1. What are the risks of hiring a debt collection company to collect debts?
Enterprises employ "debt collection companies" to collect commercial accounts, which will inevitably lead to the following legal risks:
1. Risk of non-compliance.
Legal operation is the legal obligation of enterprises. No matter what appearance "debt collection company" appears, no matter how it collects commercial accounts, the nature of its illegal operation "debt collection" has not changed. Therefore, it is illegal for enterprises to outsource the collection of commercial accounts to "debt collection companies".
2. The risk of "* * *".
Although most enterprises sign investigation, consultation or entrustment contracts with "debt collection companies", it will be indicated in the contract that only "debt collection companies" are authorized to investigate debtors and collect debts within the legal scope. However, the most common means of debt collection by debt collection companies are threats and intimidation. Under the current legal framework of our country, threats and intimidation are illegal acts and may even violate the criminal law. When the criminal law is violated, it can be recognized that the person directly in charge of the enterprise has a legal relationship with the debt collection company, and then it can be punished as a * * * offender. Even if the enterprise is not accused of "* * *" by then, the moral image, brand and reputation of the enterprise will inevitably be damaged to some extent.
3. Risk of loss of control of creditor's rights.
"Debt collection companies" are mixed, and the general quality of business personnel is not high. Some enterprises often trust debt collection companies and give them some key creditor's rights certificates, leaving great hidden dangers. In this regard, due to lack of personnel awareness, the creditor's rights certificate is lost; There are cases where "debt collection companies" take the initiative to settle with debtors after obtaining creditor's rights certificates, which greatly damages the legitimate rights and interests of creditors; There are also cases where the business personnel of "debt collection companies" take part of the cash from the debtor with the creditor's rights certificate and abscond with the money.
4. Bring risks to creditor's rights litigation.
The ultimate solution of debt disputes is litigation or arbitration (that is, "litigation"). The result of "lawsuit" is directly related to whether the evidence is true and sufficient. Because the business personnel of debt collection companies do not have professional legal knowledge, they do not know or will not help creditors to collect, supplement and improve the evidence related to creditor's rights and the evidence related to the extension of the limitation of action in the process of debt collection. Therefore, for the creditor's rights entrusted to the "debt collection company", either the court rejects the prosecution on the grounds that the statute of limitations has expired, or the court rejects the creditor's claim on the grounds that the evidence to prove the creditor's rights is inaccurate and insufficient. In short, the use of "debt collection companies" to collect debts and claims may bring great legal risks to enterprises.
The correct way:
1, that is, claiming creditor's rights from the debtor through legal channels by entrusting lawyers to safeguard legitimate interests.
2. The creditor's rights are sold to asset management companies at a discount (the four major asset management companies buy the company's creditor's rights and equity, etc.). ), which can save most of the legitimate interests.
Second, what are the legal procedures for debt collection?
(1) There are many procedures to recover arrears.
1, through the Economic Investigation Brigade of the public security department, the recovery of funds requires the other party to meet the characteristics of economic fraud.
By suing the court, the money is recovered through litigation. This situation requires some evidence. If there is no evidence, don't consider it.
3. You can entrust a third party, such as a team of professional lawyers, to collect the arrears.
(2) Whether it is necessary to ask a lawyer to make his own judgment to recover the arrears, the lawyer's fee is generally about 4-5% of the amount owed.
(3) Civil disputes can be summoned by public announcement. Those who fail to appear in court may be sentenced by default.