How to collect debts if you owe money?

1. Determine whether the debt has related debt or loan agreement? Whether the repayment date is agreed, and if the agreed repayment date has not yet reached the repayment date, the other party may temporarily withhold the repayment. If there is no agreed repayment date, you can ask the other party for the arrears at any time. If the repayment date is agreed, the limitation of action is 3 years; If there is no repayment date, the limitation of action is 20 years.

2. Send a reminder for recovery. If the other party still fails to repay after the agreed repayment date, it may send a reminder letter to the other party. Dunning letter, mainly indicating the repayment amount, repayment period and other auxiliary terms. It's best to send a reminder letter by postal express, because this needs the parties to sign for it. Tip: In some cases, the debtor will contact the lender after receiving the dunning letter, so it is still useful.

3. Prosecution and property preservation. After being urged, the other party still fails to perform the repayment obligation. At this time, you can write a complaint and bring a lawsuit to the court. At the same time, apply for property preservation. This can effectively prevent the other party from transferring property. Check and control the debtor's property status (the amount of funds, real estate, vehicles and equity of each bank card, etc.). ) through the court. According to your appeal and relevant circumstances, the court arranges courts, holds hearings and issues judgments. Important: If the other party doesn't answer the phone and disappears, you need to check the real identity information of the other party. Generally, according to the name, telephone number and approximate residence, it can be found through the public security bureau. Even if the other party does not appear in court, the judgment can be made by default. It doesn't mean that you can't go to court without contacting people.

4. Apply to the court for enforcement. After the court makes a judgment, if the other party still fails to perform it, it may apply to the court for enforcement. As long as the other party has property, it can basically be recovered. That's why I applied for property preservation when I filed a lawsuit. Refusing to execute the court's judgment on malicious transfer of property may constitute a criminal offence and may be investigated for criminal responsibility. The crime of refusing to execute the judgment, if the circumstances are particularly serious, can be sentenced to a maximum of seven years in prison and fined.

5. If the first execution finds that the other party has no property available for execution.

The court often decides to implement the final version. At this time, the parties need to provide new property clues. For property clues, if the other party is an individual, check whether the other party's name is property, followed by the other party's marriage relationship. It is very likely that there is no real estate in the name of the other party, but there is real estate in the name of his spouse. At present, the property belonging to the parties in the same property of husband and wife can also be used for execution.

6. Secondly, if you know which unit the other party works in, you can submit this information to the executive judge for the judge to issue a notice to inform the other party to assist or cooperate with the execution. This can be done through the other company, and it can be executed by deducting the other party's salary. If it is found that there is a company under the other party's name, you can apply to the court to enforce the equity in the other party's name.

7. If the debtor is a company, first analyze the nature of the other company, whether it is a limited liability company, a partnership or other types of enterprises. If the other party is a limited liability company, you can execute all the property of the company first. If the company has no executable property, it will continue to check the registered capital of the company and whether the shareholders have paid in. If the company's property is executed, but all debts cannot be paid off, and it is clear that the shareholders of the company have not paid it, the shareholders may be added as the executor, and the shareholders shall be liable for compensation for the company's debts within the scope of their subscription. It often happens that there is little money in the company's public accounts, but shareholders are rich. We might as well try to add shareholders who have not paid the money in the company as executors.

8. If the other company is a general partnership, all general partners can be directly added as executors. In a general partnership, the enterprise assumes external liabilities with all its property, and the general partner assumes unlimited liabilities for the debts of the enterprise. So if the other party is a general partnership, there are several general partners, all of whom are added as executors. Different from the limited liability company, the limited liability company bears limited liability within the scope of shareholders' subscription, while the general partner bears unlimited liability, that is, all the assets of the general partner can be used for execution!

9. If the property has not been executed, don't give up, and continue to apply to the court for resumption of execution after a period of time. Once the creditor's rights are determined, this debt will follow the debtor for a lifetime. Persevere and safeguard your legitimate rights and interests.