Personal Debt Disputes 5, Personal Debt Disputes

Collect the person's property information, including bank accounts, real estate, etc., and then sue directly to the court, if there is a guarantor, you can also sue the guarantor to repay, foreigners need to provide a one-year residence certificate in Shanghai, you can entrust a lawyer to collect relevant evidence and information on your behalf, in view of the insufficient description of your description, it is recommended to bring relevant materials to the interview, more questions welcome to log in Shanghai Li Junqiao lawyer**.

Legal Analysis: The solutions to personal debt disputes include negotiation, mediation, arbitration and litigation.

Legal basis: Article 188 of the Civil Code of the People's Republic of China provides that the statute of limitations for requesting protection of civil rights from a people's court is three years. Where the law provides otherwise, follow those provisions.

The limitation period is calculated from the date on which the right holder knows or should know that the right has been damaged and the obligor. Where the law provides otherwise, follow those provisions. However, if more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not grant protection, and where there are special circumstances, the people's courts may decide to extend the rights holder on the basis of the right holder's application.

Ways to Resolve Personal Debt Disputes:

1. Negotiate and settle;

2. Apply for mediation;

3. Apply for arbitration;

4. File a lawsuit with the people's court.

1. How to deal with labor disputes.

In the event of a labor dispute between an employer and an employee, the parties may apply for mediation, arbitration, file a lawsuit in accordance with the law, or resolve it through negotiation. After the occurrence of a labor dispute, the parties may apply to the labor dispute mediation committee of the unit for mediation; If mediation fails, and one of the parties requests arbitration, it may apply to the labor dispute arbitration commission for arbitration. One of the parties may also apply directly to the Labor Dispute Arbitration Commission for arbitration.

If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court. If a party to a labor dispute is dissatisfied with the arbitral award, it may file a lawsuit with the people's court within 15 days from the date of receipt of the arbitral award. If one party does not file a lawsuit and fails to perform the arbitral award within the statutory time limit, the other party may apply to the people's court for compulsory enforcement.

2. How to deal with disputes over compensation for homestead relocation in rural areas.

The handling of disputes over compensation for the relocation of rural homestead houses is as follows:

1. Through negotiation, the two parties can resolve the dispute due to the compensation for the relocation of rural homestead houses through negotiation;

2. Mediation, resolving disputes through mediation by the village committee;

3. In arbitration, if the parties are unwilling to negotiate or mediate, or if the negotiation or mediation fails, they may apply to the arbitration institution for arbitration;

4. Litigation: Directly file a lawsuit with the people's court according to the content of the dispute.

3. Can an employee apply for labor arbitration?

When there is a labor dispute, the employee can apply for labor arbitration. Article 77 of the Labor Law provides that if a labor dispute arises between an employer and an employee, the parties may apply for mediation, arbitration, file a lawsuit, or resolve it through negotiation in accordance with the law. The principles of conciliation apply to both arbitration and litigation proceedings.

Article 79 After a labor dispute occurs, the parties may apply to the labor dispute mediation committee of the unit for mediation; If one of the parties requests arbitration, it may apply to the Labor Dispute Arbitration Commission for arbitration. One of the parties may also apply directly to the Labor Dispute Arbitration Commission for arbitration. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

Article 214 of the Civil Procedure Law stipulates that if a creditor requests the debtor to pay money or valuables, it may apply to the basic people's court with jurisdiction for a payment order if the following conditions are met:

1) The creditor and the debtor have no other debt disputes;

2) The payment order can be served on the debtor.

The application shall clearly state the amount of money or valuable ** requested and the facts and evidence on which it is based.

1. The parties can settle private debt disputes through conciliation or mediation. 2. If the parties are unwilling to settle or mediate, or if the settlement or mediation fails, they may apply to the arbitration institution for arbitration in accordance with the arbitration agreement. The parties to a foreign-related contract may apply to a Chinese arbitration institution or other arbitration institution for arbitration in accordance with the arbitration agreement.

3. If the parties have not concluded an arbitration agreement or the arbitration agreement is invalid, they may file a lawsuit with the people's court. Legal basis: Article 118 of the Civil Code of the People's Republic of China Civil subjects enjoy creditor's rights in accordance with law.

A creditor's right is the right of the obligee to request a specific obligor to do or not to do a certain act due to contract, tort, management without cause, unjust enrichment and other provisions of the law. Article 120:Where civil rights and interests are infringed upon, the infringed party has the right to request that the infringer bear tort liability. Article 307 In the case of creditor's rights and debts arising from jointly owned immovable or movable property, the co-owners enjoy joint and several creditor's rights and bear joint and several debts in their external relations, except as otherwise provided by law or where the third party knows that the co-owners do not have joint creditor's rights and debts; In terms of the internal relationship of the co-owners, unless otherwise agreed by the co-owners, the co-owners shall enjoy the creditor's rights and bear the debts according to their shares, and the co-owners shall jointly enjoy the creditor's rights and bear the debts.

