How to solve the debt dispute between companies?
Debt disputes between companies can be resolved through legal channels, mainly paying attention to the following two points: First, choose the court of jurisdiction. Article 23 of China's Civil Procedure Law stipulates that "a lawsuit brought due to a contract dispute shall be under the jurisdiction of the people's court of the defendant's domicile or the place where the contract is performed". Article 24 stipulates: "The parties to a contract may agree in a written contract to choose the jurisdiction of the people's court of the defendant's domicile, the place where the contract is performed, the place where the contract is signed, the plaintiff's domicile and the place where the subject matter is located, but they shall not violate the provisions on hierarchical jurisdiction and exclusive jurisdiction". In a normal economic contract, the two sides did not stipulate the jurisdiction of the court when an economic lawsuit occurred. In the event of an economic lawsuit, they must go to the people's court of the defendant's domicile or the place where the contract is performed according to the provisions of Article 24. In this way, if the parties are not in the same place, or even far apart, it will increase the burden of manpower, financial resources and time, especially in a few places where local protection exists, resulting in passive litigation. To this end, the parties may refer to the provisions of article 25. First, take preventive measures in advance. When signing the contract, in order to prevent disputes in the future, strive for and indicate the cases under the jurisdiction of the court that are beneficial to you; The second is to remedy afterwards. That is, in the negotiation and mediation after a contract dispute occurs, a supplementary agreement can be signed, and both parties agree on the jurisdiction of the court to avoid bringing a lawsuit in a court that is beneficial to them when the agreement cannot be implemented. Two. Article 100 of the civil procedure law on application for property preservation stipulates: "If the judgment cannot be executed due to the behavior of one party or other reasons, the people's court may order property preservation." Article 10 1 stipulates: "If an interested party fails to apply for property preservation immediately due to an emergency, which will cause irreparable damage to his legitimate rights and interests, he may apply to the people's court for property preservation measures before bringing a lawsuit." In other words, the parties can take property preservation measures in time to prevent or reduce economic losses according to the provision of "property preservation comes first". In the current situation of tight capital and difficult organization of production factors, there are indeed many debtors who fail to settle the payment in time according to the contract, and it is quite common to delay and evade debts. Some are often difficult to implement even if the notary office makes a ruling or the people's court makes a judgment; Some debtors are essentially engaged in economic fraud. Under these circumstances, the creditor may, in accordance with the above provisions, file an application for property preservation while bringing a debt lawsuit to the people's court, and provide relevant information about the debtor's property, so that the people's court can seal up, detain, freeze or take other means as prescribed by law. If the debtor commits economic fraud, the creditor may apply to the people's court for property preservation measures before the prosecution to prevent the debtor from transferring the property and causing economic losses to the creditor.