If the husband and wife are in the same debt in the name of one party, the share that should be borne by the wife after divorce has not been paid off, and the overdue period is related to the wife, but if the wife has paid off or is a personal debt, it has nothing to do with the wife. The debts incurred during the existence of the relationship between husband and wife shall be jointly borne by both parties, but if divorced, they shall be borne by the individual alone.

Loans overdue usually refers to the phenomenon that after the loan expires, the borrower fails to repay the principal and interest of the loan to the bank that issued the loan according to the loan term agreed in the loan contract, and fails to go through the relevant extension or lending procedures, resulting in the loan exceeding the agreed term.

Collection method

First, you can play the card of the bank and charge interest on the arrears of customers who owe money.

Issue an effective written notice in advance, claiming that the bank has collected the loan from the other party and set a repayment period for the other party. If the other party fails to repay the bank loan within the time limit, the bank will punish the other party according to "what" measures. Therefore, the company requires customers who are in arrears with the sales payment to repay within a certain period of time, otherwise they will be forced to add interest. This is easy for ordinary debtors to accept and makes them feel that the company has to do it.

Second, seize the opportunity to call to collect the arrears.

It is easier for the debtor to cooperate with you by calling when he is in the best mood. For example, it's best to start calling at 3:30 pm, because they are usually busy in the morning. It's a good idea to leave debtors half a day to do business, so that they have enough time to enter the normal working state, and they are generally in a better mood when they are more relaxed in the afternoon. At this time, it is easy to accept the collection of arrears. Besides, you must avoid talking on the phone while others are eating.

legal ground

People's Republic of China (PRC) Civil Code

Article 1064 The debts incurred by both husband and wife for the same signature or by one party afterwards, and the debts incurred by one party in his own name for the daily needs of the family during the marriage relationship, belong to the same debt of husband and wife. Debts incurred by one spouse in his own name during the marriage relationship that exceed the needs of family daily life are not joint debts of husband and wife; However, the creditor can prove that the debt is used for the husband and wife's life, production and operation, or based on the same meaning of both husband and wife.

Article 1089 At the time of divorce, husband and wife shall jointly pay off their debts. * * * If the same property is not paid off or the property belongs to each other, it shall be paid off by mutual agreement; If the agreement fails, the people's court shall make a judgment.