What should I do if the manufacturer owes the money and what should I do if the manufacturer does no

The workaround for non-payment is as follows:

1.If there is a sales contract, 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 the de facto sales contract relationship;

2.If there is a written receipt, then the creditor has evidence to prove the actual number of transactions, and only by signing the receipt or in conjunction with the sales contract can the amount payable for the actual transaction be further proved. If there is no proof of receipt, but there is a statement, it can also prove the amount of payment due;

3.If the creditor company has provided the customer company with a VAT invoice, and the customer company has signed for receipt or certified the deduction, the creditor company can provide the VAT invoice as supplementary evidence to increase the confidence of winning the lawsuit;

4.The statute of limitations for payment disputes is 2 years. If a lawsuit is filed after the statute of limitations, your company will lose the right to win the lawsuit once the client company disputes the statute of limitations.

Therefore, the creditor should first confirm whether there is evidence to prove that the creditor and the customer company have agreed on the payment term. If there is no agreement, it is generally considered that the cash on delivery is in accordance with the transaction custom, then the statute of limitations shall be calculated from the date of receipt of the goods. Where there is an agreement, the statute of limitations is calculated from the date on which the agreed payment period expires.

Precautions when collecting payment from customers:

1.The first step is the best. Today, in the 21st century, we must pay attention to speed in doing things, and speed is the key factor in success or failure. The payee should also strike first. Because the customer's funds are always limited, we have to recover the payment before the competitors;

2.Tip: Pay for goods to be "calculated quickly and skillfully" Collecting is a numbers game. The payee should know the number of accounts receivable at different stages. The calculation of accounts receivable is not only fast but also accurate. In this way, we can win time, win the trust of customers, and successfully recover the payment;

If the manufacturer owes the payment and does not repay it, it can be solved in the following ways. It mainly includes: 1. The parties can first negotiate and communicate with the other party about the reasons for arrears, and collect information to prove the authenticity of the reasons; 2. If the two parties fail to reach an agreement through negotiation, the legal department can issue a collection letter to the other party; 3. You can collect evidence such as sales documents signed with the other party, and then sue the court to recover the payment.

If the other party refuses to enforce the judgment after the judgment is handed down, the party concerned may apply to the court for compulsory enforcement.

[Legal basis].

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

If the manufacturer owes the payment and does not repay it, it can be solved in the following ways. It mainly includes: 1. The parties can first negotiate and communicate with the other party about the reasons for arrears, and collect information to prove the authenticity of the reasons; 2. If the two parties fail to reach an agreement through negotiation, the legal department can issue a collection letter to the other party; 3. You can collect evidence such as signing sales documents with the other party, and then sue the court to recover the payment.

If, after the judgment is handed down, the other party refuses to enforce the judgment, the parties may apply to the court for compulsory enforcement.

Civil Code of the People's Republic of China

Article 577:Where one of the parties fails to perform its contractual obligations or its performance does not conform to the agreement, it shall bear liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses. Ruined auspicious.

If the manufacturer owes the payment and does not pay, then it is best to deal with it through litigation. Specifically, this is a typical contract debt dispute, so the debt can be collected through litigation, and there must be evidence that can prove the existence of the debt relationship at the time of litigation, such as IOUs, transaction contracts, delivery lists, receipts, bank records, audio-visual materials, etc. Therefore, if the materials are complete, then it is possible to litigate.

[Legal basis].

Civil Procedure Law of the People's Republic of China》 Article 34: Parties to a dispute over contracts or other property rights and interests may agree in writing to choose the jurisdiction of the people's court at the place where the defendant is domiciled, the place where the contract is performed, the place where the contract is signed, the place where the plaintiff is domiciled, and the place where the object of the subject is located, such as the place where the dispute is actually connected, but must not violate the provisions of this Law on hierarchical jurisdiction and exclusive jurisdiction.

If the creditor decides to file a lawsuit, it is necessary to prepare a complaint and submit the evidence related to the case to the people's court with jurisdiction.

