I'm dizzy! Why can many unscrupulous companies survive in society now, and many bankrupt companies are people who owe money to banks?

How to collect debts in a modern legal society is a hot topic. For small and medium-sized enterprises, it is also a key issue related to their survival and development. 1。 To collect debts, we must first know how to escape. There is no distinction between high and low occupations and high and low debts. Many famous entrepreneurs in modern times are experts in debt evasion. Some people escaped brilliantly and professionally. Even if you owe most of your debts, people may be grateful to you for paying you back. Zhuhai Giant Group is such a typical example, which is also the highest realm of debt evasion. The other belongs to the type of "civet cats for princes". For the goods you send, let the employees of the enterprise sign for them. After some time, the man was fired. When you come to the door, he turns against you and says he won't receive the goods at all. There's nothing he can do. There is another kind of person who cries poverty every day and gives you a little if he is in a hurry. They always drag you like this. There is also the most rogue debt evasion. You don't want money, you're dead. I ran away when I really couldn't. 2。 Knowing the way of debt dodgers is only the first step in debt collection. Using legal weapons to collect debts is a last resort for enterprises, and it is best to nip in the bud. Taking precautions as much as possible is the highest goal of debt collection for enterprises. When an enterprise has business dealings, knowing the credit status of the other enterprise is the basis of business development. To understand the credit status of the other company, we must first investigate the industrial and commercial registration information of the other company. It is necessary to know the credit status of the other company. When inquiring about industrial and commercial registration information, some industrial and commercial bureaus not only provide simple registration information, but also provide detailed annual review and enterprise change information, which is an important channel to understand the credit status of enterprises. Only by combining this information with field investigation and comprehensive understanding of enterprises can we truly understand the credit status of enterprises. 3。 Preventing evasion of debts, checking industrial and commercial registration information is the basis, and field visits are the key. On-the-spot investigation is a particularly effective method for production enterprises, but in some places, collusion between officials and businessmen is very serious, and the usual risk prevention means simply do not work. I represented such a case. A foreign merchant cooperates with a local government to set up a large-scale equipment factory, and uses the land granted by the local government to build a factory. This construction project is funded by the construction team. After the project is completed, we use the factory building to finance the lease of equipment, solicit business from my customers and provide equipment. There are more than 100 small suppliers like this, and the payment method is 60 days at the end of the month. Several hundred thousand yuan of goods were supplied, but the other party only paid several tens of thousands of yuan, and there was no payment at all. After the prosecution, the court ruled that the equipment manufacturer paid the arrears, but the other party had no property to enforce. The equipment and factory buildings are mortgaged, and the construction team and suppliers ask them for money every day. The local government wants us to find foreign businessmen, who have already patted their asses and ran away. When we asked the court to sentence the other party to bankruptcy liquidation, the court delayed filing the case. We know that the court is under pressure from the local government. In the face of this collusion between government and business, the usual preventive measures are of no help. Therefore, when enterprises know that the other party has a government background, they should know more specifically the role of the government in it and be cautious. 4。 After investigating the credit status of the enterprise, the next step is how to sign the contract. Some enterprises do not attach importance to the contract, and think that it is enough to find someone to solve the accident. This idea is wrong. China's legal system construction is not perfect, and there is indeed a phenomenon that "finding someone" is sometimes more useful than a contract, but "finding someone" also costs money. If you make an agreement that is beneficial to the enterprise at the beginning of the contract signing, it may be more economical and effective than "finding someone". Economic disputes in modern society are inevitable. We must resolutely take legal action to solve customers' debts. Don't delay the verbal commitment of the other party just because the amount is small. It is useless for the other party to take legal action after transferring assets. We have accepted many cases of payment disputes, and many cases in which the payment cannot be recovered are caused by the parties' "appeasing and nurturing traitors". Before going to court to sue, it is also a method that can be considered to send a lawyer's letter to the other party to shock the other party's law and achieve the goal of defeating the enemy without fighting. When bringing a lawsuit to the court, the legal fees shall be borne by the losing party, but the plaintiff must pay in advance. After the court decides to win the case, sometimes the debtor will lose money because he has no executable property. In this case, applying to the court to seal up and freeze the debtor's assets has quickly become the key to successful debt recovery. The first step in litigation is to ask the court to seal up or freeze the assets of the other party. After the case is concluded and the court seals up the other party's property, the enterprise should fully prepare the materials and actively respond to the lawsuit so that the judgment can protect the legitimate interests of creditors as much as possible. Only when the evidence is sufficient can the court support the creditor's claim. In the litigation stage, according to the provisions of China's civil procedure law, the first trial is generally half a year, the second trial is three months, and the second trial is the final. It is the debtor's usual practice to transfer assets through trial and delay time. Moreover, although the Civil Procedure Law stipulates that the longest trial period should not exceed half a year, the court often exceeds the time limit for various reasons. We have an economic dispute case and the presiding judge changed hands. Since 2000, this case has not ended yet. Faced with the problem of court prescription, the parties can also agree to solve the problem through arbitration at the beginning of signing the contract, and clearly stipulate the place of arbitration and the arbitration tribunal. Once the arbitration award takes effect, it does not need to go through the second trial, and the time is fast. In addition, arbitration is internationally recognized and can be applied for enforcement all over the world. 6。 