Legal analysis
If you meet someone who owes money and doesn't pay it back, you can sue directly with an iou. The court will make a default judgment, and then you can apply for enforcement based on the judgment. You can apply to the court to declare the debtor as a missing person, and his property custodian will pay for it from his property. If a citizen's whereabouts have been unknown for two years, he may apply to the court to declare him a missing person. If he dies, he can pay from his inheritance. If the heir does not admit it, he can sue the heir. Citizens whose whereabouts are unknown for two years, the requirement must be two years. Prosecution is to file a case with a people's court with jurisdiction. Generally, the plaintiff files a lawsuit with the people's court where the defendant resides on the principle of defendant. If the defendant's domicile is inconsistent with his habitual residence, it shall be under the jurisdiction of the people's court of habitual residence. To bring a lawsuit in court, you need the plaintiff's identity certificate, indictment and corresponding supporting materials, and pay the legal fees in advance. After the court receives the complaint, it will review it. Those who meet the acceptance conditions shall be accepted immediately and go through the relevant filing procedures. If the conditions for acceptance are not met, the written decision of rejection shall be served on the plaintiff within seven days from the date of receipt of the complaint.
legal ground
People's Republic of China (PRC) Civil Code
Article 40 If the whereabouts of a natural person have been unknown for two years, the interested party may apply to the people's court to declare the natural person as a missing person.
Article 42 The property of a missing person shall be taken care of by his spouse, adult children, parents or other persons who are willing to act as property custodians. If there is a dispute over guardianship, if there is no person specified in the preceding paragraph, or if the person specified in the preceding paragraph has no guardianship ability, the guardianship shall be designated by the people's court.
Article 43 The property custodian shall properly manage the property of the missing person and safeguard the property rights and interests of the missing person. Taxes, debts and other expenses payable by the missing person shall be paid by the property custodian from the missing person's property. If the property custodian intentionally or grossly neglects to cause property losses to the missing person, he shall be liable for compensation.