Trade Deception: Debt Collectors

First, we should take precautions against ourselves and win the battle. We should carefully choose partners.

Generally, large and standardized enterprises will provide a complete format contract.

For those partners who are sincere in cooperation but have not yet established a standardized process, enterprises should first start with their own norms.

When a partnership occurs, each link and step can be recorded in written form.

For example, when accepting an order, if the other party is unwilling to sign a contract, let the other party inform the contract by fax or letter. When shipping, you can also fax to the other party and ask the other party to sign it back. After shipment, the type, volume, quality, specific location, unit price and total price of the goods will be determined in writing.

Doing so will only make the other person think highly professional and feel relieved about the final shipment.

At the same time, faxes and letters can be used as an effective part of the contract.

Nowadays, enterprises are increasingly attaching importance to intellectual property rights. In this case, manufacturing enterprises must do their initial duty when accepting orders.

For example, ask the other party to issue written evidence, trademark certificate and copy of the patent certificate.

The lawyer reminded the lawyer that the IOUS is better than the receipt. If the other party gives the receipt or the IOUs, the "ious will be more advantageous than the receipt."

Xu Min lawyer said.

Because the date of receipt and the number of goods received, the quality of the goods is not clearly identified, which is likely to cause trouble in the future.

However, the amount of money owed on the IOUS is not related to the quality of the product.

When they are in arrears with each other, they are unwilling to give the IOUs, the production enterprises do not want to break the cooperative relationship.

For example, at what time and how much money owe the company, let the other party confirm the return.

Generally, accounts can be confirmed for more than a month.

All such data should be collate and put in a dedicated file for emergencies.

The second plan is: after fighting a debt dispute without fighting, the lawsuit is actually the bottom line of all the relief measures. Many people are trapped in the embarrassing situation of "winning the lawsuit, losing the market, losing the business".

Therefore, first of all, debt disputes should be clear. The purpose of enterprises is to get the maximum return with the fastest time and minimum loss.

The arrears of money can be divided into money and money, and there is a contradiction between the two sides.

There is no money to return to the situation, may wish to negotiate a repayment plan, which can reduce the actual loss of the enterprise.

The lawyer reminded the lawyer that, in the process of recourse to creditor's rights, he could adopt some satisfactory methods, such as turning bonds into equity. In some cases, creditors also introduced the business to the debtor.

In this case, once the debt enterprise is "slow", the first time should be paid back. Among them, the lawyer is the image of a communicator.

Third measures: first, after winning the battle, the case is not easy to go to court.

First, we must confirm whether it has exceeded the limitation of action.

In some cases, it is obvious that the business is reasonable and full of evidence, but it has already passed the "two years" limitation of action.

Secondly, see whether the evidence is clear and can be used.

If it can not be used, it must be repaired beforehand.

There is still a chance to add to it without resorting to law. Once the court is in session, the chances are slim.

If the other party is unwilling to cooperate, then we must find ways to leave evidence, such as telephone recording. Of course, this requires notarization.

Third, it should also choose to suit their jurisdictions for litigation.

After all, familiar places will bring a lot of trouble.

The lawyer reminded the lawyer: what is "limitation of action"?

The so-called limitation of action refers to within two years from the time of the agreed repayment period.

If the other party does not have IOUs, then there must be clear evidence to confirm the starting time of the pursuit. This is the so-called legal fact.

Enterprises can register letters and fax ways to promise the other party. If you can notarization of these items, it will naturally be more convincing.

In the reality, even if we win the lawsuit, the execution is still not in place. The phenomenon is very common, that is, the application for enforcement, the court execution court is limited, and it is very difficult to stare at the debtor every day, to find hidden property. Fourth

For creditors, although they have the obligation to provide concealed property information, creditors often lack the energy and skills to do this, and at the same time lack the right to exercise investigation.

The lawyer reminded the lawyer that, in the case of poor execution, lawyers should be asked for help. In fact, in the face of ineffective implementation, some law firms can help creditors find evidence of executable property.

Because lawyers have certain right to exercise investigation.

Information such as registration, housing administration and tax bureau of the industrial and commercial institute is open to lawyers, but closed to private individuals.

Fifth things: the soldiers are not tired of "cheating". They heard such a story from a medical device company in Jiangsu (hereinafter referred to as A company). It is a skill used by a Asset Management Co in debt collection, which is ingenious or can be used for reference.

A company got a 30 million yuan loan from the bank 8 years ago. At that time, because of a project supported by a state, the loan did not require any mortgage or pledge procedures.

The company also used the money as "a breeze" without any scruples. In addition to paying interest fees a year, it even forgot the source of the money.

In fact, loans expired 5 years ago, interest payments stopped 5 years ago, but loans were not returned for various reasons.

The boss of A company recalls: "for a few years, no one in the bank has been able to recover the debt. Because the company has been running well, some people in the bank have asked us if we can borrow some money again.

But a year ago, a Asset Management Co suddenly found us, saying that the bank had sold our 30 million yuan loan obligation to them, but the purpose of their visit was not to push the debt, but rather to become a shareholder through debt to equity swap.

In addition to obtaining shareholder benefits, they promise not to interfere in the company's internal operations. "

"At that time, I thought, maybe I was optimistic about the operation of the company, not to mention the fact that the results I verified from the bank were exactly the same as what they said, so they signed the written application document about" debt to equity swap "prepared by them.

(Note: State-owned Assets Management Corporation must apply for the approval of the state if it wants to carry out the "debt to equity swap"). Who knows, not long after, A received a copy of the complaint from the Asset Management Co and asked for a 30 million yuan loan.

So the boss hastened to call the Asset Management Co and asked if it was "debt to equity swap".

How did I prosecute again?

The other side told him, "the debt to equity swap" is not approved by the state. We must recover the debt and prosecute.

The lawyer reminded the lawyer that this is a way of playing the other party. This loan has exceeded the limitation of action for two years, and the other side has lost the winning power.

For banks, this is a dead debt and bad debts, which can not be returned to A companies.

However, when the bank sold the dead account / bad debt to Asset Management Co, these companies had a lot of trouble, and "debt to equity swap" was exactly what they had worked hard to get out of the A company. When the A company boss signed the written application document of "debt to equity swap", it was equal to he admitted his claim again.

The same goes for merchants.

The key is how well you use, the fire and the object.