There are several ways to deal with disputes over creditor's rights and debts: one is settlement. Settlement by negotiation means that both parties of creditor's rights and debts directly negotiate or invite a third party to mediate and solve 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. Where the creditor's rights are secured by mortgage or provided by a third party, the creditor may negotiate with the mortgagor or guarantor to make the mortgagor pay off the debts with sufficient mortgaged assets or the guarantor pay off the debts. Second, the mediation law. You can submit a written application for mediation to the local people's mediation committee. Third, the arbitration law. According to the provisions of China's arbitration law, arbitration is based on the unification of arbitration, trial and final adjudication. Compared with the two-instance system of final adjudication, arbitration is more conducive to the rapid settlement of disputes between the parties. Submit the arbitration agreement, application and copy. 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. Fourth, procedural law. Debt dispute litigation is a kind of civil litigation. For some complicated cases, if the other party is difficult to handle or solve by other means, the creditor may choose litigation procedures to solve them. Fifth, the application of the payment order law. Article 191 of China's Civil Procedure Law stipulates: "After the people's court accepts the application, if the facts and evidence provided by the creditor are clear and legal after examination, it shall issue a payment order to the debtor within 15 days from the date of acceptance: if the application is not established, the ruling shall be rejected." If the debtor fails to perform his obligations consciously within the specified date and does not raise a written objection, the creditor may apply to the people's court for enforcement. Sixth, apply for enforcement of the law first. Pre-execution is a temporary measure for the people's court to execute certain property on the defendant in order to solve the plaintiff's current living difficulties before making a judgment in some cases. Article 97 of China's Civil Procedure Law stipulates: "The people's court may, upon the application of the parties, order the following cases to be executed first: (1) recourse for alimony, maintenance, childcare, pension and medical expenses; (2) recourse for labor remuneration; (three) due to emergency need to be executed first.
Legal objectivity:
How to deal with disputes over creditor's rights and debts: 1. Non-litigation procedure (1) Non-litigation procedure theory and related laws stipulate non-litigation procedure. The supervision procedure stipulated in China's civil procedure law is a typical non-litigation procedure. The so-called supervision procedure is a special procedure for debtors to pay off their debts with money and securities as the content. The special chapter on the establishment of China's civil procedure law stipulates the supervision procedure. According to the provisions of this chapter, if the creditor requests the debtor to pay money or securities, there is no other debt dispute between the creditor and the debtor, and the payment order can be served on the debtor, the creditor may apply to the people's court with jurisdiction for the payment order, and the debtor shall pay off the debt within 15 days from the date of receiving the payment order or file a written objection with the people's court. If the debtor fails to raise an objection and fulfill the payment order within the statutory time limit, the creditor may apply to the people's court for enforcement. (II) Characteristics and legal requirements of the non-litigation procedure According to Article 189 of the Civil Procedure Law and Article 2 15 of the Supreme People's Court's Opinions on Several Issues Concerning the Application of the Civil Procedure Law, the non-litigation procedure has the following characteristics and legal requirements: First, the scope of application is specific, and the money requested for payment must be money or bills (bills of exchange, promissory notes, checks) and bonds and other securities. The purpose of non-litigation procedure is to obtain the name of execution, that is, the effective payment order, in order to realize the content of execution. Therefore, the payment order must have the characteristics of clear legal relationship and enforceability, which is also in line with the purpose of non-litigation procedure to handle cases easily and quickly and protect creditor's rights. Second, the relationship between rights and obligations is clear, that is, the money or securities requested for payment have expired and the amount is determined, indicating the facts and basis on which the request is based. In other words, the reason and specific amount of the payment request can be determined on the basis of valid contracts and other evidence. This is the essential requirement for the application of non-litigation procedure, including three meanings: 1, when the payment period expires, the debtor has the obligation to perform the payment; 2. The amount must be determined; 3. There are factual reasons and grounds. Whether the factual reasons are conclusive and credible, whether they have the force of legal proof and whether they will cause disputes will not affect the application of non-litigation procedures and the application for payment orders. Third, there are no other debt disputes between creditors and debtors to ensure the smooth implementation of the non-litigation procedure and the realization of the ultimate goal. Fourth, the payment order can be served on the debtor. The purpose of non-litigation procedure is to urge the debtor to fulfill his obligations in time. If the contents of the payment order cannot be delivered to the debtor and understood by the debtor, the procedure will be difficult to carry out. Two. Procedure for Creditors to Apply for a Payment Order If a creditor requests the debtor to pay money or securities, which meets the conditions that there is no other debt dispute between the creditor and the debtor and the payment order can be served on the debtor, it may apply to the people's court for a payment order, order the debtor to pay off the debt within 15 days from the date of receiving the payment order, or file a written objection with the people's court. If the debtor fails to raise any objection and fulfill the payment order within 15 days, the people's court may enforce it according to the creditor's application. The procedure for creditors to apply for a payment order is: 1. The creditor shall apply to the grassroots people's court with jurisdiction for a payment order. The basic people's court with jurisdiction refers to the basic people's court where the debtor has his domicile or where the contract is performed, or the basic people's court agreed by the creditor and the debtor in the contract according to the provisions of Article 25 of the Civil Procedure Law. 2. The creditor shall apply for a payment order in writing, and the application shall specify the names of the creditor and the debtor, the name, position and address of the legal representative or principal responsible person and other basic information; The type and quantity of money or securities required and the facts and evidence on which it is based. Article 189 of the Civil Procedure Law: If a creditor requests the debtor to pay money or negotiable securities, it may apply to the grassroots people's court with jurisdiction for a payment order: (1) If there is no other debt dispute between the creditor and the debtor: (2) Whether the payment order can be served on the debtor. The application shall specify the amount of money or securities required and the facts and evidence on which it is based.