Hurry up and hurry to get in arrears

There are many ways to resolve arrears disputes, such as negotiation, mediation, arbitration and litigation, etc., litigation is only one of the ways, here I would like to focus on the correct understanding of "litigation": for creditors, if negotiation and mediation can not claim arrears, they will think of sueing, but for such disputes, do not simply think that litigation must go through cumbersome procedures such as filing, **, judgment, etc.

In fact, there is also a simple way to apply to the people's court for a payment order, which is one of the effective ways to recover the money owed to the socks. The creditor requests the debtor to pay money and value**, as long as it is met: the creditor and the debtor have no other debt disputes; If the payment order can be served on the debtor, the creditor can apply to the people's court for a payment order.

At the same time, if the debtor fails to pay off the debt within 15 days after receiving the payment order issued by the people's court, or does not submit a written objection to the people's court, the creditor may apply to the people's court for compulsory enforcement. Therefore, if you apply to the civil court for a payment order, if you do it properly, you can receive the best effect of debt recovery in the shortest time.

1. Negotiation method: If others do not repay the money, they can negotiate to repay the loan in installments after the expiration of the agreed repayment period. This method is more convenient, but there is no enforcement warrant.

2. Litigation method: If the creditor cannot reach an agreement, it may file a civil lawsuit with the court with evidence such as ID card, household registration book, complaint, IOU, etc. If the court orders the other party to repay and the other party fails to repay within the performance period specified in the judgment, the creditor may apply to the court that made the judgment for compulsory enforcement within two years from the date of expiration of the performance period of the court judgment.

This method is guaranteed to be executed, but it takes a long time.

3. Payment order: The creditor can also directly apply to the court for a payment order to demand arrears. This method is low-cost, but prone to lapse and then transferred to litigation.

Article 123 of the Civil Procedure Law provides that the people's courts shall guarantee 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 217 of the Civil Procedure Law, after the people's court receives a written objection from the debtor, and after examination, if the objection is sustained, it shall rule to terminate the supervision procedure and the payment order shall become invalid. If the payment order becomes invalid, it shall be transferred to litigation procedures, except where the party applying for the payment order does not agree to initiate a lawsuit.

Article 313 of the Criminal Law, where a people's court has the ability to enforce a judgment or ruling but refuses to do so, and the circumstances are serious, is to be sentenced to up to three years imprisonment, short-term detention or a fine.

Article 242 of the Civil Procedure Law provides that if the person subject to enforcement fails to perform the obligations determined in the legal document 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, **, **, **, and **. The people's courts have the right to seize, freeze, transfer, or sell the property of the person subject to enforcement according to different circumstances. The People's Law quietly archives the property that the court inquires, seizes, freezes, transfers, or sells must not exceed the scope of the obligations that the person subject to enforcement shall perform.

When a people's court decides to seize, freeze, transfer, or convert property, it shall make a ruling and issue a notice of assistance in enforcement, and the relevant units must handle it.

Fully apply the provisions of the "People's Mediation Law" and the "Several Intentions to Destroy Opinions", and the mediation agreement formed in the process of debt repayment of Shouhucha shall be judicially confirmed by the court, so as to obtain the same legal effect as the effective judgment, and directly enforce the debt repayment by bypassing the cumbersome litigation procedures. The promulgation of the two legal documents has made it possible to solve debt problems in a non-litigation manner, but it has also put forward higher requirements for the management of creditor's rights and debts of enterprises or individuals.

This kind of thing can only be negotiated, and if negotiation fails, it can only be sued.

Legal Analysis: It is possible to apply for a payment order. Applying for a payment order is one of the ways in which a creditor can quickly recover the amount owed.

According to the provisions of the Potato Law, if the creditor requests the debtor to pay money and valuable, if the following conditions are met, it is not necessary to sue, but directly apply the supervision procedures stipulated in the Civil Procedure Law of the People's Republic of China to apply for a payment order to the basic people's court with jurisdiction:

1. There is no other debt dispute between the right holder and the debtor;

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

After the creditor submits the application, the people's court shall notify the creditor within five days whether to accept the application. After acceptance, if the creditor's rights and debts are clear and legitimate, a payment order shall be issued to the debtor within 15 days from the date of acceptance, and the debtor shall pay off the debts within 15 days from the date of receipt of the payment order.

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

Article 215:After a creditor submits an application, the people's court shall notify the creditor within 5 days whether or not to accept it.

Article 216:After the people's court accepts the application for Luyan, after examining the facts and evidence provided by the creditor, and finds that the creditor's rights and debts are clear and lawful, it shall issue a payment order to the debtor within 15 days from the date of acceptance; 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.

1. You can apply for pre-litigation property preservation, provide a guarantee of the corresponding value, and file a lawsuit within 15 days.

2. Your question 2 is the problem in the enforcement stage after you win the lawsuit, as long as you can provide clues about the property, the court enforcement division will enforce it, and generally will not auction the store, because the amount to be enforced is far less than the value of the store. Turnover can be executed.

3. You can get your money back through a lawsuit, but you can't get the shares back, unless the transfer is invalid.

You can apply for litigation preservation, which includes the bank deposit in the store, the seizure of the bank account, and the formalities at the industrial and commercial bureau to prohibit the transfer. At the same time, a lawsuit is filed.

As for the issue of the auction house, it is a problem in the process of implementation, and it depends on the specific situation at the time.

If the seizure procedures are done well, they will not run away.

You can only get back the money you owe through legal means, and because the shares have been transferred, you will not be gone. Of course, in the process of implementation, if the other party does not have the ability to perform, the foot spa shop can also be transferred to you as a price.

It is best to find a lawyer to handle these matters.

The original shares will definitely not be returned, but you can apply for pre-litigation preservation when you file a lawsuit, but you must provide corresponding guarantees, and if you win the lawsuit in the end, you can apply to the court for enforcement after the judgment takes effect. If he transfers the store to someone else at this time, you can apply to the court for the transfer to be invalid, so that's it?!

The pedicure shop should also have a dedicated bank account, which can be applied for preservation when suing, and can be enforced after the judgment is rendered, including the bank account and the property in the shop.

Collect clues about the property that the other party can enforce, and if the negotiation fails, immediately go to the court to file a lawsuit, apply to the court to seize the property and claim repayment.

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

Article 100: People's courts may, on the basis of the application of the opposing party, rule to preserve their property, order them to perform certain acts, or prohibit them from doing certain acts, in cases where it might be difficult to enforce a judgment or cause other harm to a party due to the conduct of one of the parties or other reasons; Where the parties do not submit an application, the people's court may also rule to adopt preservation measures when necessary.

The people's court may order the applicant to provide a guarantee when taking preservation measures, and if the applicant does not provide a guarantee, rule to reject the application.

After the people's court accepts the application, it must make a ruling within 48 hours if the situation is urgent; Where a ruling is made to employ preservation measures, enforcement shall begin immediately.

Direct is the best way, and you're welcome to chase it