Legal debt collection
1, there should be evidence that can prove the existence of debt. Transaction contracts, delivery lists, receipts, bank records, audio-visual materials, etc. can be used as evidence to prove the existence of debt.
2, we should have the information of the debtor. At present, the division and merger between companies is very common. Many companies change their names and residences by means of division or merger, so that creditors can’t find them and escape their debts. Some citizens often migrate their domicile registered residence. If the debtor is a company, it is necessary to keep and collect the copies of its business licenses, bank accounts, personal information of the company’s legal person or person in charge and shareholders, etc.
3, there should be debtor’s enforceable property interests. Many debtors often claim that they are unable to repay their debts, but in fact hide their property.
4, we should pay attention to the provisions of limitation of action. The general principles of the civil law of the people’s Republic of China stipulates that the limitation period for applying to the people’s court for the protection of civil rights is three years, unless otherwise provided by law. It shall be counted from the time when they know or should know that their rights have been infringed. As far as the debt problem is concerned, it starts when the debt is due. The limitation of action is interrupted by the filing of a lawsuit, the request of one party or the agreement to perform its obligations. After the limitation of action is interrupted, the period shall be recalculated.
Skills of debt collection
Require the debtor to provide guarantee.The guarantee is the credit guarantee, which requires the debtor to provide the credit guarantee and issue a written letter of guarantee. If a lawsuit is filed, the guarantor may be listed as a co defendant, and the guarantor shall be jointly and severally liable for the debts of the debtor. Mortgage or pledge can be adopted. Secured by real estate, called mortgage;
Once a lawsuit is filed in the future, the creditor may apply to the court to seal up, auction, sell off the mortgaged (pledged) property and have priority in compensation. Even if the debtor goes bankrupt, the creditor who has accepted the mortgage (pledge) guarantee still has priority over other ordinary creditors to be repaid with respect to the mortgage (pledge).
For the creation of mortgage (pledge), the registration procedures must be performed, otherwise it will be invalid. Mortgage real estate and vehicles, and register with the land and property administration department and vehicle administration department respectively; Pledge the property rights in trademarks, patents and copyrights and register them in the Trademark Office, patent office and Copyright Office respectively.