What legal skills should be paid attention to in recovering arrears? First, the statute of limitations. The general limitation of action stipulated in the Civil Code is three years. If the creditor does not claim the creditor's rights within the limitation of action, the legal right to win the case will be destroyed. In other words, if a creditor files a lawsuit after the limitation of action, his claim will not be supported by the court. Accounts receivable with an age of more than three years that are suitable for litigation must be prosecuted in time. If it is not suitable for prosecution for the time being, it is also necessary to keep written evidence of the interruption of the statute of limitations. When we recover the payment, we should send more written dunning letters to the debtor and try our best to persuade the debtor to sign for confirmation. In other places, evidence can be obtained by telegraph, so as to make the debtor write more written IOUs or repayment plans, which not only achieves the purpose of interrupting the limitation of action, but also prepares sufficient evidence for the lawsuit. For accounts receivable that have exceeded the limitation of action, strive to reach a new agreement with the debtor or let the debtor issue new repayment terms to form a new creditor-debtor relationship. 2. Ask the debtor to provide a guarantee. The guarantee is a credit guarantee, which requires the debtor to provide the credit guarantee of relevant companies acceptable to the Bank and issue a written guarantee. When a lawsuit is filed, the guarantor may be listed as a co-defendant, and the guarantor shall be jointly and severally liable for the debtor's debts. Some debtors offer to pay debts in kind, but creditors often can't accept it, either the kind is useless or the cost of paying debts is too high. But we can take the form of mortgage or pledge. What is secured by real estate is called mortgage; It is called pledge to guarantee with movable property or rights. Mortgage (pledge) is not the same as paying off debts. The purpose of setting mortgage (pledge) is to ensure that creditors exercise the priority of compensation. Once the mortgage (pledge) is set on the collateral, the owner of the collateral cannot dispose of it at will, which limits the circulation of the collateral. Once a lawsuit is filed in the future, the creditor may apply to the court for sealing up, auctioning or selling the mortgaged (pledged) property and get priority compensation. Even if the debtor goes bankrupt, the creditor who accepts the mortgage (pledge) guarantee still has the priority to be paid for the mortgaged (pledged) thing over other ordinary creditors. The mortgage (pledge) of certain things must be registered, otherwise it will be invalid. With real estate or land use rights, vehicle mortgage, respectively, in the land, real estate management department, public security vehicle management department registration; The pledge of equity shall be recorded in the register of shareholders of the company; Pledge the property rights of trademarks, patents and copyrights and register them with the Trademark Office, the Patent Office and the Copyright Bureau respectively. Mortgage (pledge) is invalid because it is not registered, and we have suffered a lot in this respect. Third, find out the debtor's industrial and commercial registration, and seize every civil liability subject who should bear the debt. Industrial and commercial registration is a true record of the establishment, change and termination of an enterprise. We need to find out the capital contribution of the debtor's start-up unit or shareholders and verify whether the registered capital (called paid-in capital in finance) is in place. Where a shareholder or start-up unit makes false capital contribution, it shall be jointly and severally liable for the debtor's debts with the part of false capital contribution or withdrawing capital contribution. For an unincorporated enterprise as a legal person, if the registered capital contribution does not reach the minimum amount stipulated in the Regulations on the Administration of Registration of Enterprise as a Legal Person, the start-up unit shall be liable for all its debts. 4. Find out the debtor's assets. Our comrades chasing money must have a high degree of professional sensitivity and check the debtor's assets through various channels and means before submitting them to the court for seizure and freezing in litigation. To collect debts at home, you should remember the debtor's license plate number, office address and dormitory number, verify the ownership and mortgage of the debtor's vehicles and real estate at the vehicle management, land and real estate departments, and inquire about the subordinate enterprises operated by the debtor at the Industrial and Commercial Bureau. In litigation, the equity invested by the debtor abroad can also be sealed up and auctioned. We try our best to consult the debtor's financial statements, audit reports, evaluation reports or detailed accounts of fixed assets. It is worth noting that if we have conclusive evidence to prove the debtor's receivables, we can also apply to the court to seal up the debtor's foreign creditor's rights in litigation, and the debtor of the debtor will pay off the debt directly to us, which is called subrogation in law. For the debtor's assets, it is easy to ignore its intangible assets, including the property rights in trademarks, patents and copyrights, and the auction can be sealed up. Fifth, do a good job in property preservation measures. Every single collection case we handle, without exception, we have to apply to the court for preservation measures, that is, to seal up the debtor's assets before the court decides. Whether the judgment can be executed smoothly depends largely on the success of the preservation measures. Doing a good job in property preservation measures is also based on the above-mentioned identification of debtor's assets. Generally speaking, the seizure of the debtor's assets before the judgment will often put pressure on the debtor, forcing the debtor to take the initiative to repay or settle, because if the debtor's assets are disposed of by auction in the execution procedure, the debtor will suffer greater losses. In addition, if the legal representative or person in charge of the debtor is a person from Hong Kong, Macao and Taiwan or a foreigner, he may apply to the court to detain his passport, home visit and other entry and exit documents. According to our judicial practice experience, this measure is more effective than civil detention, and you can't leave the country without paying off your debts during the execution procedure. Sixth, use the payment order to recover the money. The civil procedure law stipulates the supervision procedure. If the relationship between creditor's rights and debts is clear and there are no other debt disputes, the creditor may directly apply to the court for a payment order without prosecution. The above is the relevant content summarized by Bian Xiao. If you still have relevant legal advice or other things you don't understand, you can call an online lawyer to answer. The expertise of a lawyer can help you.
Legal objectivity:
People's Republic of China (PRC) Civil Procedure Law
Article 123
The prosecution shall submit a complaint to the people's court, and submit copies according to the number of defendants. If it is really difficult to write a complaint, it can be made orally, which will be recorded by the people's court and the other party will be informed.
People's Republic of China (PRC) Civil Procedure Law
Article 125
Where mediation is applied to a civil dispute brought by a party to a people's court, mediation shall be conducted first, unless the party refuses to mediate.
People's Republic of China (PRC) Civil Procedure Law
Article 22 1
Where a creditor requests the debtor to pay money or negotiable securities and meets the following conditions, it may apply to the grassroots people's court with jurisdiction for a payment order:
(1) There is no other debt dispute between the creditor and the debtor;
(2) Payment orders can be served on the debtor.
The application shall specify the amount of money or securities required and the facts and evidence on which it is based.