Legal way of debt collection
1, and the solution.
Negotiation settlement refers to that both parties of creditor's rights and debts directly negotiate or invite a third party to mediate to resolve disputes on the basis of voluntariness and mutual understanding. When the creditor's right expires or is about to expire, if the debtor is temporarily unable to repay the debt but has the sincerity to repay it, the creditor may negotiate with the debtor on the time limit, method and amount of debt performance, and urge the debtor to fulfill the debt or sign a repayment agreement.
If the creditor's rights are secured by mortgage or provided by a third party, the creditor can negotiate with the mortgagor or guarantor, or ask the third party to "match the bridge" so that the mortgagor can pay off the debts with sufficient mortgaged assets, or the guarantor can pay off the debts. The following principles should be followed in resolving debt disputes through consultation: 1, equality and voluntariness; 2. Abide by laws and regulations; 3, do not harm the legitimate rights and interests of the state, society and others.
2. Mediation law
Creditors who are unwilling to harm harmony and settle debt disputes quickly may submit a written mediation application to the local people's mediation committee. According to the "Several Provisions on People's Mediation Work" promulgated by the Ministry of Justice, the application for mediation should meet the following conditions: 1, and there is clear basic information of the adjusted person, such as citizen and legal person. 2. There are specific mediation requirements. Whether the respondent is required to fulfill the repayment obligation, etc. 3. The application for mediation has factual basis, such as loan contract and guarantee agreement. This dispute belongs to the scope of acceptance of the people's mediation committee. After reaching an agreement through mediation, the debtor shall perform its obligations as agreed. This Agreement shall not be altered or dissolved without authorization. After the signing of the agreement, the debtor repented or partially repented. Creditors may bring a lawsuit to the people's court. Request the other party to perform the mediation agreement.
3. Arbitration law
According to the arbitration law of China. Arbitration is a unified system of arbitration or trial and final award. Compared with the two-instance system of final adjudication, arbitration is more conducive to the rapid settlement of disputes between the parties. When applying for arbitration, the parties shall submit an arbitration agreement, an application and a copy thereof to the arbitration institution. The application shall specify in detail the facts and reasons such as the name, gender, age and occupation of the party concerned. Arbitration to solve debt disputes has strong confidentiality, and most of the parties have no fierce confrontation. In addition, the cost of applying for arbitration is generally lower than the cost of filing a lawsuit.