Article 224 of the Civil Procedure Law: The property portion of a legally effective civil judgment or ruling, as well as a criminal judgment or ruling, shall be enforced by the people's court of first instance or the people's court at the same level as the people's court of first instance where the property subject to enforcement is located. Other legal documents that are to be enforced by the people's courts as provided by law are to be enforced by the people's court at the place where the dust and hail subject to enforcement are domiciled or where the property subject to enforcement is located.

Ask the other party to pay, and if it does not perform, file a lawsuit with the court. If one of the parties does not pay the price, the other party can request payment, and if the manufacturer is still in arrears, it can take the form of suing the court to use the judiciary to protect its rights. Prepare the complaint, the certificate of arrears, the original contract with the manufacturer and other relevant evidence materials that can prove the relationship between the rights and obligations of both parties, and file a lawsuit with the court with jurisdiction within the statute of limitations.

When necessary, litigation preservation may be employed to protect the final rights and interests.

[Legal basis].

Article 579 of the Civil Code of the People's Republic of China: Where one of the parties fails to pay the price, remuneration, rent, or interest, or fails to perform other monetary obligations, the other party may request payment.

Legal analysis: It is recommended to negotiate a settlement first, and if the negotiation fails, file a lawsuit with the court. The procedure for prosecution is as follows:

1. Write a good indictment; 2. Bring evidence and indictment to the court to file a case and pay the litigation fee; 3. After the court reviews and determines the acceptance of the burning ruler, it will be tried first; 4. Court judgment; 5. Enforcement of judgments.

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.

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 court shall not protect them, and if there are special circumstances of hail belts, the people's court may decide to extend it on the basis of the application of the right holder.

If the manufacturer owes money and does not pay it back, it can be resolved through negotiation first, and if the negotiation fails, it will be sued to the court. If the money owed is not repaid, it is a typical civil case that will not be accepted by the public security organs, so it can only be resolved by filing a lawsuit with the court. As a creditor, based on the evidence of arrears between the two parties, it is enough to directly go to the court to sue the debtor and require the debtor to repay the loan in accordance with the law.

When filing a lawsuit, the creditor's ID card, evidence of arrears, and complaint are required, and the case acceptance fee is paid in advance. Go directly to the Fa Tang Court to file a case.

[Legal basis].

Article 579 of the Civil Code of the People's Republic of China: Where one of the parties fails to pay the price, remuneration, rent, or interest, or fails to perform other monetary obligations, the other party may request payment.

There are two ways to solve the problem of defaulting on debts. The first is to sign a repayment agreement with the other party. If the other party does not deny it, but just blindly delays the repayment under various excuses, then you can sign a repayment agreement with it, and pay attention to the specific method and time limit of repayment in this repayment agreement, and the most important thing is to give the agreement the effect of enforcement.

It can be agreed with the other party that if the repayment is not made when due, the court can enforce the debtor's property. Of course, in order to have such an effect, the repayment agreement must be notarized by a notary public in advance. If there is such a repayment agreement, then once it expires, the creditor can directly ask the court to enforce it according to the terms of the agreement.

This has the advantage of eliminating a lot of cumbersome litigation procedures, saving time and money. Such a clause can also be included in the contract when the debt relationship is established. The second is to request litigation preservation at the same time as filing a lawsuit.

The so-called litigation preservation is to apply to the court to freeze the property of the other party only when the lawsuit is filed, so as to ensure that the winning party can obtain the maximum rights and interests in the lawsuit. Once the court accepts the application for litigation preservation, the court will immediately freeze the assets of the preserved party, such as bank deposits, due claims, etc., until the litigation process is terminated. Losing a lot of liquidity in a few months is very fatal in the economy and society.

Generally speaking, if the debt relationship between the parties to the preservation is clear, they will repay the loan as soon as possible in order to minimize the loss, because even if the lawsuit continues, the result will not be the same. In doing so, the protection of the legitimate rights and interests of creditors is well guaranteed. However, the disadvantage of this method is that the documents required to apply for preservation are cumbersome, requiring clear and effective proof of the debt relationship, and also requiring relevant documents of the other party's property, and the applicant must also provide security and bear the cost of preservation in advance.

Therefore, caution should be exercised when using litigation preservation when the debt relationship is not very conclusive.

Article 120 of the Civil Procedure Law: A complaint shall be submitted to the people's court for a form of prosecution, 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.