Shangrao Legal Company Shouxin Legal Services.
"I borrowed money based on my ability, why did you let me pay it back? ”
In life, there are really a lot of disputes caused by the debtor's failure to repay the money when due. When encountering such an old man, if you want to sue for debt collection, what steps do you have to go through? Legal insurance network for you to introduce in detail!
If you don't repay your debts, don't use the wrong way to collect debts
not to pay the money one owes
Hua opened a small shoe factory, and the business was not bad, but he was often troubled by the situation of arrears.
The old customer Yu has defaulted on many batches of his payments, and he has asked for several times and said that he would give the next batch, but he has not paid it off. As of August last year, Yu had defaulted on 47,800 yuan.
Hua thought to himself that if it dragged on any longer, he would owe more and more money, and it would be more difficult to get it back, not to mention that his funds were already stretched. In September last year, Hua went to Yu again to ask for payment, but the other party still said that he really had no money.
Hua thought about it on the way back, and in desperation, he could only contact the number of a "professional debt collection" advertisement posted on the telephone pole, and after explaining the basic situation to the other party, the debt collection company agreed, and agreed to charge 15% of the fee after the debt collection was successful.
But after a month, the debt company did not reply, and Hua called the ** he had contacted before.
The debt company replied that the entrustment of the debt had been completed, and the money was going to be returned. And it also proposes higher remuneration for labor services. Hua thought to himself, the money was now in the hands of the debt collection company, so he promised to pay more. Finally, the parties agreed that Hua needed to pay a fee of 10,000 yuan to the debt collection company.
At this time, Hua felt that the matter should be settled, but what he didn't expect was that the debt company did not transfer the money to him in time as agreed.
After repeated reminders, it was not until the end of the year that the debt collection company said that there was no money in the company's account at present, and issued an IOU to Hua stating that he owed 36,000 yuan. In desperation, Hua filed a lawsuit with the court, demanding that the debt collection company return 36,000 yuan and interest losses. In court, Hua said regretfully: "If you go to the court at the beginning, there will be so many things, the old debt is gone, and it becomes a new debt, and the money is getting less and less......."”
In the end, the court ordered the company to return 36,000 yuan and the corresponding interest to Hua.
What are the effective litigation processes for debt recovery?
recover debts
Debt collection is very common in today's society, and there are many debt problems between individuals and individuals, individuals and enterprises.
Therefore, how to collect debts has also become a headache for many people. If you use the wrong methods and steps to collect debts, you will often lose more than you gain.
So, what is the litigation process for effective debt recovery?
Swipe up to read.
1) Before initiating a lawsuit, a litigation risk assessment needs to be conducted.
It mainly conducts risk review from the aspects of whether the evidence is sufficient and the other party's ability to repay, so as to decide whether to accept settlement or court mediation, so as to make a rational choice and reduce the risk and cost of litigation.
2) When filing a lawsuit with the court, detailed information should be provided as much as possible to increase the approval rate of the court's case filing.
1.Materials proving the identity of the parties must be provided, such as a copy of the original defendant's ID card; If the party concerned is a legal person, the corresponding legal person information materials should also be submitted, such as the identity certificate of the legal representative, a copy of the business license, etc.
2.The indictment must be written in accordance with the prescribed format, otherwise it may be required to be amended by the court, which will cause some unnecessary trouble.
3.The basic evidence to prove one's litigation claim, such as the loan agreement or IOU, relevant evidence of the loan guarantor, receipts, or other evidence that can prove the fact of the loan, and the corresponding evidence should be classified and listed.
4.If there is a litigant at the time of litigation, the original power of attorney signed or sealed by the client shall be submitted, and written materials shall be issued to explain the authority and time limit of the entrustment.
3) In the pre-litigation or mid-litigation stage, they may apply to the court for property preservation, so that their litigation claims can be effectively enforced after they are supported by the court.
4) During the trial phase, they shall actively respond to the lawsuit and truthfully state to the court the causes, processes, interest agreements, and repayment of loans by both parties, and where the case is complicated, a professional lawyer may be retained.
5) After winning the lawsuit, if the other party still fails to perform, it may file an enforcement lawsuit with the court in accordance with the effective judgment within two years.
Debt collection needs to be done legally, not blindly
recover debts
In the operation of the market economy, the debt disputes between the companies are frequent and increasingly prominent, and some enterprises are trapped by debt disputes, and the funds cannot be withdrawn in time, which affects the normal operation of the enterprise and even endangers the survival of the enterprise.
Relying on the law to protect their own rights and interests is an issue that enterprises should pay attention to in debt collection.
Legal debt collection is the most important thing for creditors, and the debt cannot be blind, and the means must be legal, and at this time only legal means can often be used.
Litigation is just one of the ways to resolve such disputes, such as negotiation, mediation, arbitration and litigation.
In fact, there is another simple way, that is, to apply to the people's court for a payment order, which is also one of the effective ways to recover the arrears.
If you choose to file a lawsuit, you should pay attention to the preparation before the lawsuit.
Especially in the face of difficulties in obtaining evidence and involving large amounts of money, there are many aspects that need to be paid attention to, and at this time, a professional lawyer is needed to help solve the case.
For more legal issues in daily operation, we can consult the legal affairs of the legal insurance network in a timely manner, and respond quickly within five minutes, so as to help enterprises understand the key points of the law more quickly, investigate the legal risk points, and avoid damage to their rights and interests to the greatest extent.