Family members have gambling debts; don't rush to pay them for them: Gambling debts are not protected by law, and money borrowed for gambling does not count as common marital debt
Money owed at a gambling table is not protected by the court. If a creditor knew the person was borrowing money to gamble and still lent it to them, the court will not protect this debt either. Money borrowed by one spouse for gambling cannot be considered a debt that both spouses are responsible for repaying. Without a trial, the court cannot hold the non-borrowing party liable.
No monetary cost. The difficulty lies in resisting the urg…
The notice from the Supreme People's Court in 2017 year specifies four points. Debts incurred by one party in…
No monetary cost. The difficulty lies in resisting the urge to pay when creditors come to your door or family members beg you with tears. If the creditor actually files a lawsuit, you must respond to the litigation.
The notice from the Supreme People's Court in 2017 year specifies four points. Debts incurred by one party in illegal or criminal activities, such as gambling or drug use, are not protected by law. If a creditor knew or should have known that the money was being borrowed for gambling or drug use and still lent it, it is not protected by law. If one party borrows money in their own name to engage in illegal or criminal activities, the court will not support their request to treat it as common marital debt. Without a formal trial procedure, the party who did not borrow the money cannot be required to bear civil liability (Nationwide, starting from 2017 year).
最高人民法院 (2017). 关于依法妥善审理涉及夫妻债务案件有关问题的通知(法〔2017〕48 号,第二、四条). https://www.court.gov.cn/fabu/xiangqing/36982.html
Open source linkB is given because this is an internal court notice; there are no numbers, and whether the creditor was aware depends on the evidence. This notice was issued according to the Marriage Law in effect at that time; for how to identify community debts of spouses after the implementation of the Civil Code, see Section 10, Article 12 (large loans taken by a spouse). Even if the creditor did not know the loan was used for gambling, it must still be repaid, but the person who borrowed the money is solely responsible for the repayment. To prove that the money was used for gambling, one must have bank transfer records, gambling platform logs, or police processing materials; keep these on hand. If the creditor actually files a lawsuit, the ordinary procedure starts from 6 months, and the summary procedure is 3 months. Each party pays their own attorney fees; the losing party does not bear the other's fees. If a creditor comes to one's door to block or detain someone, see Section 9, Article 15 (debt collection does not permit detention); call the police immediately. If he himself has already gambled to the point of wanting to die, see Section 1, Article 37 (gambling to the point of borrowing money to gamble, then first hitting 12356). The beneficiaries are mainly the spouse and immediate family members.