What should I do if the customer defaults on the payment? What to do if the customer defaults on the

If the negotiation with the other party is invalid or the other party refuses to communicate, it is recommended to go to court to file a lawsuit. At the same time as initiating a lawsuit, an application for property preservation may be made at the same time to freeze and seal the property in the name of the other party, so that there is property available for enforcement after winning the lawsuit.

You can go to the prosecution yourself, of course, if you are too lazy to trouble and afraid that you are not familiar with the legal rules, you can entrust a lawyer**. In this case, if you entrust a lawyer, it is recommended to use the payment model of risk **, that is, pay a small amount of fees upfront, and then pay the lawyer's fee after the payment is executed. Nowadays, many law firms have this kind of charging method, and our law firm has this charging model.

Going back to your question itself, I also need to know about the following questions:

1.Is there a written contract of sale and purchase?

2.How much do you owe?

3.When was the last time you were asked for money for a shipment?

Being owed money by the customer, of course, you have to urge it often, this must not be polite, if you don't want it, it may become a dead account, and it will never come back.

It is recommended that you can find lawyer Xu Baotong for collection, Xu Baotong lawyer is quite professional, the service attitude is good, and the level is one of the best.

What should I do if the customer defaults on the payment? If the customer defaults on repayment, you can ask the customer for it, and if you don't give it, you can go to the court to sue.

Actively communicate with the client, and if you do not cooperate, you can collect evidence and apply to the court for a payment order, and then enforce it.

Sue him and go through the legal process.

If the customer defaults on the payment, you can ask him if he wants to go through legal procedures.

What to do if the customer defaults on the payment of the goods Retain evidence and sue.

1. Call ** dunning and door-to-door payment. Clearly tell the debtor how much money is still missing, and ask him to pay it off within the specified time. If you don't clearly say when the payment will be made, and you can't talk secretly, you can go directly to the place where he goes to work to get the payment back.

2. If the sale is based on a contract. We can take the contract to arbitration, and believe that under the proof of the contract, the court will require the debtor to pay off the purchase price. If the debtor does not comply with the court's judgment, the court can only forcibly confiscate the debtor's property as a debt to be paid.

3. If the sale is not based on the contract, but there are relevant bills and receipt vouchers that can prove it. We can take the voucher to the debtor to make a statement, and there is a voucher indicating that the goods have been received, and if every payment for the goods has been made, there are records in the bills of both parties.

Legal Analysis: 1. Private Settlement. Private settlement means that the two parties directly negotiate or invite a third party to mediate and resolve the dispute on a voluntary basis. This approach may be applied if the debtor voluntarily and has the capacity to repay.

2. Lawyer's letter. The creditor may entrust a law firm to collect the arrears by sending a lawyer's letter.

3. Subrogation. Article 535 of China's Civil Code stipulates the subrogation of creditors:"If the debtor's negligence in exercising its creditor's rights or subordinate rights related to the creditor's rights affects the realization of the creditor's due creditor's rights, the creditor may request the people's court to subrogate the debtor's rights against the counterparty in its own name, but such rights are exclusive to the debtor except for Heshi.

The scope of the exercise of the right of subrogation is limited to the creditor's due claims. The necessary expenses for the creditor to exercise the right of subrogation shall be borne by the debtor. The counterparty's defense against the debtor may be asserted against the creditor.

Legal basis: Article 188 of the Civil Code of the People's Republic of China: The statute of limitations for requesting protection of civil rights from the people's courts is three years. Where the law provides otherwise, follow those provisions.

1. Reward and punishment essentials for handling receivables.

1.Are the sales documents (receipts, invoices, etc.) complete? Is the content accurate?

2.Submit documents on time; In fact, the sooner the invoice is given to the dealer, the sooner the payment may be accepted, and at the same time, it is necessary to confirm that the dealer has received the invoice;

3.Perfect customer follow-up system: the customer battle rate is proportional to the acceptance rate of Lecheng, the earlier the war with the customer, open and honest communication with the customer, the lower the chance of being delinquent;

4.Visiting on time: If the customer is due to pay, he should regularly collect the payment for the goods, or collect it; Even if it is overdue for one day, it should be urged immediately, and there should be no physiology to wait;

5.Establish the shape of the key to the elephant: the customer is necessary to teach, must give the customer a correct insight: we are all the payment is often serious, can not or may not tolerate the arrears;

6.Deal with energy: recognize and appreciate the hardships and complaints of customers, and at the same time can operate their own advantages to assist customers in handling hardships;

7.Ability practice: Collecting payment is a necessary ability, such as: ** ability, door-to-door visit ability; At the same time, you should get acquainted with the customer's planning status, financial status, personal scenery and other information.

