Firstly, manifestation of creditor's rights and debts

Creditor's rights debt form mainly has: payment for goods, JiaGongKuan, rent, delivery, transport of goods, technology services.

Loans, JiaGongKuan, such as the rent directly with money, the content of our general's claims for money;Delivery, transport of goods, such as technical services are not directly with money as the content, but directly show is a kind of behavior, a kind of content or intellectual achievements, we call it a non-monetary claims.Money of creditor's rights, it is our most common creditor's rights, which is the most important creditor's rights.

The difference between the two, joint debt and personal debt

The provisions of article 24 of the "marriage law judicial interpretation (2)" : "creditors is a surviving spouse during the marriage to personally by the claim of debt, shall be handled as husband and wife together debt.But a surviving spouse can prove that the creditor and the debtor shall expressly agreed upon as the personal debt, or be able to prove that belongs to the paragraph 3 of article 19 of the marriage law unless the situation ".

If creditors can prove that the debt is used for the debtor couples live together or production, or the debtor can prove that the debt is not applied in the production of husband and wife live together or direct use of "marriage law" article 41 regulation "creditors is a surviving spouse during the marriage to personally by the claim of debt, shall, in accordance with the joint debt".

Third, during the relationship of creditor's rights debt

During the relationship of debt, does not apply to the marriage law, both sides during the life, can understand into partnership, if used to live together, the debt is Shared by both parties through consultation, if cannot distinguish between income levels, Shared equally by both parties.

Four, creditors "subrogation"

"Contract law" the seventy-third regulation: "due to the obligor delayed in exercising its creditor's rights, due to the damage of the creditor, the creditor may bring a suit in a people's court for subrogation in the name of their exercise the right of the obligor, except that the creditor's rights exclusively personal to the obligor.The scope of subrogation is limited to the extent of the obligee's right.Necessary expenses of the creditors' exercise of subrogation shall be borne by the obligor.

In other words, the creditor may demand that the debtor's debtor (often called the secondary obligor) to repay the debt, and don't need to get the secondary obligor agree.If you don't agreed to the secondary obligor, the creditor may bring a suit in a people's court directly against the secondary obligor, and naming the original obligor as an interested third person.But should pay attention to, if the creditor's right exclusively personal to the obligor, is unable to exercise subrogation.

Five, the creditors collection process, cause harm to the debtor relatives

If the creditors of the debtor's relatives just generic verbal threats, may be limited by administrative penalties for public security;If creditors to implement the actual damage behavior, if the circumstances are serious, may be suspected of racketeering sin or intentional injury.

Six, the rights of way of creditor's rights debt disputes

1, both sides talks things over solve;

2, can be the residence of the residents' committees, judicial offices, complaints by relevant departments or personnel organization mediation;

3, if there is an arbitration agreement or loan there is an arbitration clause in the contract, can be applied to prescribed by the arbitration commission for arbitration;

4, if there is no arbitration agreement or the loan no arbitration clause in the contract, you can hire a lawyer issued by the lawyer letter to the debtor;The domicile or can also be made by the local people's court.