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My opinion: Discuss with the leader of your company and give him a deadline to raise funds. It's best to be cautious about repayment.
If others are not far away from you, you can also explain to the company that you will "collect debts" in person, although doing so will generate some expenses for the company, such as travel expenses, etc., which is also forced to do this, rather than waiting for another batch of dead debts, it is better to go on a trip yourself. If the problem is still not resolved, then file a lawsuit, as long as the person is there, and the company is there. The evidence at hand (bills, purchase and sale contracts) is sufficient.
Of course, the last option is to make a decision. No one wants a lawsuit to solve the problem. These are just a few opinions of the blind cat, and they may not help you much, so take them as a reference.
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In the case of such a "difficult household", it is inappropriate for gay men to ask for money, and there is little hope!
The most direct way is for the female comrades to take the child to the office of the payment company ("difficult account in arrears") to stay there, and and pee and cry ---
In addition, of course, you can also follow the person in charge! Of course, it's better to hold a small child! When he goes to the office, you go to the office, and the production workshop ---
If the person in charge is going out to go out by car, of course, the first time to seize the position of the vehicle out! Anyway, it's like a kraft cream, hold on tight! Until the other side compromises!
The above is relatively serious for arrears.
Of course, men must go outside to wind up, 15 or 30 minutes to give a ** to the lesbians! If you go out to the car, be sure to keep track of the vehicle! In fact, debt collection companies are the best way to collect debts like this! )
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1. 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 order placed by the customer and the invoice of the creditor of the code bank can also prove the existence of a de facto sales contract relationship. 2. If there is a written certificate of receipt, then the creditor has evidence to prove how many transactions actually occurred, and the amount of payment payable for the actual transaction can be further proved only by virtue of the certificate of receipt or in combination with the sales contract.
Article 108 of the General Principles of the Civil Law of the People's Republic of China Debts shall be repaid. If the debtor is temporarily unable to repay, with the consent of the creditor or the ruling of the people's court, the debtor may repay the loan in installments. and where they have the ability to repay and refuse to repay, the people's court is to make a judgment to compel repayment.
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The solution is that the creditor can negotiate with the debtor to settle the matter first. If the negotiation fails, the creditor may collect relevant evidence of the debtor's refusal to pay the purchase price, write a complaint, and file a lawsuit with the court where the debtor is located or where the contract is performed.
Prosecution is the act of filing a lawsuit with the court in accordance with the law to request the court to order the trial of a specific case.
Article 214 of the Civil Procedure Law of the People's Republic of China If a creditor requests the debtor to pay money or valuables, it may apply to the basic 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; (2) The order of payment can be served on the debtor. The application shall clearly state the amount of money or valuable ** requested to be paid to Bisui and the facts and evidence on which it is based.
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The solution is that the creditor can negotiate with the debtor to settle the matter first. If the negotiation fails, the creditor may collect relevant evidence of the debtor's refusal to pay the purchase price, write a complaint, and file a lawsuit with the court where the debtor is located or where the contract is performed.
Filing a lawsuit is the act of filing a lawsuit with the court in accordance with the law to request the court to try a specific case.
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. The limitation period is calculated from the date on which the right holder knows or should know that the right has been damaged and the obligor.
Where the law provides otherwise, follow those provisions. However, if more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not grant protection, and where there are special circumstances, the people's courts may decide to extend the rights holder on the basis of the right holder's application. Article 123 of the Civil Procedure Law of the People's Republic of China: A complaint shall be submitted to the people's court for a lawsuit, and a copy shall be submitted according to 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 2 of the Arbitration Law of the People's Republic of China Contract disputes and other disputes over property rights and interests between citizens, legal persons and other organizations that are equal subjects may be arbitrated.
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Legal analysis: if the customer is willing and able to pay off, it can settle with it privately to recover the payment; If the negotiation with the customer fails, the creditor can file a lawsuit with the people's court to exercise the right of recovery, and if the debt amount is relatively small, it can choose to apply for a payment order.
