How to solve the problem of others' arrears

1、 Others Non payment of money owed How to solve it

It is better to solve the problem through negotiation. If not, you can only sue.

1. Reconciliation.

Negotiation and reconciliation is the simplest and most convenient way to solve problems, creditor and obligor To be solved through negotiation debt It is better to sign the question Repayment Agreement And other agreements to perform the debts in the way agreed by both parties. A settlement agreement can also be signed under the mediation and witness of a third person.

2. Mediation.

Mediation is also a way to solve problems. Mediation and reconciliation are both ways for both parties to solve problems through consultation. However, mediation is a way to conduct mediation with the support or witness of an independent third party. The court or arbitration institution, as a third party, will preside over the fault and procedure of mediation. After both parties reach a consistent opinion, the court will issue a mediation agreement.

3. Arbitration.

Not all cases can be arbitrated. For cases involving property interests, such as Labor dispute The case may be submitted to arbitration. Therefore, Personal debt Arbitration can also be used for the treatment of litigation Its cost is much lower and its confidentiality is strong.

4. Litigation.

Commonly known as litigation Litigate That is to say, both parties solve the dispute through litigation procedures. Refers to the judge for judgment and discretion, and adopts the judgment made by the court judgment To handle debts. Although the time of litigation is relatively long, the enforcement is guaranteed by the force of the court.

5、 Enforcement 。

After the court makes a judgment, if the debtor refuses to perform its obligations, the creditor may, according to the judgment, apply to the court for compulsory execution, request an order of payment or forcibly distrain and allocate the property of the person subjected to execution.

6. Pre litigation preservation or Litigation preservation 。

In order to prevent the debtor from selling his property to escape the debt, the creditor can conduct pre litigation before litigation Property preservation The debtor's property shall be frozen in advance to ensure that there is enough property for execution.

2、 What are the conditions for applying for compulsory execution if you do not repay the arrears

(1) The legal document applied for execution must have come into force;

(2) The legal document applied for enforcement has executable content;

(3) The person applying for enforcement must be the obligee or successor of rights as stipulated in the legal document;

(4) The obligor fails to perform its obligations on schedule;

(5) Belonging to the enforcement court have jurisdiction over 。

3、 Non payment of arrears is listed as Dishonest executor What are the restrictions

After being restricted from high consumption, the following acts of paying fees with their property are not allowed:

（1） When taking transportation, choose the plane, train soft berth, ship second-class or above;

（2） High consumption in hotels, hotels, golf courses and other places above star level;

（3） Purchase of real estate or new, expanded or high-grade decorated houses;

（4） Rent high-end office buildings, hotels, apartments and other places for office work;

（5） Purchase of vehicles not necessary for operation;

（6） Tourism and vacation;

（7） Children attend high fee private schools;

（8） Pay high premiums to buy insurance and wealth management products;

（9） Other high consumption behaviors that are not necessary for life and work.

4、 Where to sue if you still owe money

1. If both parties have agreed on a court of jurisdiction, they can bring a lawsuit to the agreed court.

If on Loan contract If there is an agreement on jurisdiction in, the agreed court can exercise jurisdiction.

However, not all courts agreed in the loan contract can have jurisdiction, and only those selected within the scope of the law Agreed jurisdiction Is valid.

The parties to the loan and debit may agree in the contract that the people's courts in the following places shall be the competent courts:

(1) Domicile of the defendant (domicile of the defendant);

(2) The plaintiff's domicile (the plaintiff's domicile);

(3) Place of signing the contract (where the loan contract is signed, if the place of signing agreed in the contract is inconsistent with the actual place of signing, the agreed place of signing shall prevail);

(4) Contract performance Place (where the loan is actually delivered);

(5) People's courts in other places that have actual connection with the dispute.

2. There is no agreement or unclear agreement between the two parties.

(1) A civil action brought against a citizen shall be under the jurisdiction of the people's court in the place where the defendant has his domicile; If the defendant's domicile is different from his habitual residence, it shall be under the jurisdiction of the people's court in the place of his habitual residence.

(2) A lawsuit brought against a company or any other institution shall be under the jurisdiction of the people's court in the place where the defendant is domiciled; If there are many defendants, you can choose the people's court of any defendant's residence or habitual residence to sue.

(3) As the party accepting monetary repayment, the court where the plaintiff is located also has Jurisdiction , that is, the place where the plaintiff is located (habitual residence, domicile) can be regarded as the place where the contract is performed.

If others do not repay the arrears, the lender may negotiate with them first. If the negotiation fails, the lender may apply for arbitration or directly file a lawsuit. The above is mainly about How to solve the problem of others' arrears Made an introduction. For the questions in the above article, if you still don't know what you need to know, you can directly click the "Ask Now" button below and lawyer Communicate online.