code of civil law

Article 23 A lawsuit arising from a contract dispute shall be under the jurisdiction of the people's court in the place where the defendant has his domicile or where the contract is performed.

Article 34. The parties to a dispute over a contract or other property rights and interests may, through written agreement, choose a people's court in a place that has a real relationship with the dispute, such as the defendant's domicile, the place where the contract is performed, the place where the contract is signed, the plaintiff's domicile and the place where the subject matter is located, but it shall not violate the provisions of this Law on hierarchical jurisdiction and exclusive jurisdiction.

Second, apply for property preservation

The parties may, in accordance with the provisions of "property preservation and prior execution", take property preservation measures in time to prevent or reduce economic losses.

When bringing a debt lawsuit to the people's court, the creditor may file an application for property preservation in accordance with the provisions, and provide relevant information about the debtor's property so that the people's court can adopt sealing-up, seizure, freezing or other means prescribed by law. If the debtor commits economic fraud, the creditor may apply to the people's court for property preservation measures before the prosecution to prevent the debtor from transferring the property and causing economic losses to the creditor.

code of civil law

Article 100 A people's court may, on the application of the other party, order the preservation of property, order the implementation of certain acts or prohibit the implementation of certain acts in a case that may cause difficulties in execution or other damage due to the behavior of one party or other reasons. If the parties do not apply, the people's court may also order the adoption of preservation measures when necessary. ?

When the people's court takes preservation measures, it may order the applicant to provide a guarantee. If the applicant is unable to provide a guarantee, the application shall be rejected. ?

After accepting the application, the people's court must make a ruling within 48 hours in case of emergency; Those ordered to take protective measures shall be executed immediately. ?

Article 101 If an interested party fails to apply for preservation immediately due to an emergency, which will cause irreparable damage to his legitimate rights and interests, he may apply to the people's court where the property to be preserved is located, where the respondent has his domicile or has jurisdiction for preservation measures before bringing a lawsuit or applying for arbitration. The applicant shall provide a guarantee. If no guarantee is provided, the application will be rejected. ?

After accepting the application, the people's court must make a ruling within 48 hours; Those ordered to take protective measures shall be executed immediately. ?

If the applicant fails to bring a lawsuit or apply for arbitration according to law within 30 days after the people's court takes the preservation measures, the people's court shall lift the preservation. ?

Article 102 Preservation is limited to the scope of the claim or the property related to the case. ?

Article 103 Property preservation shall be sealed up, detained, frozen or other methods prescribed by law. After the people's court has preserved the property, it shall immediately notify the person whose property has been preserved. ?

Property that has been sealed up or frozen shall not be sealed up or frozen again. ?

Article 104 In a property dispute case, if the respondent provides a guarantee, the people's court shall make a ruling to cancel the preservation. ?

Article 105 If the application is wrong, the applicant shall compensate the respondent for the losses suffered due to preservation. ?

Article 106 The people's court may, upon the application of the parties, order that the following cases be executed first:

(a) recourse alimony, maintenance, nursing, pension and medical expenses;

(2) recourse for labor remuneration; ?

(three) due to emergency need to be executed first.

Third, apply for a payment order

In order to make the application for payment order play its due role, creditors should make the following preparations before applying to the court for payment order:

First, straighten out the relationship between creditor's rights and debts and submit written creditor's rights and debts documents;

Second, if there is no debt, a written certificate indicating the amount owed or securities should be issued to the debtor;

The third is to verify the debtor's name, location and other basic information so that the payment order can be served on the debtor.

Article 191 of the Civil Procedure Law: After accepting the application and examining the facts and evidence provided by the creditor, the people's court shall issue a payment order to the debtor within 15 days from the date of acceptance; If the application is not established, it shall be rejected by ruling.

Fourth, apply for bankruptcy and pay off debts.

Applying for bankruptcy to pay off debts is the last resort of creditors when the debtor is insolvent and unable to pay off debts. Because according to the liquidation order of bankruptcy property, it is difficult for creditors to protect all their rights and interests from the implementation situation in some places, and the outstanding debts will not be repaid.

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