What if the other party loses money in business and can't afford it?
1. What if the other party loses money in business? There are many ways to solve the default dispute, such as negotiation, mediation, arbitration, litigation, etc. Litigation is just one of them. Here, I will focus on the correct understanding of "litigation": for creditors, if they can't claim arrears through negotiation and mediation, they will think of prosecution, but for such disputes, we can't simply think that litigation must go through complicated procedures such as filing, trial and judgment. In fact, there is a simple way to apply to the people's court for a payment order, which is one of the effective ways to recover the arrears. According to the provisions of China's Civil Procedure Law, the creditor requests the debtor to pay money and securities, as long as the following conditions are met: there are no other debt disputes between the creditor and the debtor; If the payment order can be served on the debtor, the creditor may apply to the people's court for a payment order. Article 108 of the General Principles of the Civil Law stipulates: "The debt shall be paid off. If it is temporarily unable to repay, it may be repaid by the debtor in installments with the consent of the creditor or the ruling of the people's court. Those who have the ability to repay and refuse to repay shall be forced to repay by the people's court. " Therefore, it is certain that the debtor must repay the debt. But at present, there are two situations in society where debts cannot be repaid. One is unable to repay, the other is unable to repay. The General Principles of the Civil Law only stipulates the above principles. Second, what matters should be paid attention to when suing for debt collection? 1. Evidence to prove the existence of creditor's rights and debts Transaction contracts, bills of lading, receipts, statements and bank records can all be used as evidence to prove the existence of creditor's rights and debts. 2. To prove that the debtor is a natural person, a copy of his ID card and his residence address are required. If the debtor is a company, it is best to have a bank account. Special attention should be paid to the company's change of name and domicile, so that creditors can't find it, so as not to be in debt. 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. 3. It is best to have the debtor's property clues. Many debtors often claim that they are unable to pay their debts, but in fact they hide their property. In order to prevent the debtor from getting the property after winning the case, we should pay attention to collecting the debtor's property clues. 4. Pay attention to the restrictions of action. The limitation of action for asking the court to protect citizens' rights is two years. As far as the payment for goods is concerned, it begins when the other party refuses to return it when the debt is due. 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. To sum up, some people may borrow money to do business in their daily lives, making money easily. Once they lose money, their principal may not be recovered. For creditors, if the other party is unable to repay, it can extend the repayment period or repay by installments through negotiation. If the other party has no money after the lawsuit and the court can't enforce it, then the seized property can only be frozen after the money is available.