Dispute over debt contract

Debt dispute It is a legal dispute over property, Contractual debt Including payment obligation and collateral obligation. If it happens debt contract dispute What should we do? How to safeguard their legitimate rights and interests? Please read the following article to learn about disputes over debt contracts.

How to resolve disputes over debt contracts

I Reconciliation law 。

Negotiation and reconciliation refers to Creditor's rights and debts On the basis of voluntariness and mutual understanding, the parties directly negotiate or invite a third person to mediate to resolve the dispute. When the creditor's right is due or about to become due, obligor Those who are unable to repay the debt but are willing to repay the debt, creditor The debtor can be urged to perform the debt or sign a Repayment Agreement 。 If the claim has Mortgage guarantee Or if a third person provides security, the creditor may mortgage People or insurance witness Negotiate so that the mortgagor can use sufficient mortgaged assets to repay the debt, or the guarantor can repay the debt.

II Mediation Law 。

Can be directed to the local people's mediation The committee submitted a written mediation application. According to the Several Provisions on People's Mediation issued by the Ministry of Justice, the following conditions should be met when applying for mediation: 1. There should be clear basic information about the mediation applicant, such as citizens, legal persons, etc. 2. There are specific mediation requirements, such as requiring the respondent to perform repayment obligations. 3. There is a factual basis for the mediation application, such as Loan contract , security agreement, etc. 4. The dispute falls within the scope of acceptance of the people's mediation committee. After an agreement is reached through mediation, the debtor shall perform its obligations according to the agreement and shall not change or terminate the agreement without authorization. If the debtor reneges or partially reneges after signing the agreement, the creditor may bring a lawsuit to the people's court to request the other party to perform the mediation agreement.

III arbitration law 。

According to the provisions of the Arbitration Law of China, the arbitration shall be carried out in a unified way litigation Compared with the system of final adjudication of the second instance, arbitration is more conducive to the rapid settlement of disputes between the parties. The parties applying for arbitration shall submit the arbitration agreement, application and copies to the arbitration institution. The application shall specify the name, gender, age, occupation, etc. of the party concerned and the factual reasons. The settlement of debt disputes through arbitration is highly confidential, and there is no fierce confrontation between the parties. In addition, the cost of applying for arbitration is generally lower than the cost of bringing a lawsuit.

IV procedural law 。

A debt dispute lawsuit is a civil lawsuit. For some cases that are more complex, difficult for the other party to deal with or difficult to solve by other means, creditors can choose litigation procedures to solve them. The advantages of litigation are as follows: 1. The court's handling of debt disputes is final and has Enforcement The solution of force. 2. The time limit for litigation is strictly limited by law. our country civil procedure law It is stipulated that the court shall, after receiving the civil Indictment Or oral prosecution Filing a case After the civil case first instance time limit of trials 6 months, which can be extended for 6 months under special circumstances; If the party refuses to accept the judgment of first instance, he may appeal to the people's court at the next higher level; If the party refuses to accept the ruling of first instance, he must appeal to the people's court at the next higher level within 10 days second instance The hearing period is 3 months. Issued immediately after the judgment of the court judgment 。

V Application for payment order law 。

Article 191 of China's Civil Procedure Law stipulates: "After accepting the application, the people's court shall review the facts provided by the creditor evidence If the relationship between the creditor and the debtor is clear and legal, a payment order shall be issued to the debtor within 15 days from the date of acceptance: if the application is not established, it shall be rejected by a ruling. " If the debtor neither consciously performs its obligations nor raises a written objection within the specified date, the creditor may apply to the people Court enforcement 。

VI Application for advance execution 。

Advance execution is a temporary measure that the people's court executes certain property to the defendant in order to solve the plaintiff's current living difficulties before making a judgment on some cases. Article 97 of the Civil Procedure Law of China stipulates that "the people's court may, upon the application of the parties, order advance execution in the following cases: (1) recourse Alimony 、 support Fees, upbringing fees Pension 、 medical expense Of; （2） Recourse for labor remuneration; （3） It is necessary to implement it in advance due to urgent circumstances. " The application for advance execution shall meet the following conditions: 1. The rights and obligations between the parties are clear and definite; 2. There is no obligation to pay between the two parties, only one party has rights and the other party assumes obligations; 3. The urgency of exercising rights, that is, the party enjoying the rights urgently needs to realize its rights, and if not, it will seriously affect its life or production; 4. There must be an application from the party concerned; 5. The respondent has the ability to perform.

VII Bid Enforcement notarization method 。

Compulsory execution notarization refers to the notarization of the creditor's rights document by the notary office according to the application of the party concerned, if the document for debt recovery and goods is found to be beyond doubt after examination and verification, and the notarization shall be given the compulsory execution effect according to law. In this way, creditors can save complicated litigation process and Litigation costs It can be regarded as a simple and efficient debt collection method. The party applying for notarization of the obligatory right document with enforcement effect shall Jurisdiction (i.e. the place where the party is domiciled or where the act takes place) ID If it is a legal person, the legal person qualification certificate shall be provided agent Personal identity documents and Power of Attorney ; Creditor's rights documents that need to be given enforcement effect, such as repayment agreement, IOU, etc; Documents related to economic guarantee, such as mortgage agreement and guarantee letter; Other relevant materials, such as the debtor's fund and repayment capacity certificate; The creditor shall provide proof that the borrower failed to repay the loan on schedule.

VIII Priority law 。

By China guarantee law The debtor or a third person can provide the creditor with real estate, movable property mortgage or pledge As a guarantee for the performance of the debt, if the debtor fails to perform the debt, the creditor shall have the right to convert the mortgaged or pledged property into money according to the law, or have priority in getting paid from the proceeds of auction or sale of the property. For example, Custodial contract 、 Processing contract 、 Transport contract If the obligor does not pay the storage fee, processing fee or transportation fee, the obligee can retain the property for storage, processing or transportation, auction or sell it for priority.

IX Law on Guarantor's Priority of Recovery 。

It refers to the right of the guarantor to claim repayment from the debtor after assuming the guarantee liability. Under normal circumstances, the guarantor can claim the right of recovery from the debtor only after paying off the secured creditor's rights. However, under special circumstances, the guarantor may also exercise the right of recourse in advance. Article 32 of the Guarantee Law of our country stipulates: "After the people's court accepts the debtor's bankruptcy case, if the creditor fails to declare his creditor's rights, the guarantor may participate Bankruptcy property Distribution, exercise the right of recourse in advance. " The reason why the law makes such a provision is that under such circumstances, the guarantor still has the obligation to guarantee the creditor's repayment. If the guarantor does not recover in advance, after the bankruptcy property is divided, it will lose the object of recovery, causing irreparable losses.

X Subrogation 。

The creditor's right of subrogation is generally the right of the creditor to exercise the debtor's rights in its own name. our country contract law Article 73 stipulates that: "If the debtor delays in exercising its creditor's rights that are due and causes damage to the creditor, the creditor may request the people's court to subrogate the creditor's rights of the debtor in its own name." The occurrence of the right of subrogation must meet the following conditions: 1. There is a legal creditor debtor relationship between the creditor and the debtor; 2. The debtor has matured creditor's rights against a third party; 3. The debtor is slow in exercising its rights; 4. The debtor's delay in exercising its own rights may make the creditor's due creditor's rights impossible to realize, and the creditor has the necessity to preserve the creditor's rights.