What are the principles and techniques of personal debt recovery? Could you please give me some advi

Updated on society 2024-03-05
3 answers
  1. Anonymous users2024-02-06

    Personal debt collection must not involve violent crimes in the first place, and violent crimes are not only physical contact, but also excessive language can also constitute violent crimes. If it is a normal private loan, it is recommended to go through legal procedures.

  2. Anonymous users2024-02-05

    Personal debt collection now has more advantages than disadvantages! It is difficult for dishonest people to move an inch! Unless it's bankrupt! You'll have to resort to the law!

  3. Anonymous users2024-02-04

    1. Legal Remedies Article 224 of China's Civil Procedure Law stipulates as follows: "The parties must perform on legally effective civil judgments and rulings. If one party refuses to perform, the other party may apply to the people's court for enforcement."

    This paragraph is the legal basis for the applicant to apply to the People's Court for compulsory enforcement in accordance with the law. After the judgment of the people's court, if the debtor still does not repay the loan, you can apply to the court for enforcement, and the court may take the following compulsory measures to enforce it in accordance with the law, and even refuse to enforce the judgment and ruling of the court to punish him:

    1. Have the right to freeze and transfer the deposits of the person subject to enforcement.

    2. Have the right to seal, seize, freeze, auction, or sell part of the property that the person subject to enforcement shall perform its obligations.

    3. Where assets are concealed, the people's court has the right to issue a search warrant to search the person subject to enforcement and his residence or place where the property is hidden.

    4. Compel the person subject to enforcement to pay double the interest on the debt or the penalty for the delay in performance.

    5. If the creditor finds that the person subject to enforcement has other property, it may also request the people's court to enforce it at any time.

    6. Where the subject of the application refuses to perform on an effective judgment or ruling, the people's court may impose a fine or detention on the basis of the severity of the circumstances.

    7. If the applicant refuses to perform on the effective judgment or ruling, and the circumstances are serious and constitute a crime, he shall be investigated for criminal responsibility in accordance with law, which is the so-called "crime of refusing to execute the judgment or ruling of the court".

    2. If the debtor fails to repay the debts by means of private relief, the creditor can only file a lawsuit with the court to compel the debtor to repay the debts in a lawful manner. Under normal circumstances, creditors cannot directly exercise their coercive powers, including the seizure of property. However, this is not an absolute one, and the creditor can seize the debtor's property if the law permits.

    Creditors are allowed to seize property in the following two cases:

    1. If one party takes possession of the property of the other party as agreed in the contract, and the other party fails to pay the amount payable in accordance with the contract for more than the agreed period, the person in possession has the right to seize the property of the debtor.

    2. When the debtor or a third party provides certain property as a guarantee for the debtor's performance of the debt, and the debtor fails to perform the debt, the creditor can seize the collateral and realize its own creditor's rights with priority in the value of the collateral. For example, if A borrows 1,000 yuan as collateral for a farming cow and fails to repay it when due, the creditor can seize the farming cattle to urge A to repay the debt, or sell the cattle according to law to realize his rights, or he can make the farming cattle discount to himself, and the balance can be refunded. This is the right of mortgage in civil law.

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