be requested (Article 20 of the Administrative Reconsideration Law); within 6 months, a lawsuit may be filed (Article 46 of the Administrative Litigation Law); after the deadline, the party will face forced eviction by the judiciary, and the decision may be revoked if it is found to be illegal.

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