Winning a battle thousands of miles away requires careful planning. On the basis of consulting experts and consultants and asking the parties to truthfully reflect the situation, the ways, methods and strategies of debt collection are determined.
Debt collection should also study plans and steps. Generally, it is divided into four stages: preparation, soft grinding, storm and finishing. In the preparation stage, they are friendly to each other on the surface, secretly find out the truth, collect evidence from many parties, and collect case materials that may be used in future reminders and lawsuits. In the soft grinding stage, the goal is to find out the authenticity, personality and quality of the other party. The forms are mainly letter reminder and face reminder. Inadvertently at this time, it is easy to delay the agreement and statutory limitation. During the storm, they openly opposed each other and resorted to the law. At this time, if you are a little careless, you will easily get into a deadlock. In the final stage, right and wrong are clear, and we care about each other's gains and losses. At this time, if the method is improper, it will be more difficult to pay off debts. Careless debt repayment is easy to suffer.
Speak more and write less, be both civil and military.
Debt collectors are eloquent and aggressive, which is the embodiment of frankness and righteousness, and has a great deterrent and disintegration effect. On the premise of not hurting each other's self-esteem and decency, it doesn't hurt to say a few more words and have a higher tone. Debt collection documents or complaints should be concise and accurate, and not a word can be written. Strictly avoid expressing literary talent, but rock the boat.
Grasp the handle and attack its weak links.
Generally, people who know the law and the situation will recognize the status quo, but in most cases it is the other factory director, and the manager seems to be afraid of no one. If you guess carefully, the legal representative of the enterprise who really owes money is only afraid of one or two things. What the other party is afraid of must be analyzed according to different situations, different personalities and environments of different objects, and corresponding countermeasures should be taken.
Prevent market changes, protect capital and waste wood, and don't be too demanding.
The ups and downs of modern industrial and commercial competition are unpredictable, the money is tight, and it is difficult to collect debts. Creditors must decide the debt payment strategy on the basis of market forecast, market analysis and information. In the case of unfavorable or declining market forecast, generally speaking, it is necessary to persuade the other party to return the principal quickly without penalty interest within the agreed time limit, so as to keep the "big head". If overdue, breach of contract again, demand full compensation, full liquidated damages, and sue. Where a case has been filed, the claim for compensation for transportation, miscellaneous fees and travel expenses may be appropriately reduced or exempted, and the debt may be settled in advance. For example, when color TV was popular, a county TV factory could not deliver the goods for several months, worth 200 thousand. Prediction and analysis of creditors; (1) color TV consumption to brand-name, high-grade, big screen development. Although the local famous brand 16 inch color TV set sold well at that time, it was difficult to become a big climate. ② The factory lacks several key imported parts, which is a "core machine infarction". It is difficult to produce for a long time simply by digging from state-owned factories. 16 inch imported key components need foreign exchange, and the state does not support non-designated factories, so it is difficult to leave the factory in large quantities. Once the factory looked down, the bank recovered a loan of 5 million yuan, and the debt of 200,000 yuan was easy to go away. Therefore, it is decided to cancel the contract and recover the principal. Afterwards, it was proved that the debt settlement decision was correct.
Take a surprise victory, make a quick decision and prevent accidents.
Quick action in debt collection and handling cases can at least effectively prevent the following events and accidents:
(1) The parties terminate the contract, lease and joint venture agreement and get out.
(2) It is hard to find a person who resigns, resigns, retires or dismisses and becomes a free man;
(3) merger, closure or cancellation of an enterprise, change of legal representative, and transfer of the new person in charge without knowing the previous situation;
(4) The debtor remits funds into new accounts, secret accounts or other units, which is difficult to find and freeze. It is difficult to transfer and dispose of your own goods and replace them with consignment goods.
(5) The debtor intentionally delays, exceeding the statutory or agreed quality objection period, commodity warranty period and guarantee period, and applies for contract arbitration, quality inspection arbitration and litigation resistance;
(6) The parties found nepotism, superior-subordinate relationship, old colleagues and old comrades-in-arms, which led to administrative intervention or court bias and resistance.
(7) The market changes suddenly, the price plummets, and the debts recovered at the original price depreciate sharply.
The debtor's efforts in the above aspects will take some time, and creditors will take the lead in adjusting the law and strive for the initiative.
Legal situation, synchronous force.
In recent years, due to the weak market, poor sales, tight money supply and other objective factors, we can't collect debts and can't afford to pay back the money. Both sides have unspeakable difficulties. At this time, we should not only safeguard the rights and interests of our enterprise, but also consider the business relationship, past friendship and present difficulties of the other party. Sometimes the following measures can be taken to solve contradictions such as "triangle debt".
(1) Help each other get rid of serial debts. Give advice and find ways to help the other party claim the debts of the third party, and pay us back the debts collected first.
(2) Assist the other party in sending letters, suing, filing cases, and investigating the third party's liability for breach of contract or product quality. If it works, give priority to repaying our debts.
(3) Assist the other party to find a way out for products and materials, sell equipment and exchange materials. And use the sales money to pay off debts.
(4) Cooperate with the other party to collect debts, and return all the recovered money to us.
If you do the above four points, the other party will appreciate and appreciate it, which will help maintain friendly relations and pay off debts as soon as possible. Before and after debt collection, learning to accumulate some necessary knowledge and conditions to overcome their own weaknesses is conducive to improving the level of debt collection business and expanding and consolidating the results of debt collection.
(1) Expand knowledge and improve the ability of speaking and writing. Debt collectors should not only be familiar with law, law and lawyer practice, but also learn some basic knowledge of philosophy, logic, sociology, psychology, marketing, commodity science, public relations and communication, which can enhance their wit, flexibility and ability to predict and respond to emergencies.
Use social circles to get information in time. Debt collection also depends on the relationship. Corporate lawyers should purify their character, improve themselves, help others sincerely, establish credit and make friends. It is best to have one or two acquaintances and friends from all walks of life. Ask for advice, help and help when necessary, and get accurate, practical and effective information in time, so as to gain advantages and initiative in the process of debt collection.
(2) Be more "narrow-minded" and talk about some strategies. We must be alert to the debtor's methods of default, evasion and refuge. In order to reduce their responsibilities, cover up their selfishness and show their cleverness, relevant business personnel often add three-point leave when reflecting the causes of debts and the crux of contradictions. This is especially true if there is a secret deal. Some judges have obvious local protectionism, or have personal relations and exchange of interests with each other. Some protect one side and report secrets. Some courts talk politely, but secretly inspire opportunities behind them. Some lawyers are employed and benefit from the other side, so the legal balance has to be tilted towards the will, power, feelings and personal interests of judges, and it is difficult to be completely independent, fair and legal.