1. Negotiate with the enterprise to reach a settlement: creditors can negotiate with the enterprise to reach a settlement agreement, and resolve debt disputes through negotiation, such as installment repayment and debt relief.
2. Seek legal aid: Creditors can apply to the court for enforcement, and enforce the property and assets of the enterprise through judicial procedures. If the enterprise has no property to enforce, the court can also take measures such as auction, selling off the debtor's property and sealing up the property to enforce it.
3. Recovery from the guarantor: If the enterprise provides a guarantee when borrowing money, the creditor can recover from the guarantor and ask him to bear the debts of the enterprise.
To perform, the following conditions must be met:
1. Obligations to be executed: the person to be executed must have legal obligations to be executed, such as non-performance of the contract, non-payment of goods, fines, etc.
2. Effective judgment: the judgment or ruling involved by the person subjected to execution must have taken effect or be recognized as having enforcement effect.
3. Non-performance or incomplete performance: if the person subjected to execution fails to perform or fails to fully perform the corresponding obligations, it needs to be enforced according to legal documents such as judgments and rulings.
4. Owning executable property: the person subjected to execution needs to own executable property, including bank deposits, real estate, equity, vehicles and other property.
To sum up, if the enterprise has no property available for execution, it will be more difficult for creditors to collect debts. Creditors should carefully examine the financial status and credit records of enterprises when borrowing money, and try to avoid the situation that enterprises can't perform their debts.
Legal basis:
Article 242nd of the Civil Procedure Law of People's Republic of China (PRC)
If the person subjected to execution fails to perform the obligations specified in the legal documents according to the notice of execution, the people's court has the right to inquire about the deposits, bonds, stocks, fund shares and other property of the person subjected to execution from the relevant units. The people's court has the right to seal up, freeze, transfer or change the property of the person subjected to execution according to different circumstances. The property inquired, sealed up, frozen, transferred or changed in price by the people's court shall not exceed the scope of obligations that the person subjected to execution shall perform. When the people's court decides to seal up, freeze, transfer or change the price of property, it shall make a ruling and issue a notice of assistance in execution, which the relevant units must handle.