First, the provisions on the recovery of arrears through prosecution.
The General Principles of the Civil Law of People's Republic of China (PRC) and the Civil Law of People's Republic of China (PRC) stipulate that the limitation period for requesting the people's court to protect civil rights is two years, unless otherwise stipulated by law. Counting from the time when you know or should know that your rights have been violated. As far as the debt problem is concerned, it begins when the debt expires and the other party refuses to return it. The limitation of action is interrupted by the institution of a lawsuit, the request of one party or the agreement to perform the obligation. After the limitation of action is interrupted, the period shall be recalculated.
First of all, there must be evidence to prove the existence of debt relationship. IOUs, trading contracts, bills of lading, receipts, bank records, audio-visual materials, etc. can all be used as evidence to prove the existence of debt relations.
Second, there must be the minimum information of the debtor. At present, the division and merger between companies are very common. Many companies use the opportunity of division or merger to change their names and residences, so that creditors can't find them and evade their debts. Some citizens often move their household registration, and they can't find anyone after a long time. Therefore, creditors must pay attention to retaining and collecting debtor's information. If the debtor is a company, it shall keep a copy of the company's business license, bank account, personal information of the company's legal person or person in charge and shareholders, etc. If the debtor is a natural person, it is necessary to keep a copy of his identity card and the name and address of his work unit.
Third, there must be enforceable clues to the debtor's property interests. Many debtors often claim that they are unable to pay their debts, but in fact they hide their property. For companies in debt, it is difficult to obtain their financial status, but they can get a general understanding of their operations and employees' income. For a natural person in debt, he can know the income of other employees in his unit and the consumption at home. Fourth, we should pay attention to the provisions of the statute of limitations and create and retain evidence of the interruption of the statute of limitations.
Second, sign relevant agreements.
The following two schemes can be considered. The first is to sign a repayment agreement with the other party. If the other party does not deny it, but delays the repayment under various excuses, then it can sign a repayment agreement with it to clarify the repayment method and time limit. If possible, it can also be agreed with the other party. If the debtor fails to pay it back at maturity, it can apply to the court for compulsory execution of the debtor's property and notarize it. If there is a notarized repayment agreement, once it expires, the creditor can directly request the court to execute it according to the agreement, which avoids many complicated litigation procedures and saves time and money. The second is to preserve the property fifteen days before the lawsuit or at the same time. The so-called property preservation means to apply to the court for sealing up, distraining and freezing the property interests of the respondent before or at the same time of litigation, so as to ensure that the applicant can execute the ruling after winning the lawsuit. Of course, the application for preservation must provide a guarantee in advance, and if the application is wrong, the respondent must be compensated for the losses suffered.
In real life, there are many inappropriate ways to recover arrears, which often cause unnecessary trouble and even tragedy, and both sides are hurt. Therefore, when we encounter such problems in our life, we must treat them calmly and act in accordance with the legal provisions for recovering arrears. We can't handle it. We can ask for legal aid! For more relevant knowledge, please consult Weifang lawyers.