What should I do if the shareholder writes an IOU to someone else, and the creditor withholds my mon

Equity disputes between shareholders within the debtor's company and creditor's rights and debts disputes between the company as a debtor and you as a creditor are two legal relationships, you correspond to this company, and you want to claim the creditor's rights to this company, no matter how the company's internal equity is divided and confirmed, and ultimately bear the responsibility of paying debts with all the company's own property. Under normal circumstances, the two lawsuits will not have any substantial impact on each other. Even if the equity dispute is still being heard, it will not affect your claim for your rights.

If you are in a hurry, you can sue normally at any time on the grounds of creditor's rights disputes, and if you win, you can naturally apply for enforcement of the company's property according to the effective judgment. When you ask to list legal provisions, you can only tell you that what you need is a legal provision involving creditor's rights and debts, and your lawsuit is not the same thing as a lawsuit over equity disputes. In terms of legal theory, it is the "principle of privity of contract", that is, it is the company that has a contractual relationship with you, not the shareholders of the company, so the disputes between shareholders have nothing to do with you, and the disputes between you and the company do not involve shareholders.

How to try and how to judge. You just need to sue, adjudicate, and apply for enforcement in accordance with normal legal procedures. As for how the defendant company will share the liability among its shareholders after fulfilling its obligations to you, that is their business.

In conclusion, disputes between debtor shareholders will not affect your litigation rights and substantive rights as a creditor of the company. You can prepare an indictment based on the evidence you have such as IOUs and contracts that can prove that the defendant owes you money, and go directly to the court to file a lawsuit. As for the specific legal provisions, basically contract law and general principles of civil law are sufficient.

If your evidence is complete, you can also explain what happened clearly, casually search for how the indictment is written, and then take the relevant identification materials to the court to sue directly, and there is no need to ask a lawyer. Because of general creditor's rights and debts disputes, as long as the evidence is clear, the lawsuit is easy to fight. Nothing technical.

It is enough to prepare the prosecution materials, and submit the original evidence to the judge when ** is in place, explaining what happened. As for the defendant, it is the debtor company that owes you money, remember, not its shareholders, nor the courts. It's the company that owes you money, not its shareholders or the courts.

The contractual relationship between you and the debtor takes place. Don't be wrong. When you sue, it depends on whether you have signed a contract, if there is a contract, see whether the jurisdiction is agreed, and if there is no agreement on which court to sue, you can directly go to the court where the debtor is domiciled to sue.

Generally, it is the basic court of the place where the debtor is registered for industry and commerce.

What should I do if the shareholder writes an IOU to someone else, and the creditor withholds my money

I'm a lawyer, and as far as you say, it's not reasonable.

Summary. Contract Law of the People's Republic of China

Article 84 Where the debtor transfers all or part of the obligations under the contract to a third party, it shall obtain the consent of the creditor.

Article 85 Where the debtor transfers its obligations, the new debtor may assert the original debtor's defense against the creditor.

Article 86 Where the debtor transfers obligations, the new debtor shall assume the subordinate debts related to the principal debt, except that the subordinate debts are exclusive to the original debtor.

If the company owes money, is it considered a personal debt for the shareholders to give money to the creditors?

Hello, I'm glad to answer for you, I'm a parenting instructor Mr. He, your questions will be ordered by me, it will take a while to sort out the answers, please be patient for 5 minutes

Hello, the company's debt can be declared as a personal debt, as long as the company transfers the debt to the individual, it will become a personal debt, but the debt is converted and the consent of the creditor is required.

Article 84 of the Contract Law of the People's Republic of China Where the debtor transfers all or part of the obligations of the contract to the third banquet hail courtier, it shall be subject to the consent of the creditor. Article 85 Where the debtor transfers its obligations, the new debtor may assert the original debtor's defense against the creditor. Article 86 Where the debtor transfers its obligations, the new debtor shall bear the subordinate debts related to the principal debt, except that the subordinate debts are exclusive to the original debtor.

If the company owes money, is it considered a personal debt for the shareholders to give money to the creditors?

