Step 1: Case review
1. Collect and sort out case materials and debt documents.
2, review the legal evidence of the case
3. Preliminary analysis of the case
Step 2: Litigation or arbitration
1. Investigate the debtor's assets
2. Keep the executable assets.
3. Reach an out-of-court settlement with the debtor on behalf of the customer.
4. Acting as an agent in court mediation and trial.
5. Report the progress of the case
Step 3: Case execution
1, urging the debtor to perform the judgment.
2. Investigate the debtor's executable assets
3. Apply for and cooperate with the court for compulsory execution.
4. Assist in evaluating the auction of non-cash assets.
Step 4: Close the case.
1. Recover all or part of the arrears and solve the problem of account arrears.
2. Obtain the proof of internal and external offset.
1. What are the non-litigation debt collection methods?
1, telephone reminder
Telephone reminder plays a very important role in the process of collecting accounts. However, its effect largely depends on what kind of people are using it. Telephone dunning personnel should have the following conditions: professional knowledge (contract, payment terms, rights and obligations of suppliers and customers, etc.). ); Skills (steps, intonation, mastery of temperature, etc. ); Power (right to negotiate with customers, right to discount debts, right to decide to stop supplying goods to debtors and stop selling on credit, etc.). ).
Collection personnel should receive corresponding training, and enterprises should be clear about their responsibilities and powers.
2. Written reminder (including fax)
It is most formal to remind accounts by letter. A clear message must be sent to debtors that they need to pay at the agreed time.
First of all, the words should vary from customer to customer, or be harsh or euphemistic;
Secondly, written reminder is often an effective measure to interrupt the limitation of action, or a pre-procedure to terminate the contract;
Thirdly, if it needs to be used as evidence for future litigation and arbitration, it should be delivered in a way that can be proved, such as asking the other party to sign for it or using postal express.
3, face-to-face collection
For debtors with heavy debts, it is very valuable to use face-to-face visits to collect debts.
What kind of people in the company are suitable for face-to-face debt collection should be considered clearly. And carry out necessary training.
4. Ask for confirmation letter and written payment plan.
In the process of collecting accounts, it is very important to obtain a written confirmation of customers' debts or ask the other party to provide a written payment plan. Written confirmation and payment plan will play a vital role in the future collection of arrears through legal or other severe means. And the sooner you get a written confirmation or payment plan, the better, because as the dunning means become more and more severe, it becomes more and more difficult to get it. Moreover, under special circumstances, the debtor may change personnel during the dunning process. If we can get such written confirmation earlier, it will be much easier to make a dunning.
Second, how to collect debts through litigation
Legal litigation arbitration is the last effort made by the supplier to recover the debtor's debts. Several aspects that should be paid attention to in legal proceedings.
1, preparation before litigation
First of all, it is necessary to confirm that the performance objection raised by the debtor has been resolved to avoid facing the debtor's related defense 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. At the same time, with the assistance of lawyers, we should obtain sufficient evidence, including accurate information of the debtor.
2. Litigation preservation
Applying to the court for litigation preservation of the defendant's movable or immovable property is an important way to ensure the rapid execution of the judgment.
3. Litigation costs
Legal litigation fees mainly include two parts: legal fees and legal fees. Legal fees are paid to the court, and if the case is completely won, the defendant will bear it; If the case is lost, it shall be borne by the plaintiff; If each side wins or loses, it will be shared by both sides. Lawyer's fees are paid to lawyers. Attorney's fees are generally borne by us, but some cases can also be borne by the other party.
4. Execution of judgments
It is a common problem that the judgment is difficult to execute. Many judgments of the people's courts cannot be executed in time, and many judgments have even been shelved. The main reasons include insufficient enforcement, indifference of citizens and enterprises to court decisions, local protectionism, insufficient assets of debtors and debtors abroad. If the debtor refuses to pay despite the judgment of the court, the creditor may apply to the court for enforcement. In order to ensure the enforcement of the judgment, it is best for the creditor to know in advance where the debtor owns movable or immovable property.
legal ground
People's Republic of China (PRC) Civil Procedure Law
Article 223 After accepting the application, the people's court shall examine the facts and evidence provided by the creditor, and if the relationship between creditor's rights and debts is clear and legal, it shall issue a payment order to the debtor within 15 days from the date of acceptance; If the application is not established, the ruling shall be rejected.
The debtor shall pay off the debt within fifteen days from the date of receiving the payment order, or file a written objection with the people's court.
If the debtor fails to raise any objection or perform the payment order within the period specified in the preceding paragraph, the creditor may apply to the people's court for compulsory execution.
Article 224 After receiving the written objection raised by the debtor, the people's court shall rule that the supervision procedure shall be terminated and the payment order shall automatically become invalid if the objection is established after examination.
If the payment order becomes invalid, it shall be transferred to the proceedings, except that the party applying for the payment order does not agree to bring a lawsuit.