A co-owner who repays debts in excess of his share shall have the right to recover from the other co-owners.

Legal Analysis: Personal debt disputes can be resolved through negotiation, third-party mediation, arbitration or litigation. The provisions of this Law apply to the people's courts accepting civil lawsuits brought by citizens, legal persons, other organizations, and between them on the basis of property and personal relationships.

In hearing civil cases, the people's courts shall, on the basis of the principle of the parties' voluntariness and on the basis of clear facts, distinguish right from wrong and conduct mediation. Contract disputes and other disputes over property rights and interests between citizens, legal persons, and other organizations that are equal subjects may be arbitrated.

Legal basis: Civil Procedure Law of the People's Republic of China

Article 3: The provisions of this Law apply to people's courts' acceptance of civil litigation raised between citizens, legal persons, other organizations, and between them on the basis of property and personal relationships.

Article 93: People's courts hearing civil cases are to distinguish right from wrong and conduct mediation on the basis of the parties' voluntariness and on the basis of clear facts.

Article 2 of the Arbitration Law of the People's Republic of China Contract disputes and other disputes over property rights and interests between citizens, legal persons and other organizations that are equal subjects may be arbitrated.

For personal debt disputes, the parties may file a lawsuit directly with the people's court after preparing the complaint and evidence. The plaintiff, generally referring to the creditor, must collect evidence that can show the existence of a creditor-debtor relationship between the two parties before filing a lawsuit, such as agreements, contracts, delivery notes, bills of lading, ** recordings, etc. For evidence that cannot be collected on its own for objective reasons, it may promptly apply to the people's court for investigation and collection.

At the same time, the creditor may also apply for property preservation in accordance with the law.

[Legal basis].

Article 123 of the Civil Procedure Law: The people's courts shall protect the parties' right to sue in accordance with the provisions of law. Prosecutions that comply with article 119 of this Law must be accepted. Where the requirements for initiating litigation are met, the case shall be filed within 7 days, and the parties shall be notified; where the requirements for initiating litigation are not met, a written ruling shall be made within 7 days and not accepted; Where the plaintiff is not satisfied with the ruling, he may file an appeal.

Article 148:People's courts are to publicly announce judgments in all cases that are tried openly or not. Where the verdict is announced at court, the written judgment shall be sent within 10 days; Where the judgment is periodically announced, the written judgment is to be issued immediately after the judgment is announced. When a judgment is pronounced, the parties must be informed of their right to appeal, the time limit for appeal, and the court in which the appeal will be made.

Hello, personal insolvency method :

Questions. Online loans are overloaded....About 200,000.

1. The debt can be paid in installments with the consent of the creditor. 2. The creditor has the right to apply for compulsory enforcement. Article 236 of the Civil Procedure Law provides that 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, or the adjudicator may transfer it to the enforcer for enforcement. 3. If it is an enterprise, it is necessary to apply for bankruptcy and carry out bankruptcy liquidation. Bankruptcy refers to when all the assets of the debtor are not used to pay off the debts due, the creditor provides all the assets of the debtor for equal compensation through a certain procedure, so that the debtor is exempted from other debts that cannot be discharged, and the court declares bankruptcy and dissolves.

1. How to deal with personal debt disputes.

1.Reconciliation. The way of negotiation and settlement is the simplest and most convenient way to solve the problem, and the creditor and the debtor can negotiate to solve the debt problem, and it is best to sign an agreement such as a repayment agreement to perform the debt according to the way agreed by both parties.

It is also possible to sign a settlement agreement with the mediation and witness of a third party.

2.Conciliation. Mediation is also a way to solve problems, mediation and conciliation are both ways for both parties to negotiate to solve the problem, but mediation is a way of mediation with the support or witness of an independent third party.

3.Arbitration. Arbitration is not applicable to all cases, but arbitration may be used for cases involving property interests, such as labor disputes.

4.Lawsuit. The parties resolve their disputes through the process of litigation. It is left to the judge to judge and decide, and the court will make a judgment to deal with the debt in the manner specified in the judgment. Although the time for litigation is relatively long, there is the coercive power of the court to ensure enforcement.

2. How to sue for personal debt disputes.

1. The creditor submits the complaint, copy and relevant evidence to the court;

2. The court accepts the documents and materials submitted by the plaintiff, reviews them, and files the case if the conditions are met;

3. The court serves a copy of the plaintiff's complaint on the defendant;

4. The defendant makes a written defense;

5. ** trial;

6. The court makes a judgment.