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How to deal with the debtor's failure to repay when due

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How to deal with the debtor's failure to repay when due


        

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  • 2024-06-14 12:00:48

    There are many ways to resolve disputes, such as consultation, mediation, arbitration and litigation. If it is possible to negotiate, try to negotiate. If it is not possible to negotiate, file a lawsuit with the people's court in a timely manner within the limitation of action. If there is any property clue of the other party, you can provide the court with an application for preservation. Applying for payment order is one of the effective ways to recover arrears. According to Article 214 of the Civil Procedure Law of the People's Republic of China, a creditor may apply to the basic people's court with jurisdiction for a payment order if the following conditions are met when requesting payment of money or securities from the debtor: (1) There is no other debt dispute between the creditor and the debtor. (2) The payment order can be served on the debtor. (3) The application shall clearly state the amount of money or negotiable securities requested and the facts and evidence on which it is based. The creditor orders the debtor to pay off the debt within 15 days from the date of receiving the payment order, or raises a written objection to the people's court. If the debtor neither raises an objection nor performs the payment order within 15 days, the people's court may enforce the order according to the creditor's application. It can be seen that the biggest advantage of applying to the people's court for a payment order to recover the arrears is that the time is short and the effect is fast. Of course, if the debtor raises a written objection to the people's court within the statutory time, it must be handled through litigation procedures. This can well protect the creditor's rights in debt disputes. Then let's extend this issue to the following: the debtor's legal obligations: in the debt relationship, the debtor is obligated to perform or not perform certain acts to the other party (creditor) according to the agreed conditions. In the relationship of debt, the debtor is specific, and only the subject of the obligation must undertake the obligation of delivering property, providing labor services and doing or not doing certain acts to the creditor. Transfer of obligations of the debtor: if the debtor transfers all or part of its obligations under the contract to a third person, it shall obtain the consent of the creditor. Where laws and administrative regulations provide that the transfer of rights or obligations shall go through the approval, registration and other procedures, such provisions shall prevail. A party may, with the consent of the other party, transfer its rights and obligations under the contract to a third party. After the debt matures or when the mortgage right is realized, the creditor may first demand payment from the debtor and demand repayment; Or the two parties may negotiate on the value of the mortgaged property. If the negotiation fails, the two parties may request the people's court to auction or sell the mortgaged property and repay the debt with the proceeds from the auction or sale. If the proceeds from auction or sale are higher than the loan amount, the higher part shall be returned to the debtor. If the proceeds from auction or sale are lower than the loan amount, the debtor shall repay the creditor the insufficient part separately.

    Li***

    2024-06-14 12:00:48

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