I m going to collect what I owe, what do I say?

Updated on society 2024-04-16
10 answers
  1. Anonymous users2024-02-07

    If the other party is in arrears for a long time, attention should be paid to preserving the evidence of asserting rights, such as letting the other party sign and seal the IOU or use audio recording and sending messages to preserve the evidence, so as to prevent the statute of limitations from being exceeded, and it is also convenient to win the lawsuit in the future.

  2. Anonymous users2024-02-06

    1. At the same time, before filing a lawsuit, in order to determine the execution of the judgment in the future and the realization of the creditor's rights, the creditor can apply to the people's court for property preservation at the same time as the lawsuit.

    2. After the debtor receives the payment order issued by the court and fails to pay off the debt, and at the same time stipulates that the creditor may apply to the people's court for compulsory enforcement without submitting a written objection to the people's court.

    3. There are several ways to collect debts, and the way to settle arrears needs to be decided according to different situations. The most common ones such as negotiation, mediation, sanctions, litigation are some of these methods. A special reminder is the correct understanding of the lawsuit.

    For the debtor, if it cannot be resolved through negotiation, it will think of sueing. In fact, it is not simple, and the lawsuit must go through cumbersome procedures such as case filing, **, and judgment.

    4. There is also a slightly simpler way, to apply to the court for an application for a payment order, one of the ways to recover the arrears more quickly and effectively, to learn more about what is an application for a payment order. As long as there is no other debt dispute between the creditor and the debtor, the application for a payment order can be sent to the debtor.

    5. What are the issues that need to be paid attention to in the litigation debt collection, if the application for payment order does not work, then we should prepare the evidence before the lawsuit. Such as IOUs, IOUs, contracts, and so on. If you cannot collect evidence on your own, you can apply to the court for investigation and collection.

    6. There should be no negligence in litigation, there are many people who are negligent in litigation and cause litigation failure, which is very serious. Arrears disputes, litigation is very important, if the creditor does not file a lawsuit when not asserting their rights, will lose the right to sue, the relevant provisions of China's law, the statute of limitations for arrears disputes is two years, from the date when the creditor knows that the right is infringed.

    7. If the time for litigation has exceeded and no rights are asserted, it is not recommended that the creditor blindly sue and should seek professional guidance and take remedial measures as much as possible, such as the debtor renegotiating the debt repayment agreement.

  3. Anonymous users2024-02-05

    What kind of arrears do you have to look at, and what is the specific situation of the debtor?

  4. Anonymous users2024-02-04

    Recovery methods for personal debts: 1. The creditor can directly take the initiative to negotiate with the debtor and require the debtor to fulfill the repayment obligation; 2. Invite a third party to be an intermediary to mediate between the two parties; 3. The creditor can also choose to file a lawsuit with the court, and after the court investigation, both parties present evidence and cross-examine the evidence, the court of the first omission can make a judgment according to law according to the facts that have been verified. After accepting the application, the people's court shall, after examining the facts and evidence provided by the creditor, issue a payment order to the debtor within 15 days from the date of acceptance if the creditor-debtor relationship is clear and legal; If the application is not sustained, a ruling shall be made to reject it.

    The debtor shall pay off the debts within 10 days from the date of receipt of the payment order, or submit a written objection to the people's court. If the debtor does not raise an objection within the period specified in the preceding paragraph and fails to perform the payment order, the creditor may apply to the people's court for enforcement.

    Article 216 of the Civil Procedure Law of the People's Republic of China: After accepting the application, the people's court shall, after examining the facts and evidence provided by the creditor, issue a payment order to the debtor within 15 days from the date of acceptance if the creditor's rights and debts are clear and legal; If the application is not sustained, a ruling shall be made to reject it. The debtor shall pay off the debt within 15 days from the date of receipt of the payment order, or submit a written objection to the people's court. If the debtor does not raise an objection and fails to perform the payment order within the period specified in the preceding paragraph, the creditor may apply to the people's court for enforcement.