Legal basis: Article 214 of the Civil Procedure Law of the People's Republic of China stipulates that if a creditor requests the debtor to pay money or valuables, it may apply to the basic people's court with jurisdiction over the payment order if the following conditions are met: (1) the creditor quarrels with the debtor and has no other debt disputes; (2) The payment order can be served on the debtor.
The application form should state the specific amount and amount of the requested payment, as well as relevant facts and evidence.
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How do I recover the payment owed by the customer?
1.When the person accepts the entrustment to recover the payment, without the consent of the person, the party may withdraw the entrustment without searching the bridge.
2.Where a party revokes the retention without authorization, it shall compensate the lawyer for the actual expenses paid to recover the money and the expected loss of 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 missing and buried 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.
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1. Friendly negotiation of internal collection.
1) Early prevention, one week before the payment is due, remind the customer by email or **, etc., if there is no response, insist on reminding several times to avoid the customer forgetting the payment time due to busyness or carelessness;
2) If the payment is due, increase the contact to let the customer know that you have begun to collect the payment, maintain your demeanor, not extreme, maybe the customer has not seen your reminder due to special circumstances;
3) One week after the payment is due, if the customer still has no reply, then call ** to inquire about the specific situation, understand the reason for the unpaid and the problem of disturbing the world, if there is a dispute to resolve through negotiation, and provide customers with a suggested payment plan;
PS: When urging customers to pay, first of all, we must know very clearly the details of each order, each payment and each customer, so that we can be aware and orderly, so as to improve the cooperation of customers to pay on time.
4) One month after the payment is due, if the customer still does not pay, the late fee for the arrears will be charged according to the ** clause, and the customer will be clearly informed of it, so as to put some pressure on the other party.
2. Entrust a professional third-party agency to collect.
If the enterprise collects the collection by itself for 3 months and still has no result, it should entrust a professional third-party collection agency to deal with it as soon as possible. The business personnel of a professional debt collection company are familiar with the local judicial and business environment and relationship network, and have rich collection experience, so they can formulate the most suitable collection plan according to the characteristics of the debtor, and the success rate of localized collection will be much higher.
3. Litigation collection.
For some old customers who are not willing to repay, litigation collection can be an effective way to collect money. These clients usually do not expect the domestic company to sue for a reprieve and so they will contact the creditor in time to negotiate repayment as soon as they receive the summons. However, it should be noted that litigation collection is aimed at customers who are able to repay but refuse to repay.
If the customer is unable to repay, it is not recommended to choose litigation, because the litigation time is long, the cost is high, and the labor is laborious, even if the lawsuit is won, the arrears cannot be recovered, and the enterprise will lose more. Domestic enterprises can entrust a third-party agency to analyze the case before choosing litigation collection, and the third-party agency will provide the enterprise with a practical solution.
Make up a thing: I have an appointment with a certain customer tonight, you are so busy, there are so many things to manage the company, I don't dare to delay your time, the next time we cooperate, I will also use you to invite me to dinner, of course I invite you!
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Go to the local labor bureau to apply for work-related injuries, and the personal complaint time is one year, and then the relevant staff will tell you the procedures you need, the most basic is whether there is a de facto labor relationship, which can be obtained through the salary card and attendance records. Then determine that the accident occurred during working hours and at the place of work, this thing needs to find more than two witnesses to testify, and then you can submit the materials as required, if you do not pay work-related injury insurance, when the time comes, depending on the attitude of the factory, you can directly apply for labor arbitration or litigation.
If you want to solve the problem fundamentally, of course, the best way is to facilitate the order as soon as possible. Because credibility is very important in doing business, even in whatever you do. Find the root and key of the problem, solve it as soon as possible, do what you say, and don't give affirmative promises and answers if you can't do it, of course, this is considered from the perspective of long-term development. >>>More
As a salesman, one of the skills that must be mastered is that customers are too expensive, and how to persuade customers to buy, because everyone can accept different price capabilities. So what should you do if the customer is too expensive?