If the company owes money to the company, first of all, the heads of the two companies can negotiate repayment, which is also the preferred way to deal with the debt. When establishing a debt relationship between companies, they usually sign a contract. If you can't reach an agreement on repayment, you can write a complaint and bring relevant evidence such as the contract.
1. What should I do if the company owes money to the company? There are several ways to deal with debts between companies: (1) Negotiation When companies owe money and cannot repay it, the first choice is negotiation, which saves time and effort. (2) Payment Order Request for Payment Order refers to a legal document made by the people's court to urge the debtor to perform certain obligations according to the application of the creditor. There are certain conditions for issuing a payment order to the debtor: 1, requesting the debtor to pay money or securities; 2. The money or securities requested for payment have expired, the amount has been determined, and the facts and evidence on which the request is based have been stated; 3. Creditors and debtors have no other debts; 4. The payment order can be served on the debtor. (3) After the payment order is issued, if the other party has any objection, you can only choose. The lawsuit of the company's arrears is applicable to the ordinary procedure of civil first instance in China. Second, how to recover the company's debts (1) Business methods for recovering the company's debts 1. Demand payment. Telephone dunning personnel should have the following conditions: first, professional knowledge, such as contracts, payment terms, rights and obligations of suppliers and customers; The second is conversation skills such as steps, intonation, mastery of temperature, etc. 2. Ask for payment by letter. The advantages of letter dunning are: it is very formal to use letter dunning, and the most important thing is that letter is a very effective evidence of the interruption of the limitation of action. 3. Ask for payment by fax. The biggest advantage of fax is its high speed, which can let customers know your requirements in writing in the shortest time. 4. Ask for confirmation letter and written payment plan. Written confirmation and payment plan are more formal and can leave a deep impression on customers. In addition, written confirmation and payment plan will play a vital role in recovering arrears through legal or other severe means in the future. 5. Commercial punishment measures. Commercial punishment measures include: first, stop supplying. Stopping supply is not only a commercial punishment measure, but also a means to reduce credit risk. The second is to charge interest on overdue accounts. The interest on overdue accounts is generally stipulated in the sales contract, and the supplier has the right to collect it. (2) Legal methods for recovering the company's debts. Legal Action Legal action is the last effort made by the supplier to recover the debtor's debts. There are several legal ways to recover company debts: 1. Entrusting professional legal debt collection agencies (such as lawyers) to entrust lawyers to recover overdue accounts is a commercial punishment measure for suppliers and also a part of their final efforts. 2. Preparation of evidence before litigation. First of all, it is necessary to confirm that the debtor's complaint has been resolved and avoid facing the debtor's counterclaim in court. Secondly, it is necessary to confirm that the debtor has sufficient assets to pay off the debt, otherwise even if a favorable judgment is obtained, it will not be executed. 3. Litigation property preservation. Applying for litigation preservation of the defendant's movable or immovable property is an important way to ensure the speedy execution of the judgment. However, when applying for litigation preservation, you need to pay a certain amount of deposit. Recovering corporate debt is different from recovering personal debt, and the cooperation between them should be considered. We should adopt a more reasonable method when recovering debts, otherwise it will not only be difficult to recover the debts, but also offend the other company. Of course, if you owe a lot of money, you can make mistakes whether you are offended or not.
2. What if the employee fails to repay the company loan?
Legal analysis: if the debtor fails to repay the debt and the parties fail to negotiate, the creditor has the right to file a judgment to repay the debt with the people's court. Therefore, if an employee borrows money from the company and fails to pay it back, the company has the right to ask the employee to pay back the money through litigation, but it is up to the company to decide whether to file a lawsuit.
Legal basis: People's Republic of China (PRC).
Article 3 The people accept the provisions on property relations and personal relations among citizens, legal persons and other organizations.
Article 21 A civil action brought against a citizen shall be under the jurisdiction of the people in the place where the defendant lives; The defendant's domicile is under the jurisdiction of a person with a habitual residence. A civil lawsuit brought against a legal person or other organization shall be under the jurisdiction of the people where the defendant is domiciled.
Third, what if the company does not repay the loan?
Then before you borrow it, you should consider whether it is really as timely as he promised when he borrowed it. If you lend it to him knowing that he will break his promise to others, it only shows that you are too kind to refuse. In fact, don't think about getting it back before lending it out, so you can be more open-minded, or you will lose more because the lent money always makes you unhappy.