Ask about legal questions! Debt recovery.

As long as you find someone who does not break the law in the process of asking for money, such as not illegally detaining your debtor, then you are not legally responsible. In order to protect its legal rights, the debtor can take two ways: public remedies and private remedies.

The way through litigation is public remedy, and you yourself are private remedy. The civil law stipulates the ** system, and you, as the **person, can entrust the **person to act on your behalf, which is legal. It's a legal act for you to ask someone to ask you for money.

But I want to remind you that you must not break the law when asking for money for the ** person you entrust, such as injuring someone, then you will be responsible for all the responsibility, not joint and several liability, but all. Legal Counsel of Shandong University.

At most, it belongs to the main culprit? It's an instigator, right?

I want to ask, what are you going to do when you apply to enforce someone else's ??? You should apply for the preservation of his property and the enforcement of his property, right? If you don't believe in the judiciary, you should have found a member of the public earlier, right?

Why are you doing it and finding someone? In this way, you will mess yourself up, and it will be very troublesome if you don't handle it well on both sides, especially when it comes to finding someone, you say that if something happens to him. Later you compensate or not.

You have to think about it.

It's messy. It is easy to please God, but it is difficult to send God.

You are jointly and severally liable: civil compensation, and if it is a criminal offense, then you are the principal offender.

Most of these cases end up being dragged into the water.

If you don't have specific instructions, of course you are not committing a crime. But these social workers are not very safe, and sometimes you will be dragged into the water, for example, if the other party takes the initiative to compensate you, they may come to you to collect payment.

If you instruct him to commit an offence, you will be liable for whatever law he violates, whether civil or criminal. It's better to stare at him secretly and watch him transfer to **.

The creditor's debt can be recovered, but if the creditor is truly unable to repay the debt and has no property to enforce, the debt cannot be recovered for the time being. The following methods can be taken in debt recovery:

1. The creditor directly files a lawsuit with the court to demand repayment from the debtor. Since the judgment of the court is enforceable, if the debt is not repaid after the trial judgment, the creditor can apply for enforcement.

2. The creditor applies to the court for a payment order. The payment order is a legal document issued by the people's court to the debtor to pay money or valuable within a time limit in accordance with the supervision procedures stipulated in the Civil Procedure Law and according to the application of the creditor.

Legal basis] Article 236 of the Civil Procedure Law, 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. The parties must perform the mediation document and other legal documents that shall be enforced by the people's courts.

If one party refuses to perform, the other party may apply to the people's court for enforcement.

1. If the factory is a corporate legal person, it can sue the company for repayment, and if the company is insolvent, it can apply for bankruptcy liquidation of the company.

2. If the factory is not a corporate legal person, it can apply for property preservation of the borrower's private property and sue the borrower.

There are several ways to collect debts:

1. Reconciliation method.

2. Mediation Law.

3. Arbitration Law.

4. Procedural Law.

5. Application for Payment Order Law.

6. Apply for the law of prior enforcement.

7. Apply for compulsory enforcement of the notary law. On the basis of the application of the parties, the notary public shall notarize the documents of the creditor's rights and give them enforcement effect in accordance with the law if they find that there is no doubt about the documents for the recovery of debts and goods after examination and verification.

8. Priority of compensation law. According to the provisions of the Security Law of the People's Republic of China, the debtor or a third party may provide the creditor with a mortgage or pledge of immovable property or movable property as a guarantee for the performance of the debt, and when the debtor fails to perform the debt, the creditor has the right to be repaid in priority in accordance with the law by discounting the mortgaged or pledged property or by auctioning or selling the property.

9. The law of the guarantor's priority right of recovery. The guarantor has the right to request repayment from the debtor after assuming the guarantee liability.

10. Subrogation method. The creditor's right of subrogation is, in layman's terms, the right of the creditor to exercise the debtor's rights in his own name.

Generally speaking, if there is only a contract, it will start from two aspects, the first is to prove that the contract is valid, apply for note appraisal, and if the appraisal result cannot be proved. Then it is necessary to collect whether the company's ** person has ever used similar signatures to sign legal and valid documents, such evidence can be used as key evidence, and there is no other way, so it is recommended to mediate. Second, the validity of the contract is to be determined, but the parties have performed their main duties in accordance with the contract, and the other party has accepted it in a disregardive manner, and the contract can be established, which requires your specific case to be able to come up with the receipt, inspection form, transportation documents and other bills directly pointing to the other party's company.

In addition, there are other methods that can be used to circumvent the court to negotiate to obtain audio or video recordings, and to record audio recordings of the parties acknowledging the contract or explicitly indicating that they have not signed the contract, which can be used as the main evidence.

The comprehensive use of the above methods may still be saved.

This case is very difficult, and a handwriting evaluation should be applied for first.

The parties may file a civil lawsuit to protect their rights and request the court to order the other party to bear the corresponding liability for payment.

1. When a party initiates a lawsuit, it shall first submit a statement of indictment and submit a corresponding number of copies according to the number of opposing parties. If the parties are citizens, the names, genders, ages, places of origin, and addresses of both parties shall be indicated; If the party is a unit, the name and address of the unit, and the name of the legal representative or responsible person shall be clearly indicated. The body of the indictment shall clearly state the matters requested, the facts and reasons for the indictment, and the end must be signed or affixed with an official seal.

2. Basis"Whoever asserts is the one who gives evidence"In principle, the plaintiff shall submit the following materials to the court:

1. Materials on the plaintiff's subject qualifications. Such as the original and photocopy of resident ID card, household registration booklet, passport, home return permit for Hong Kong and Macao compatriots, marriage certificate and other evidence; If the enterprise unit is the plaintiff, it shall submit copies of the business license, business registration certificate and other materials.

2. Evidence to prove the plaintiff's claim. Such as contracts, agreements, creditor's rights documents (IOUs, IOUs, etc.), receipts and delivery vouchers, correspondence, etc.

3. When a party submits documentary evidence to the court, it shall fill out a list of evidence in duplicate, listing in detail the name and number of pages of the evidence submitted. After the evidence has been verified by the court's undertaker, the undertaker is to sign and seal the evidence list, and one copy is to be handed over to the parties and one is to be recorded.

IV. Within 7 days after the parties have completed the necessary formalities and submitted all relevant evidentiary materials, the case filing division shall handle the case filing formalities for those who meet the requirements for case filing; Where the requirements for filing a case are not met, a ruling is made in accordance with law not to accept it.

5. The parties shall pay the case acceptance fee and other litigation fees in advance within 7 days from the date of receipt of the notice of acceptance, and if there are real difficulties, they may submit a written application to this court for reduction, deferment or exemption within the prepayment period.

6. After the case filing formalities, the case shall be scheduled by the court**, and the parties shall obey the various work arrangements of the court, and settle the litigation costs in the financial office after the case is concluded, and refund the excess and make up for the deficiency.

The parties have the responsibility to provide evidence for their own claims, and under normal circumstances, the following evidence should be provided to the court for debt disputes;

1. Proof of identity;

2. Proof of the existence of debts (contracts, receipts, IOUs, arrears, agreements, letters, telegrams, etc.);

3. Evidence of the debtor's repayment of arrears and interest;

4. Interest calculation method, start and end time, basis;

5. Proof of guarantee or mortgage and proof of debt transfer;

6. Where pre-litigation property preservation or property preservation is requested, provide the location and quantity of the property that can be preserved, as well as the bank deposit bank and account;

7. The debtor's family members;

8. Supporting materials that can prove all or part of the facts of the case;

9. Witnesses applying to appear in court to testify shall submit an application. The above evidence must be presented in original form when it is in court**.

10. If it is not possible to collect evidence related to the case on its own due to objective reasons, it may apply to the court to investigate and collect evidence.