With their own legal knowledge, lawyers know how to investigate and where to start, so as to improve work efficiency and ensure the accuracy and effectiveness of investigation materials. And relying solely on the payee's own investigation will often have no clue and I don't know where to start. Some people's hard-earned materials are unconvincing and useless, wasting time and energy.
The following is an example of a lawyer successfully collecting money.
In 2005, a food processing factory (hereinafter referred to as the food processing factory) and a food research institute (hereinafter referred to as the research institute) reached a patent use agreement. According to the agreement, the institute will transfer its patented technology of "flour fermentation" to a food processing factory for five years. In these five years, the food processing factory should pay the patent license fee of 6,543,800 yuan, 300,000 yuan and 200,000 yuan to the Institute every year, and it is agreed to pay it on June+10/October 654.38+ 0. In 2005, according to the agreement, the institute transferred the patented technology to the food processing factory on schedule, and sent commissioners to the food processing factory to help train workers. But the food processing factory didn't keep its promise. After paying 654.38 million yuan in the first year, the second phase in 2006 has not been paid. In 2007, the food processing factory didn't even pay for the second phase, let alone the third phase. The institute sent people to urge it many times, and the food processing factory always said that because the products have not yet opened the market, the business situation is not good, and there is no extra money to pay the patent license fee. However, it promised to pay before May 2008 1, together with the expenses of the second and third phases. The institute saw that the other party really had no money to pay, so it had to wait.
However, while the Institute was waiting for the arrival of May 1, the food processing factory transferred this patented technology secret to several other food processing factories at a high price and helped them train workers. When the research institute sent someone to make money again, the leader of the food processing factory said, "How dare you make money? If only we didn't ask you to compensate for the loss. You transferred the patent to others without authorization, which led to intensified market competition and we suffered huge economic losses. " Say nothing and pay the patent license fee of the institute.
In the face of this statement of food processing plants, the institute is also helpless, but it can't just let the food processing plants go, which will not only cost hundreds of thousands, but also damage the reputation of the institute and affect its future development. At this time, a researcher at the Institute suggested that one of his college classmates, Li Gang, is now a lawyer and specializes in intellectual property law, which may be helpful to this matter. The Institute immediately contacted Li Gang, who promised to help the Institute. Li Gang thoroughly understood the situation between the research institute and the food processing factory, and found out that the food processing factory maliciously "transferred" patents to avoid debts. Li Gang immediately decided to file a lawsuit against the food processing factory in the name of the institute. In court, Li tried to evade the debt of the food processing factory, not only "transferring" the patent of the research institute to others privately, but also biting back. He asked the food processing factory to pay the patent license fee and compensate the institute for its economic losses.
After trial, the court finally ruled that the food processing factory must unconditionally repay the patent license fee of 500,000 yuan for the two years after the research institute, and compensate the research institute for the loss of 500,000 yuan caused by its arbitrary transfer of this patent to others, totaling 6,543,800 yuan, which must be delivered to the research institute within half a month after the judgment takes effect.
The appearance of Li Gang has turned the Institute's creditor's rights and debts around. As an investigator, he first learned the cause of the dispute, then as a mentor, he gave specific instructions on how to solve the dispute, and finally as an agent, the dispute was successfully solved.
If collection is described as a war, then lawyers are the core figures in this war. They have multiple identities and play an important role in successful collection. Having a lawyer means having more legal protection, which can better escort the legal and successful collection. The specific operation methods of lawyer assistance mainly include the following aspects.
(1) Clean up the accounts, find out the debt base, and analyze the causes of debt formation. The lawyer accepts the entrustment of the client, serves as his perennial legal adviser or is responsible for a collection work, and finds out the basic situation of the client's creditor's rights and debts through auditing. The amount of creditor's rights and debts provided by the parties to lawyers is often different from the amount of creditor's rights and debts receivable according to law. For example, in the amount provided by the parties, most of them only include the amount owed, and do not calculate direct losses, liquidated damages, interest losses and other amounts. Auditing accounts and finding out the base of creditor's rights and debts is a complicated work, which can not be completed by a lawyer alone, and often requires the active cooperation of the accountants of the parties to achieve better results. There are many reasons for the formation of debt, and lawyers can only analyze the reasons for the formation of debt on the basis of clearing accounts and find a breakthrough in collecting money.
(2) A letter urging lawyers to state the creditor-debtor relationship and legal basis to the relevant units in the form of a lawyer's letter. This can prompt many debtors to fulfill their obligations voluntarily. Letters and telegrams also play an important role: for debt disputes that will exceed the limitation of action, letters and telegrams sent in the name of lawyers and payees become legal facts that hinder the limitation of action, and the limitation of action of this debt dispute is recalculated from the time when the letters and telegrams are sent. This can effectively prevent the payee from losing the "right to win the lawsuit".
(3) signing a debt settlement agreement. Lawyers can sign a debt settlement agreement with the debtor instead of the payee, which can enhance the debtor's awareness of debt repayment. In the case that the relationship between rights and obligations in the original contract is unclear or there is a dispute in the oral contract, it is preferable to sign a settlement agreement. This not only clarifies the rights and obligations of both parties, but also provides evidence for future litigation. The signing of the debt settlement agreement makes up for the mistakes of the payee in the purchase and sale activities, and turns the creditor's rights that may become dormant accounts into living accounts, so that the payee can avoid major economic losses.
(4) Transfer of Creditor's Rights For those chain debts involving multiple parties, lawyers will gather multiple parties to negotiate and mediate, and settle multiple debts at one time through the transfer of creditor's rights.
For example, Company A owes Company B RMB 654.38+million, Company B RMB 654.38+million and Company C RMB 654.38+million. For this kind of chain debt, it can be negotiated that Company A will repay Company D with RMB 654.38+million, that is, Company B will transfer the creditor's rights to Company C, and Company C will transfer the creditor's rights to Company D, thus solving this multi-party debt once and for all. Transfer of creditor's rights is indeed a good way to break the debt chain.
(5) Lawyers of both parties cooperate with mediation. This is to use the professional characteristics of lawyers, and the attorneys of both creditor and debtor cooperate with each other to mediate debt disputes. In debt disputes in which all parties are represented by lawyers, the mutual cooperation and cooperation of lawyers often become an important factor in resolving disputes. Through contact, negotiation and consultation between lawyers of all parties, it is far easier than communication between parties. Lawyers use laws and evidence to fight for the legitimate interests of their clients. Only when they reach an agreement with all parties and get the approval of the parties can the dispute be satisfactorily resolved.
(6) bring a lawsuit. For those debt disputes that are deliberately defaulted and cannot be resolved after repeated reminders, they can resort to the court. Lawyers play a very important role in solving debt disputes.