2. Reward and punishment for dealing with arrears.

1.Documents: Search whether the sales documents of the arrears are complete;

2.Network information: Require customers to provide the cause of the arrears and network information to prove their correctness;

3.Collection documents: Establish a payment collection system. According to the difference in the growth of the environment, three different levels of reminder documents are established - forecast, warning, and lawyer's letter, which are issued in real time according to the environment;

4.Deadline: Require customers to know the deadline and its effect, so that customers can understand the meaning of the deadline;

5.Action Advancement: Reward and punish the payment to the higher level of the settlement staff, and promote the pressure;

6.Complaint: Establish the company's internal legal department, and issue a lawyer's letter in the name of the legal department to collect arrears, warning that the deadline for tolerance has been reached;

7.Conditioning: Exercising the skills of installment payment, penalty interest, and curbing several installments to recover the payment in installments;

8.Asking for help: Exercising the benefits of legal protection itself.

3. Reward and punishment essentials for dealing with dead and dead debts.

1.discounts; 2.recall of goods;

3.dealing with reward and penalty collateral;

4.seek legal help;

5.Litigation preservation.

How do I recover the payment owed by the customer?

1.When the person accepts the entrustment to recover the payment, the party shall not withdraw the entrustment without the consent of the person.

2.Where a party revokes the retention without authorization, it shall compensate the lawyer for the actual costs paid to recover the payment for the goods and the loss of expected benefits, including but not limited to the actual fees paid by the lawyer at the local cooperative law firm or debt collection agency.

3.The lawyer can help the parties recover the payment through **, letters, power of attorney, litigation, arbitration, etc.

4.The specific method of recovery shall be determined by the parties based on the specific circumstances of the case, such as the size of the subject matter, the completeness of the evidence, and the time for payment of the arrears.

5.No matter what method the lawyer uses to recover the payment, the parties should actively cooperate with the lawyer to recover the payment.

6.The parties shall collect and organize evidence involved in the case under the guidance of their lawyers.

Legal analysis: If the customer defaults on the payment, the way to deal with it is that the party concerned can negotiate with the customer and request it to pay within a reasonable period; If the negotiation fails, the parties may file a civil lawsuit with the court in accordance with the law, or apply to the court for a payment order.

Legal basis: Civil Procedure Law of the People's Republic of China

Article 120:The indictment shall be submitted to the people's court, and copies shall be submitted in accordance with the number of defendants. Where it is truly difficult to write a complaint, the complaint may be filed orally, and the people's court will record it in the record and inform the opposing party.

Article 122:Where parties sue in a civil dispute brought to the people's court, where mediation is appropriate, mediation is to be conducted first, except where the parties refuse to mediate.

Article 214 Where a creditor requests the debtor to pay money or valuables, it may apply to the basic level people's court with jurisdiction for a payment order if the following conditions are met: (1) the creditor and the debtor have no other debt disputes, and (2) the payment order can be served on the debtor. The application shall clearly state the amount of money or valuable ** requested and the facts and evidence on which it is based.

Legal analysis: If the customer is in arrears, the party concerned may urge the customer to pay the payment within a reasonable period of time. If the customer still refuses to pay, the party may require the customer to bear the responsibility of continuing to pay and compensating for losses, and may file a lawsuit with the court or apply for arbitration in accordance with the law.

Legal basis: Article 577 of the Civil Code of the People's Republic of China If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, Cong Lufeng shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

Legal analysis: If there is a sales contract, then the creditor has evidence to prove that there is a legal relationship such as sales or supply with the customer company. If there is no sales contract, evidence such as the customer's order and the creditor's invoice can also prove the existence of a de facto sales contract.

2. If there is a written certificate of receipt, then the creditor has evidence to prove how many transactions actually occurred, and only by virtue of the receipt voucher or in combination with the sales contract, the amount of payment payable for the actual transaction can be further proved If there is no receipt certificate, but there is a statement, the amount of payment payable can also be proved 3. If the creditor's company has provided the customer company with a VAT invoice, and the customer company has signed or certified the deduction, Then the creditor's company can provide VAT invoices as supplementary evidence to increase the certainty of winning the case.

Legal basis: Article 313 of the Criminal Law of the People's Republic of China Refusal to enforce a judgment or ruling on a people's court judgment or ruling that has the ability to do so, and the circumstances are serious, is to be sentenced to up to three years imprisonment, short-term detention or a fine.

Step 1: Communicate with the contact person on the customer's side to obtain the reason for the arrears and determine whether the other party is maliciously in arrears;

Step 2: Do a background investigation or a credit survey of the customer's qualifications to determine whether the customer has the ability to repay and evaluate the willingness to repay;

Step 3: Through friendly negotiation, you can give an appropriate discount or choose to repay the loan in installments, but you need to sign a repayment agreement and ask the other party to repay part of the arrears as soon as possible to show good faith;

Step 4: If you are still unable to recover the arrears after more than 3 months of self-collection, entrust a third-party agency to intervene in mediation as soon as possible. As for whether the matter will be resolved through litigation, it can be comprehensively assessed and the opinions of third parties will be heard.