There are several ways to solve the company's debt: (1) negotiation. When the company owes money, the first choice is negotiation, which is the most time-saving and labor-saving method, but the premise is that the other party has the consciousness and ability to repay. (2) Request for payment order. Payment order refers to a legal document made by the people's court to urge the debtor to perform certain obligations according to the application of creditors. (3) prosecution. If the other party disagrees after the payment order is issued, then you can only choose to sue. Apply for litigation property preservation at the same time as filing a lawsuit. After the court makes a judgment, if the other party refuses to pay it back, it may apply to the court for enforcement with the effective judgment. In a word, if the company owes money, it can claim the creditor's rights through negotiation, application for payment order and litigation. The negotiation method is the simplest and quickest, and the payment form is the most effective. Although the lawsuit is authoritative, it has a long process and high cost. The process of suing the company for arrears is as follows: the creditor prepares the evidence that can prove the relationship between creditor's rights and debts and the number of parties plus the complaint to file a lawsuit with the court. In order to prevent successful judgments from being effectively enforced in the future, creditors can also apply to the court for property preservation. After the judgment takes effect, creditors can apply to the court for enforcement. The court will seal up and auction the company's property according to the property clues provided by creditors to repay the creditors' debts.
Legal basis:
Article 678 of the Civil Code of People's Republic of China (PRC) * * * The borrower may apply to the lender for extension before the repayment period expires; If the lender agrees, it can be extended.
Derivative problem:
How to claim the bonds after the cancellation of the company?
If the company cancels in accordance with legal procedures, it shall set up a liquidation group, make an announcement and clean up its creditor's rights and debts. If the creditor fails to apply for creditor's rights within 45 days after the announcement, it shall be deemed to have given up automatically. If there is no announcement or liquidation, the shareholders shall bear legal responsibility. You can check the industrial and commercial archives, which should contain the creditors of the unit, otherwise the industrial and commercial department will not approve the cancellation. You can ask the creditor to bear the responsibility. You can check the industrial and commercial archives, which should contain the creditors of the unit, otherwise the industrial and commercial department will not approve the cancellation. You can ask the creditor to bear the responsibility. Before the cancellation of the company, a liquidation group (composed of the company's shareholders) should be set up to deal with the company's creditor's rights and debts, instead of waiting until the cancellation. If the assets are insolvent, bankruptcy liquidation procedures should be carried out. If the assets are sufficient to pay off the debts, the general liquidation group may pay off the debts with the company's assets and distribute the company's creditor's rights.