1. If there is a sales contract, the creditor has evidence to prove that there is a legal relationship with the customer company such as sales or supply. If there is no sales contract, customers' orders, creditors' invoices and other evidence can also prove the existence of the factual sales contract relationship.
2. If there is a written receipt, then the creditor has evidence to prove the actual number of transactions. Only by signing the receipt or combining the sales contract can the actual amount payable be further proved.
If there is no receipt, but there is a statement, it can also prove the amount of payment payable.
3. If the creditor company has provided the customer company with the VAT invoice, and the customer company has signed or certified the deduction, then the creditor company can provide the VAT invoice as reinforcing evidence to increase the confidence in winning the case.
4. The limitation of action for payment disputes is 3 years. If you file a lawsuit beyond the limitation of action, once the client company raises an objection to the limitation of action, your company will lose the right to win the case. Therefore, the creditor must first confirm whether there is evidence to prove that the creditor and the client company have agreed on the payment term. If there is no agreement, it is generally considered to be cash on delivery according to trading habits, then the limitation of action starts from the date of signing the goods. If there is an agreement, the limitation of action shall be calculated from the date when the agreed payment period expires.
Limitation of action for arrears of payment:
1. The limitation of action for default in payment is two years.
2. If the date of payment is indicated in the IOU, the limitation period of action shall be counted from the date indicated.
3. If the repayment date is not specified, the limitation of action shall be calculated from the day after the debtor issues the iou.
4. If the debtor reissues the IOU that exceeds the limitation period of payment dispute, the limitation period will start again.
To sum up, if the enterprise is often in arrears, the enterprise can solve it through negotiation, arbitration and litigation. If it is a lawsuit, we should pay attention to the limitation of action.
Legal basis:
Article 3 13 of the criminal law
The crime of refusing to execute the judgment or ruling is capable of executing the judgment or ruling of the people's court, and if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine.