The recovery methods for the company's non-repayment of arrears include the following: first, the parties can negotiate with each other, and if the negotiation fails, the creditor can file a civil lawsuit with the people's court at the place where the defendant is domiciled, or directly apply to the arbitration institution for arbitration, or request the mediation institution to mediate.
1. How to recover the company's arrears?
1. Negotiation
It is best for the parties to a contract to settle their disputes through mutual agreement on an amicable basis.
2. Mediation
If the parties to the contract cannot reach a consensus through negotiation, they may request mediation by the relevant institutions, for example, if one or both parties are state-owned enterprises, they may request the higher authorities to mediate. The higher-level organ should distinguish between right and wrong and conduct mediation on an equal basis, and should not carry out administrative intervention. The parties may also request the contract management authority, arbitration institution, court, etc. to conduct mediation.
3. Arbitration
If the parties to the contract fail to reach an agreement through negotiation and are unwilling to mediate, they may apply to the arbitration institution for arbitration in accordance with the arbitration clause stipulated in the contract or the arbitration agreement reached between the two parties after the dispute arises.
4. Litigation
If there is no arbitration clause in the contract and no arbitration agreement is reached afterwards, the parties to the contract can sue the contract dispute to the court for judicial settlement. In addition to the general characteristics mentioned above, some contracts also have a voluntary characteristic, such as foreign-related contract disputes, which may be resolved by invoking foreign law rather than the relevant Chinese contract law.
2. What are the litigation procedures for contract disputes?
1. Determine the court with jurisdiction over the litigation
Whether the court has jurisdiction is mainly determined by two ways: agreed jurisdiction and statutory jurisdiction, and the parties to the contract may choose the court that may have jurisdiction over the litigation dispute when the contract is signed, and the two parties agree on the court with jurisdiction after negotiation.
If the parties have not agreed on the competent court, according to the statutory jurisdiction, it is generally included the competent court such as the place where the defendant is domiciled, the place where the contract is signed and the place where the contract is performed.
2. Write the complaint and sort out the relevant litigation materials
To file a lawsuit in court, it is necessary to have a complaint, the basic information of the original defendant and relevant evidentiary materials, and if there is a litigant, the identity information of the person is also required, and the existing evidence includes the relevant materials of the contract and the performance of the contract, and the original is required. If some of the materials are not original, a lawyer should review whether it will affect the outcome of the proceedings.
3. Court debate and cross-examination
After the case is filed, the court will send a summons to determine the first time, and will also exchange the evidence materials of the original defendant and the defendant, and debate the authenticity and probative power of the evidence in the court, and if there is new evidence, it can also be submitted.
4. The stage when the judgment takes effect
After the courtroom debate, the court finds the facts of the case after investigation and analysis, and makes a lawful and reasonable judgment, and if there is any objection to the verdict, it may file an appeal and request the court at the next higher level to make a judgment.
The process of contract litigation disputes mainly includes selecting a court with jurisdiction, collecting relevant evidence materials, writing a complaint for filing, and arguing in court, expressing cross-examination opinions, and finally if there is any objection to the judgment result, it can be appealed and applied for retrial.
3. Which court should I go to to apply for compulsory enforcement?
1. An application for compulsory enforcement needs to be submitted to the people's court of first instance, or to the people's court at the same level as the people's court of first instance where the property subject to enforcement is located.
The property portion of a legally effective civil judgment or ruling, as well as a criminal judgment or ruling, is to be enforced by the first-instance trial court or the people's court at the same level as the first-instance trial court where the property subject to enforcement is located.
Other legal documents that are to be enforced by the people's courts as provided by law are to be enforced by the people's court at the place where the person subject to enforcement is domiciled or where the property subject to enforcement is located.
2. There are also jurisdictional issues in the enforcement of the system, and the civil judgments and mediation documents made by the people's courts that take legal effect shall be enforced by the people's courts of first instance.
1) The enforcement of criminal judgments and rulings with property content shall also be carried out by the people's court of first instance. The people's court of first instance shall enforce the ruling on prior enforcement, and the people's court that made the ruling on reversal shall enforce the ruling.
2) The recognition and enforcement of foreign court judgments and rulings and awards of foreign arbitration institutions shall be enforced by the people's court that made the ruling. The arbitration decisions and mediation documents of China's arbitration institutions, the creditor's rights documents that have been given enforcement effect by notary organs in accordance with law, and administrative decisions that can be enforced by the people's courts shall be enforced by the people's courts at the place where the person subject to enforcement is domiciled or where the property subject to enforcement is located.