How to collect debts?

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, but some of them escape very well and professionally. Even if you owe most of your debts, people will be morally grateful to you for paying them back. Zhuhai Giant Group is a typical example of this kind of people, which is also the highest realm of debt evasion. There is also a class of people who are ostensibly the helm of state-owned enterprises. In fact, they start a new stove, make their own money, and the public loses money. State-owned enterprises lose money and are gloriously laid off, so the state will bear it. This is also dubbed "the last supper of socialism"; There is also a 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 also a person who evades debts, calling for poverty every day, and giving you a little when he is in a hurry, always dragging you like this; There is another kind of people, who should be the most rogue in debt evasion. If they don't want money, they will die. If they really can't, they will run away. It is not very comprehensive and accurate to divide the people who evade debts into the above five types, but it also basically summarizes the types of debt evasion. Understanding that debt evasion is only the first step in debt collection. You often walk by the sea. Do you have wet feet? Debt dispute is the product of modern market economy. In the era of planned economy, there is no need to worry about the other party's non-payment or non-repayment. It's all national collective money. What is there to pursue? It's just that the left pocket is put in the right pocket, so the money at home doesn't need to be divided, which has little impact on the enterprise. Therefore, in the era of planned economy, as long as enterprises are registered in the industrial and commercial bureau, their production and sales tasks will be planned by the state, and there is no motivation or pressure for enterprises to operate. Enterprises should guard against evading debts, just to guard against fraudsters. As long as it is not fraud, it is the responsibility of the state to earn more and earn less, and it is also the arrangement of the state to pay or not. Before signing the contract, the enterprise will check the business license of the other party, and everything will be all right, and at most it will be witnessed at the local industrial and commercial bureau. With the economic transformation of China, from a planned economy to a market economy, the state does not arrange production tasks or sell products. How to produce and sell products is an enterprise's own business. Enterprises still follow the practice of the planned economy era, and sometimes they will suffer big losses. Many seemingly beautiful enterprises have actually suffered a lot. If they only believe in the registered capital of 105 million yuan or the dazzling aura of the enterprise, they will be dragged into the bottomless abyss. Therefore, under the condition of modern market economy, how to follow the rules of market games and arm yourself with legal weapons is the key to the survival and development of enterprises. Debt collection with legal weapons is the last choice for enterprises. The highest goal of debt collection is for enterprises to take precautions and do preventive work as much as possible. When an enterprise has business dealings, knowing the credit status of the other enterprise is the basis of business development. For a dishonest company, no matter how high the profit is, the enterprise will not do business with it. 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. Enterprises with industrial and commercial registration may not be able to do so, and enterprises without industrial and commercial registration must not. 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 aspect of understanding the credit status of enterprises. Only by combining this information with field investigation and fully understanding the enterprise can we truly understand the credit status of the enterprise. To prevent debt evasion, checking industrial and commercial registration information is the basis, and field investigation is the key, which is also an effective method for production enterprises. In China, where the construction of market economy is still in the primary stage, the usual risk prevention measures are powerless, which is also the fifth category mentioned above. I have represented such disputes. A foreign merchant cooperated with the local government to set up a large-scale equipment factory, and used the land granted by the local government to build a factory. The construction team paid for the project. After the completion of the project, the workshop was used to finance the lease of equipment to attract my customers' business and enable my customers to supply equipment. There are more than 100 small suppliers like my customers, and the payment method is 60 days after the end of the month. Hundreds of thousands of goods were supplied, and they only paid tens of thousands of yuan. There is no pay at all. After we sued, the court ruled that the equipment manufacturer had to pay for the goods, but there was no property enforcement. The factory has been mortgaged, and construction teams and suppliers ask them for money every day. The local government asked us to find foreign businessmen, who have already patted their asses and ran away. In the whole process of debt evasion, the equipment factory established by foreign investors and the local government is legal, its scale and strength are also true, and its management mode is also in line with commercial practices. The factory does not say that it is not in debt, but admits that it has no money to pay and no property to execute. We demand liquidation, but it is impossible in China. In the face of this collusion between government and business, the usual preventive measures are of no help at all. The next step is to investigate the enterprise's credit standing, and how to sign a contract after the business is officially launched. At this stage, some enterprises attach great importance to contracts and realize the great role of contracts in economic business. However, some enterprises still don't pay much attention to the contract, thinking that the contract is dispensable and someone can solve it. This idea is actually very wrong. China's legal system construction is not perfect, and there is indeed a phenomenon that "finding someone" is more useful than the contract, but this may have some effect in the case of a controversial contract, but "finding someone" also costs money. If you make an agreement that is beneficial to the enterprise at the beginning of signing the contract, isn't it lower than the cost of "finding someone"? Attach importance to the contract and defeat the enemy without fighting! In modern economic society, economic disputes are inevitable. For customers' debts, we must resolutely take legal measures to solve them. Don't delay them because of the small amount and the verbal commitment of the other party. It is useless for the other party to take legal action after transferring assets. The author has accepted many cases of payment disputes, and many cases in which payment cannot be recovered are mostly caused by the connivance of the parties. When asking for money from the debtor, it is often because the debtor's delaying tactics eventually fail. The first step of debt collection must be firm, and the debtor must never be lucky. Of course, you can also send a lawyer's letter to the other party before going to court to shock the other party's law and win without fighting. When a lawsuit is brought to the court, the court will charge legal fees, which will 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. The key to successful debt recovery is to seal up the debtor's assets quickly. Lawyers represent enterprises in litigation. According to the situation of the other company, the first step in litigation is to seal up the other party's property. Only by solving the fear that the legal judgment will become a legal blank can we really achieve our goal with legal weapons, otherwise the wolf will come and the child will be lost! Last year, the author represented a bank guarantee contract dispute. The debtor is a Hong Kong citizen, and he borrowed money from the bank to buy a house. Later, affected by the financial crisis in Hong Kong, property prices plummeted. After the debtor's property was recovered by the bank, he still owed the bank more than 2 million yuan. The author sued the debtor and guarantor on behalf of the bank. As soon as we filed the case, we applied to seal up the guarantor's property and company shares. The guarantor realized that the lawsuit was not good for him and took out the money. Finally, the two sides reconciled. After completing the case and sealing up the other party's property, it means fully preparing the materials and actively responding 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 a common practice to use the trial time limit to transfer assets and delay time to avoid debts. The procedural law stipulates that the first trial will last for half a year, but the court often exceeds the time for various reasons. The author has an economic dispute case, and the presiding judge changed hands. Since 2000, this case has not ended yet. In the face of the court's delay, the parties can also stipulate arbitration settlement in the contract, clearly stipulate the arbitration place and arbitration tribunal, and the arbitration will take effect without a second trial, which is quick in time. In addition, arbitration is internationally recognized and can be applied for enforcement all over the world. After the judgment comes down, it is to apply for execution. Execution is the embodiment of litigation value. If a successful judgment cannot be executed, such a judgment is meaningless to the parties. The time limit for executing the application is one year for individuals and half a year for enterprises. 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. After winning an economic dispute lawsuit, a lawyer got back the verdict 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 time 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 pay attention to them. The above briefly introduces the general procedure of debt collection with legal weapons, which is the procedure of debt collection in a modern society ruled by law, but there are also some non-legal means of debt collection. There are many "debt collection companies" in Hongkong and Macau, but in China, it is still illegal. At present, some "debt collection companies" in the name of business consulting companies have poor credit standing, and some have underworld backgrounds. For uncollectible bad debts, we have to find a "debt collection company", and enterprises need to be more cautious.