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What are the legal means to pay off the electricity bill?
The contract basis of electricity charge is the power supply contract signed by both parties;
The legal basis of electricity charge recovery is People's Republic of China (PRC) Contract Law.
First, stop and limit electricity to collect electricity charges.
It should be noted that the use of power cuts to collect electricity charges is the most severe means of electricity charges. The reason why it is put in the first place is because it has strict procedures and is easy to cause great social impact. Therefore, it should be used cautiously as a post-rescue method.
Second, make full use of subrogation to collect electricity charges.
The so-called subrogation refers to the debtor's laziness in exercising his rights, which affects the realization of creditor's rights. In order to protect their rights, the creditor exercises the debtor's existing rights against the secondary debtor in its own name. Among them, the secondary debtor is the debtor of the debtor. Obviously, subrogation is a good way to solve the triangular debt problem encountered in electricity bill settlement.
Three, make full use of the right of offset, timely relief or elimination of arrears of electricity charges.
Generally speaking, when the type and quality of the subject matter owed by power supply enterprises to users are different from the electricity charges, they can be offset by mutual agreement. In practice, "coal-electricity mutual offset" and "material-electricity mutual offset" are often adopted, and these methods of "paying debts in kind" are the concrete application of the agreed right of set-off.
Four, pay attention to the role of payment orders, and collect electricity fees according to law.
Payment order is the symbol of civil litigation supervision procedure. The so-called supervision procedure refers to the procedure that the court urges the debtor to fulfill his obligations within a time limit in the form of a payment order according to the creditor's application for payment of money and securities.
Payment order is a pre-litigation procedure with simple procedure, easy operation, low cost and short time. At present, it has been widely used by power supply enterprises to clear up the arrears of electricity charges. Users in arrears (especially residents in arrears) will generally contact the power supply enterprise for repayment after receiving the payment instruction.
Five, improve the delivery of documents, reflecting the determination and seriousness of collecting electricity charges.
In the work of clearing debts, some users who owe money often refuse to accept collection notices and power outage notices, and there is no provision for lien delivery in power laws and regulations, which affects the smooth progress of clearing debts.
Six, actively explore the use of security means in the collection of electricity charges.
When signing a power supply contract with users, under normal circumstances, there is no guarantee clause or guarantee contract with users. As a result, when recovering the arrears, it often falls into a passive situation of "the lawsuit wins and the money loses", and the winning judgment is in hand, but the electricity bill cannot be implemented.
Seven, according to the use of judicial means to collect electricity.
Justice is the last line of defense to solve disputes, and there is no way.
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