1, through negotiation, both parties can renegotiate the repayment time and sign corresponding agreements.
2. Mediation: The parties may apply to the court for mediation. When trying a civil case, the people's court shall, on the basis of clear facts and the principle of voluntariness of the parties, distinguish right from wrong and conduct mediation.
3. file a lawsuit. If a creditor wants to file a lawsuit, it may prepare a complaint and evidence related to the case and submit it to the people's court with jurisdiction.
If the amount owed is relatively small, you can collect evidence, telephone recordings, chat records, etc. Bring other relevant evidence to the court or directly apply for a payment order within three years and apply to the people's court for compulsory execution according to law. Enforcement can seal up, detain and search the hidden property of the person subjected to enforcement.
If someone owes money and doesn't pay it back, he can directly apply to the court for a payment order to let him pay back the money.
Applying for payment order is called supervision procedure in litigation, which is applicable to money debt and securities debt. The creditor-debtor relationship between the parties should be clear, and creditors have more sufficient evidence than zd, such as IOUs and IOUs. Moreover, one party simply enjoys rights, the other party simply assumes obligations, and both parties have no debts to each other. In addition, the debtor should live in China and have a clear address so that the payment order can be served directly. If these conditions are met, the creditor can write an application with evidence and request the court to issue a payment order without prosecution.
After the payment order is issued, if the other party does not raise any objection within 15 days, the creditor may apply to the court for enforcement. If the other party raises an objection within 15 days, the payment order will automatically become invalid. At this point, creditors can only sue for debt collection through litigation.
Methods of recovering arrears through litigation
(1) Collecting evidence
According to the first paragraph of Article 64 of the Civil Procedure Law of People's Republic of China (PRC), "the parties have the responsibility to provide evidence for their own claims", they should submit the necessary evidence to the court when suing or responding to the lawsuit, otherwise Zhang may not get the support of the court and bear the consequences of losing the case. The following are the main evidences that should be provided to the court:
1. Provide written evidence such as IOUs, IOUs or loan contracts that can prove the relationship between creditor's rights and debts. If there is no documentary evidence, it shall provide the time, place and amount of the relationship between creditor's rights and debts, and provide irrelevant witness testimony or evidence clues.
2. If there is a guarantor, provide the name, gender, age, work unit and address of the guarantor; If the guarantor is a legal person, the name, legal representative and address of the legal person unit shall be provided. If there is a guarantee agreement, a written guarantee agreement or guarantee clause shall be provided.
3. If there is collateral, the name, quantity, price, storage place and the name of the custodian of the collateral shall be provided.
4. Provide evidence that the debtor fails to perform or fails to fully perform his obligations within the time limit and claims rights during the limitation of action.
5. Regarding the corresponding evidence with the defendant * * *, if the other party of Lev and the defendant are * * *, a certificate of marriage relationship shall be submitted; Evidence of shareholders' insufficient capital contribution, withdrawal of capital contribution, abuse of legal person's independent status, and shareholders' limited liability.
Legal basis:
Article 123 of the Civil Procedure Law
The prosecution shall submit a complaint to the people's court, and submit copies according to the number of defendants.
If it is really difficult to write a complaint, it can be made orally, which will be recorded by the people's court and the other party will be informed.
Article 128
The people's court shall send a copy of the indictment to the defendant within five days from the date of filing the case, and the defendant shall submit a reply within fifteen days from the date of receipt. The defense shall specify the defendant's name, gender, age, nationality, occupation, work unit, residence and contact information; The name and domicile of the legal person or other organization and the name, position and contact information of the legal representative or principal responsible person. The people's court shall send a copy of the defense to the plaintiff within five days from the date of receiving the defense.
If the defendant fails to submit the defense, it will not affect the trial of the people's court.
According to Article 189th of the Civil Procedure Law and the relevant judicial interpretation of the Supreme People's Court, the application for payment order must meet the following conditions:
1, the payment request must be money or securities;
2. The money or securities requested for payment have expired, the amount has been determined, and the facts and evidence on which the request is based have been stated;
3. There is no other debt dispute between the creditor and the debtor;
4. The payment order can be served on the debtor.