From a legal or institutional perspective, the following measures can be taken to deal with defaults on payment. ?

1. Apply for a payment order in a timely manner. When the two parties have a monetary debt dispute and the creditor-debt relationship is clear, the creditor applies to the court for a payment order, and the court sends a payment order to the other party. If the payment is not performed within the specified period, it can be enforced through the court. The disadvantage is that once the other party raises an objection, it will enter ordinary litigation procedures, so there are uncertainties. ?

2. File a lawsuit. File a lawsuit in a timely manner and strive to win and settle the case within a short period of time, or reach an in-court settlement agreement with the debtor. If negotiation fails and the lawsuit is successfully filed in court, if the debtor fails to fulfill the court judgment within the performance period, the creditor can apply to the court for enforcement. When accepting compulsory execution, the court will inquire about the properties, vehicles, securities and deposits in the name of the debtor in accordance with the law.

"Civil Procedure Law"

Article 214: If a creditor requests the debtor to pay money or securities and meets the following conditions, he may apply to the basic people's court with jurisdiction To apply for a payment order: ?

(1) The creditor and the debtor have no other debt disputes; ?

(2) The payment order can be served to the debtor. ?

Article 215: After a creditor files an application, the people's court shall notify the creditor within five days whether to accept the application.

Article 216: After the people's court accepts the application, after reviewing the facts and evidence provided by the creditor, if the relationship between the creditor's rights and the debt is clear and legal, it shall issue a notice to the debtor within fifteen days from the date of acceptance. Payment order; if the application is not established, the ruling shall be dismissed.

The debtor shall repay the debt within fifteen days from the date of receipt of the payment order, or submit a written objection to the people's court.

If the debtor does not raise objections and fails to perform the payment order within the period specified in the preceding paragraph, the creditor may apply to the People's Court for execution

Article 242 The person subject to execution fails to comply with the execution Notice to perform the obligations specified in the legal document, the people's court has the right to inquire the relevant units about the deposits, bonds, stocks, fund shares and other property status of the person subject to execution.

The people's court has the power to seize, freeze, transfer, and change the value of the property of the person subject to execution according to different circumstances. The property inquired, seized, frozen, transferred, and valuated by the People's Court shall not exceed the scope of the obligations that the person subject to execution shall perform.

Extended information:

Case:

A man in Mudan District started a business with others and needed money urgently. He already had a loan in his name and could not apply again. . So, he arranged for his father to forge relevant documents and obtain a loan of 200,000 from a financial institution in Heze in the name of buying a car. The loan was overdue and his father was unable to repay it. Recently, he was arrested by the procuratorate on suspicion of loan fraud.

According to the police from the Economic Investigation Brigade of the Mudan Branch of the Heze City Public Security Bureau, on June 7, 2012, Li Qiang (pseudonym) was in need of money in a partnership with others. However, he already had nearly 50,000 yuan to his name. The Yuan loan had not been repaid and he was unable to apply for another loan, so he approached his father Li Shenwu (pseudonym) for "help."

Li Shenwu has been working as a farmer at home since graduating from junior high school and once ran a passenger transport business. In 2008, he purchased a bus with the license plate R05XXX in partnership with three other people. At that time, the owner's registration information was that of Xu, one of the three partners, and the vehicle was affiliated to a company in Heze. In June 2011, Li Shenwu agreed with three partners and sold it to Zhang for 130,000 yuan, and Zhang operated it himself. At this time, the car had no relationship with Li Shenwu.

Li Qiang believed that his father had experience in operating passenger transport, so it would be easy for him to get a loan from a bank, so Li Qiang arranged for his father to apply for a loan of 200,000 yuan from a financial institution in Heze in the name of buying a bus. When applying for a loan, Li Shenwu provided his unified motor vehicle sales invoice, driving license (license plate Lu R05XXX) and a transportation company certificate (all of which were found to be forged after verification), as well as relevant information about three guarantors.

After inspection by the financial institution’s external review personnel, the credit period is from June 19, 2012 to June 18, 2014. On June 29, 2012, after the financial institution issued a loan of 200,000 to Li Shenwu, he handed over all the money to his son Li Qiang for use. On June 28, 2013, the day the loan expired, Li Shenwu repaid the principal of 200,000 yuan and interest.

After repaying the loan, Li Shenwu applied for another loan. Because within the credit period, on July 2, 2013, the financial institution granted him another loan of 200,000 yuan, with the period from July 2, 2013 to June 1, 2014. After the loan expired, Li Qiang had difficulties in cash flow for his business and failed to pay the principal and interest of the loan to his father. As of September 5, 2014, the loan was overdue. Li Shenwu was recently arrested by the police for refusing to repay the principal and interest.

People's Daily Online - My father failed to repay his son's loan overdue and was arrested on suspicion of loan fraud