Although the property of the company comes from the investment of the shareholders, once the shareholders put the property into the company, it is separated from the property, and these properties become the property of the Gongzhou Stupid Division and are at the disposal of the company. When the company bears debts, the creditors can only demand repayment from the company, and the shareholders are no longer liable for the company's debts because the corresponding property has been converted into the company's property because the shareholders have paid the capital contributions. Similarly, when a shareholder is liable, the creditor register cannot hold the company liable for the shareholder's debt.

Summary. Hello, you owe money to others, and the company has no right to deduct your wages. It is illegal for an employer to unilaterally deduct an employee's wages.

According to the relevant laws of China, if the party owes money and does not repay it, after the creditor files a lawsuit with the court, the court may enforce the debtor's salary and let the employer deduct it when paying the salary. The employer shall not deduct the employee's wages. <>

I owe money to others, and the company has the right to deduct my wages.

Hello, you owe money to others, and the company has no right to deduct your salary. The unilateral deduction of the wages of the employee by the employer is an illegal act of only registering. According to the relevant laws of China, if the party owes money and does not repay it, after the creditor files a lawsuit with the court, the court may enforce the debtor's salary and let the employer deduct it when paying the salary.

The employer shall not deduct the employee's wages. <>

What to do if you deduct it.

Hello, the deduction method is as follows: 1. Negotiate with the company and come up with a clear salary calculation and relevant roll-off regulations to prove your claim. 2. Complain and report to the labor and social security department.

You can file a complaint with the local labor station and the labor inspection brigade of the Human Resources and Social Security Bureau to reflect the employer's salary deduction. 3. If the situation fails to be resolved by the above methods, it shall apply to the labor arbitration department for labor arbitration. Collect evidence of wage deductions.

Summary. Hello dear, if you owe money to others, the company has no right to deduct my wages, and the employer shall not deduct the wages of the workers, and only the wages can be deducted if they cause economic losses to the company.

Hello dear, if you owe money to others, the company has no right to deduct my wages, and the employer shall not deduct the wages of the workers.

Hello, the company can advise the customer to go through the legal process, if the court decides that the employee needs to be repaid and the court enforcement process is passed, the court can require the company to deduct the employee's salary and repay the repayment.

Hello, if the relevant regulations are met, the company can deduct wages without the permission of the employee.

I don't owe money to the company.

Hello dear, if you owe money not to the company, or the money of colleagues in the company, the company has no right to deduct it from your salary.

What if he says, I owe money to someone else's company, and he has shares in that company?

Hello dear, your salary belongs to your personal property, others have no right to dispose of it directly, and the chaos is directly deducted from the salary to others, if it is deducted, you can apply for labor arbitration and ask for back wages.

I complained, will the company I owe money to join him in suing me?

Hello, dear, no. They don't have any right to stop you from suing you, because you don't owe money to their company, and the person you owe money is not from your public and simple bureau transportation department, even if he has shares, he has no right to deduct your salary.

If the seal of the branch office or the special financial seal is affixed, it is an act of acting on behalf of the company, and the branch and head office can be sued. If the branch manager writes the debt in the name of the individual, and only signs the individual's name, it is regarded as an individual debt, although it is due to the company but there is no company's seal to confirm it, the individual can only be sued, and the lawsuit against the company will not be accepted if the legal theory does not exist.

Sue together, the verbal promise also has legal significance, and the person in charge of the branch also sues together.

First of all; Whether a shareholder's private loan using the official seal of the unit constitutes embezzlement of duties needs to be judged based on the following circumstances:

1. If the unit needs to bear the responsibility for repayment of the loan due to the shareholder's act of privately affixing the official seal of the unit, it may be determined that it constitutes embezzlement.

2. If the shareholder's act of privately stamping the official seal of the unit is determined to be invalid by the court or other competent authority, and the unit does not need to bear the responsibility of repayment, it does not constitute embezzlement.

The IOU made by the company has an official seal, a financial seal, and a legal person seal, and the company can not recognize it if it is not. You don't have any evidence of personal borrowing.