After the judgment comes down, it is to apply for execution. Execution is the ultimate embodiment of litigation value. A successful judgment is meaningless to the parties if it cannot be executed. For individuals, the application for execution is valid within one year after the judgment is won, and for enterprises, the application for execution is valid within six months after the judgment is won. If you do not apply for enforcement within the statutory time limit, you will lose the right to apply for enforcement. This happened in Shanghai, where a lawyer won an economic dispute and got the verdict back from the court. Because of many things, he forgot to tell the parties and did not apply for enforcement. When he found out, the enforcement period had passed and he could not apply for enforcement. More than 400,000 won cannot be recovered. The client took the lawyer to court in a rage. Although there are not many such things, as creditors, we should also pay attention. The above is the general procedure of using legal weapons to collect debts, but there are also some non-legal means to collect debts. In most cases, the company will hand over the task of catching up with employees, and employees are generally responsible for business. If you get it back, you will get a prize, and your salary will be paid in full, and there may be a commission; If you can't catch up, your salary and bonus will be gone, and you may leave. This makes some salespeople feel a lot of pressure. In this case, some clever salesmen have also summed up a set of methods, that is, pestering and beating. The key is to be kind-hearted, stand firm, and don't give up until you reach your goal, often with good results. Some debts are "goodwill". The reason why it is "goodwill" is mainly from the perspective of motivation. His purpose is not to rely on your money. Some dealers deliberately owe debts to enterprises in order to bargain with enterprises and strive for better treatment, such as stronger support, shorter supply cycle, longer settlement cycle, more preferential policies, and so on. In this case, the enterprise should clearly distinguish what the other party's intention is, or is it intentional breach of contract? Or do you want something else? Then take targeted measures, generally will achieve good results. In this regard, the salesman in charge of clearing debts should do a good job of communication between dealers and manufacturers, which is the key to the success of clearing debts. Debt collection is a science, and some people even figured out when to call for debt collection. The time they proposed was around 3: 30 pm. Why is it around 3: 30 in the afternoon? The reason is that the general business rule is busy in the morning and businessmen are generally in a good mood when counting money in the afternoon. When people are in a good mood, debt collection will certainly have more opportunities to be accepted. It should be noted that try to avoid calling to collect debts at the other party's meal time. Except breakfast and dinner, the average person's lunch time is roughly from 1 1.30 to 2 pm. People who do business have many guests. Invite them to have a meal, chat and drink at noon, usually until around 2 pm. Then take a lunch break, wake up and wake up, usually around 3: 30 in the afternoon. At this time, it is best to call for debt collection. This analysis is reasonable, especially in the south, because of the climate, many people have the habit of taking a nap, so try to avoid disturbing each other at this time. It is always unpleasant to have a good dream disturbed, and it is certainly difficult to get the debt back when the debtor is depressed. Of course, there are exceptions, that is, you use the "harassment debt collection method", but this debt collection method is not necessary. You've tried everything. There's really nothing you can do. Please try not to use it, because it is easy to push each other to the opposite side. If you are a supplier, you should always know about the sales of dealers. Generally speaking, after you supply the goods, it is best to pay off the debt when the other party sells the goods to 80%, because first, the other party has money at this time, and second, the other party will consider whether to cooperate with you at this time, which is his hesitation period. In this case, however, if you insist on asking for money, he will settle part of the payment with you. When the goods are sold out, he may transfer the money to other uses or think your goods are not good, or he has a new goal, and he may have made up his mind not to do it with you. At this time, it is more difficult for you to ask for money. If you want to collect debts smoothly, you should care about customers and know each other's business as much as possible, especially their purchase cycle and settlement cycle. This will ensure that you are one step ahead of other companies and ask for money from each other when they have money. There are many reasons why enterprises are in debt. Some enterprises regard intentional debt as a means of operation, with the purpose of occupying each other's funds for their own turnover. But most enterprises are in debt because of financial difficulties. In this case, you get the money first, and others can only wait for the next bus. Communicate with your customers frequently, not only with their bosses and department heads, but also with their financial and business personnel. As long as it is related to your future debt collection, you should get on well with them and show respect. It is wise to plan ahead. We often see such a situation: a dead person is easier than a child. In a situation, you encounter quality problems or other disputes when collecting debts. At this time, you can ask the other party to pay the part of the payment that is not problematic and controversial. Attention should be paid to the steps of debt collection, which should be consistent, continuous and loose and tight. It is taboo to collect debts before a building is built. It is best to make a comprehensive debt collection plan. Sometimes when you encounter uncollectible bad debts, or the other party's attitude is outrageous and unreasonable, you must be cautious when considering asking social "professional" debt collection companies (some people in Hong Kong, Macao and Guangzhou call them debt collection companies) to help you collect debts. Because first of all, such companies are illegal in Chinese mainland. In addition, there are some debt collection companies in the name of business consulting companies with poor credibility, and some have underworld backgrounds. Be careful not to repay the debt, which will lead to other troubles, and the loss will outweigh the gain. We once had a customer who was owed money, and there was no asset in the other party's name. The asset had already been transferred by him. This side considers that if you go to court according to normal legal channels, even if you win the case in the end, you may not get a penny back. But he knows that the other party is actually rich, and he just wants to stay out of debt. In this way, he found a business company behind his lawyer's back to get back the money and gave the business company tens of thousands of dollars in "travel expenses." After more than a month, the business company replied to him: the other party has no money! It's over. The client spent tens of thousands of dollars and finally got only one sentence.