  5. Anonymous users2024-02-03

    The steps to recover the arrears should first be to negotiate amicably with the debtor, and try to obtain the debtor's repayment or relax the conditions to reach a repayment agreement during the negotiation process. If the negotiation fails, the court can also apply to the court for a payment order if the conditions are met. If the debtor has an objection, he can file a lawsuit in court.

    [Legal basis].

    Article 214 of the Civil Procedure Law: 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.

    Article 242:Where a person who is being watched fails to perform the obligations set forth in the legal documents in accordance with the enforcement notice, the people's court has the right to inquire about the property of the person subject to enforcement, such as deposits, bonds, shares, etc., from the relevant units. The people's court has the right to seize, freeze, transfer, or sell the property of the person subject to enforcement according to different circumstances. People's courts must not inquire about, seize, freeze, transfer, or sell property beyond the scope of the obligations that the person subject to enforcement shall perform.

  6. Anonymous users2024-02-02

    Collect debts through legal means: If the debt was obtained through formal channels (such as signing a contract or agreement), then you can seek legal help to recover the amount owed. This usually requires hiring a lawyer or referring the case to the relevant authorities so that the legal system can step in.

    Try to negotiate a solution: Sometimes, a borrower may not be able to repay their debt due to some personal reasons. In this case, you can try to negotiate with the borrower to find a solution, such as paying in installments or renegotiating a payment plan.

    Seek help from a third party: If the borrower is unwilling to communicate with you or refuses to make repayments, you may consider seeking help from a third party. For example, you can ask a debt collection agency to assist you in recovering your debts, or report the borrower's creditworthiness to a credit rating agency to affect the borrower's credit score.

    Whichever way you choose to treat it, you should remain calm and sensible. Try to avoid using sedan credibility or threats, as this may lead to worse consequences for a closed wheel.

  7. Anonymous users2024-02-01

    It's a real headache to not pay back the money you owe, but I think you need to take into account the specific situation and context when dealing with this situation. Here are some of my personal recommendations:

    First, Zhimin Qipai will communicate with the debtor: after the debtor defaults, you can first try to directly communicate with him and others to solve the problem, understand the specific situation, and propose a repayment plan. Communication can be done by email, email, or face-to-face.

    In the process of communication, pay attention to words and attitudes, try to remain calm and objective, and avoid intensifying conflicts.

    The second is to seek legal aid: if direct communication is unsuccessful, you may consider seeking legal aid. Collecting arrears through legal means requires the support of lawyers and relevant evidence, as well as a certain amount of time and expense.

    Before taking legal action, it is necessary to assess the debtor's ability to repay and the background, as well as the costs and risks of recovery.

    The third is to entrust a third-party agency: you can consider entrusting the arrears to a third-party agency for processing, such as a collection company, a law firm, etc. These agencies have the professional collection experience and resources to collect arrears more effectively.

    However, you need to pay attention to choosing a formal and legal institution to avoid being deceived.

    Whatever the method you take, you need to remain calm and patient, abide by the law, and protect your rights and interests reasonably. At the same time, it is also necessary to try to avoid conflicts with the debtors or other unnecessary troubles.

  8. Anonymous users2024-01-31

    1.Continue to collect arrears: You can continue to collect arrears from the debtor through **, email, text message, etc., or solve the problem of arrears through legal means.

    2.Settlement: You can negotiate with the debtor to resolve the arrears and seek a mutually acceptable solution.

    Waiver of recovery: Some people may choose to give up.

    3.Collect the amount you owe, especially if the amount owed is small or you don't want to dwell on it too much for personal reasons.

    4.Do a good job of risk prevention measures: For those who may owe money, you can take risk prevention measures in advance, such as signing a contract, taking advance payments, etc., to reduce the risk of arrears.

    Either way, you should deal with the problem rationally, stay calm and avoid emotional behavior or over-the-top rhetoric. At the same time, if the problem of arrears involves legal disputes, you should seek professional legal help and comply with legal procedures.

  9. Anonymous users2024-01-30

    To recover what you owe, there are a few steps to consider:

    2.Reminder: If the debtor fails to repay on time, you can contact the debtor through ** or other means to urge him to repay the loan as soon as possible. During the dunning process, be polite and calm and avoid using sensitive words or personal attacks.

    3.Send a lawyer's letter: If none of the above methods can prompt the debtor to repay the loan, you can ask a lawyer to draft a lawyer's letter on your behalf and mail it to the debtor to warn him that he must repay the loan as soon as possible and explain the consequences of taking legal measures.

    4.Sue the debtor: If the debtor still refuses to make the payment, you can sue the debtor through legal channels.

    The first step is to gather evidence, including arrears contracts, transfer records, and so on. Then ask a lawyer who is suitable for Sanqin to represent you in the lawsuit and get the legal judgment and enforcement of the debtor as soon as possible.

    It should be noted that the recovery of arrears is a complex task that needs to be handled carefully, and it is recommended to choose a professional institution or lawyer to handle it on your behalf. There are a few other ways to recover what you owe:

    5.Settlement agreement: In the litigation process, a settlement agreement can be reached with the debtor, that is, the debtor agrees to repay the loan in some way and signs the corresponding agreement. This approach usually avoids long-term legal disputes and satisfies the interests of both parties.

    6.Entrust a third party: If you don't want to handle the collection of your arrears yourself, you can entrust a professional collection agency or lawyer to handle it on your behalf.

    These agencies usually have the experience and expertise to prompt the debtor to repay the loan as quickly as possible, while also protecting your legitimate rights and interests.

    7.Asset traceability: If the debtor has absconded or escaped, you can consider recovering the arrears through asset traceability.

    This method usually requires hiring a professional agency to investigate and trace in order to identify the assets and property of the debtor, and then recover the arrears through legal channels.

    In conclusion, collecting money owed is a tedious task that requires patience and perseverance. In the process of dealing with arrears, it is necessary to take appropriate measures according to the specific situation and avoid using overly drastic or inappropriate means to avoid unnecessary troubles and losses.

  10. Anonymous users2024-01-29

    If an individual recovers a debt from a debtor, it is best to adopt legal means to recover the debt, and the debt can be collected by conciliating with the debtor, mediation, applying for arbitration, applying for a payment order, etc.

    Article 667 of the Civil Code [Definition of Loan Contract] A loan contract is a contract in which the borrower borrows money from the lender and returns the loan and pays interest when due.

    Article 668: [Form and Content of Loan Contracts] Loan contracts shall be in written form, except where there is an agreement between natural persons to borrow money and disturb the gods.

    The content of the loan contract generally includes the type of loan, currency, purpose, amount, interest rate, term and repayment method.

    Article 675: [Time Limit for Borrower to Return Loan] The borrower shall return the loan within the agreed time limit. Where there is no agreement on the term of the loan or the agreement is not clear, and it is still uncertain in accordance with the provisions of Article 510 of this Law, the borrower may return it at any time; The lender may demand the borrower to return it within a reasonable period of time.

    Article 676: [Borrower's Responsibility for Overdue Return of Loans] Where the borrower fails to repay the loan within the agreed time limit, the borrower shall pay overdue interest in accordance with the agreement or relevant state regulations.

    Article 677: [Borrower's Early Return of Loans] Where a borrower returns a loan in advance, interest shall be calculated according to the actual period of the loan, unless otherwise agreed by the parties.

    Article 678 [Loan Extension] The borrower may apply to the lender for an extension before the expiration of the repayment period; If the lender agrees, it can be extended.

    Article 679: [Time of Establishment of Loan Contracts between Natural Persons] Loan contracts between natural persons shall be formed when the lender provides the loan at a deferred loss.

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