Don't parents owe their children money?

Parents who fail to pay their debts may be included in the list of people who have lost their trust and have an impact on their children. The blacklist of credit information will restrict private schools that charge high fees for their children, and it will also be hindered to give children a better education and environment.

1. Does it affect children if parents owe money?

Parents who owe money generally have no influence on their children. Parents are generally people with full capacity for civil conduct and can bear debts independently, so children are not responsible for their parents' debts. However, if parents are restricted from spending too much, it will affect their children's going to private schools with high fees. If a child inherits his father's estate, he shall pay off the taxes and debts that the decedent should pay according to law.

Article 161 of the Civil Code of People's Republic of China (PRC) stipulates that the taxes and debts payable by the decedent according to law shall be paid off at the time of inheriting the estate, and the payment of taxes and debts shall be limited to the actual value of the estate. The part exceeding the actual value of the estate shall be voluntarily repaid by the heir.

If the heir renounces inheritance, he may not bear the taxes and debts that the decedent should pay according to law.

Second, how long can I sue the other party if I owe money?

If you owe money, you can sue the other party for three years.

According to Article 188 of the Civil Law of People's Republic of China (PRC), the limitation period of ordinary litigation and the longest period of rights protection are three years. Where there are other provisions in the law, those provisions shall prevail.

The limitation period of action shall be counted from the date when the creditor knows or should know that the right is damaged and the debtor knows it. Where there are other provisions in the law, those provisions shall prevail. However, the people's court shall not protect the rights that have been damaged for more than 20 years. Under special circumstances, the people's court may decide to extend the time according to the application of the obligee.

Third, the defendant who owes money to sue is not present?

The defendant owes money and does not show up as follows:

1. If the defendant does not appear in court, he can make a judgment by default, and the defendant will bear the consequences of not defending himself;

2. If the defendant is required to appear in court, if he still fails to appear in court after two legal summonses, compulsory summonses will be taken;

3. If the defendant refuses to repay after the judgment, he shall apply to the court for compulsory execution; If the court decides that the debtor must pay back the money immediately, there will be an execution period, usually 1 to 3 months, after which the court can enforce it;

4. The debtor applies to the court to declare the debtor as a missing person, and then the trustee pays the loan from the property of the missing person. According to the relevant laws and regulations, if the whereabouts of the addressee is unknown, or it cannot be served by other means specified in this section, the notice shall be served. Sixty days after the announcement, it shall be deemed to have been delivered. When the announcement is served, the reasons and process shall be recorded in the file;

5. The execution period is generally less than six months. If the case is complicated, it may be extended upon approval. If the person subjected to execution has no property to execute, the case will only end.

I hope the above content can help you. Please consult a professional lawyer if you have any other questions.

Legal basis: Article 3 of the Regulations of the Supreme People's Court on Restricting the High Consumption of the Executed Person stipulates that if the executed person is a natural person, after being restricted from high consumption, he shall not commit the following acts of paying expenses with his property:

(a) when taking the means of transportation, choose the second class or above of the plane, train soft sleeper and ship;

(two) high consumption in hotels, hotels, nightclubs, golf courses and other places above the star level;

(three) the purchase of real estate or new construction, expansion, high-grade decoration of housing;

(four) leasing high-grade office buildings, hotels, apartments and other places to work;

(5) Purchasing non-essential vehicles;

(6) tourism and vacation;

(seven) children attending private schools with high fees;

(8) Paying high premiums to purchase insurance wealth management products;

(nine) other high consumption behaviors that are not necessary for life and work.

If the person subjected to execution is a unit, it is forbidden for the person subjected to execution, his legal representative, the principal responsible person and the person directly responsible for affecting the performance of debts to carry out the acts specified in the first paragraph of this article with the unit property after being restricted from high consumption.