What should I do if I don t pay back the arrears? What should I do if I don t pay back the money I o

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;

The payment owed by others cannot be resolved through negotiation and mediation between the two parties or through legal means. Within the three-year effective litigation period, the creditor may file a lawsuit with the court to demand the debtor to repay the debt, and after the court judgment, the debtor still does not return the debt, and the creditor may request the court to apply for enforcement.

[Legal basis].

Article 118 of the Civil Code of the People's Republic of China provides that civil entities enjoy creditor's rights in accordance with law. A creditor's right is the right of the obligee to request a specific obligor to do or not to do a certain act due to contract, tort, management without cause, unjust enrichment and other provisions of the law. Article 188: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.

Legal analysis: If you are in arrears, you can't negotiate installment payments with the other party. If you owe a loan and have no money to repay, if you are sued by the creditor, the court will file a case for investigation.

If the creditor requests the debtor to pay money or valuable**, 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 dispute over the debt; (2) The payment order can be served on the debtor.

Legal basis: Article 214 of the Civil Procedure Law of the People's Republic of China A creditor requests the debtor to pay money or valuables, and meets the following conditions, it may apply to the basic people's court with jurisdiction for a payment order: (1) the creditor and the debtor have no other debt disputes; (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.

First of all, the parties can negotiate and communicate with the other party about the reasons for the arrears, and collect information to prove the authenticity of the reasons. Secondly, if the two parties fail to communicate and negotiate, the company's legal department can send a collection letter to the other party; Finally, you can collect evidence such as sales documents signed with the other party, and use these documents and the sales contract between the two parties to hire a lawyer to help sue the relevant court.

To recover payment from customers is to ask others to do things, so in the process of negotiation with the other party, there is no confidence in the slightest, so that customers feel"Good bully", thereby deliberately making it difficult or refusing to pay. So, in the process of collecting money, set it right"Gesture"It is very important to be firm in your attitude.

Collect evidence, appeal to the court, and recover the payment through legal channels.

1. The statute of limitations for arrears of payment is two years. For IOUs that have indicated the date of performance of the payment for the goods, the limitation period shall be calculated from the date on which the date of repayment of the payment is indicated. For IOUs that do not indicate the date of performance of the payment for goods, the limitation period for litigation shall be calculated from the day after the debtor issues the IOU.

If the debtor re-issues an IOU that has exceeded the statute of limitations for a payment dispute, the statute of limitations shall start running again.

2. The party concerned with liquidated damages for arrears not only has the right to demand the return of the payment, but also has the right to require the defendant to repay the interest on the arrears. By checking the interest rates of financial deposits in various periods over the past few years, the specific amount of interest has been scientifically and accurately calculated for the parties. It is not difficult to claim the repayment of interest, but the difficulty lies in how to accurately calculate the specific amount of interest required to repay the arrears of interest in the face of deposit interest rates, which often fluctuate from time to time.

After accurate calculation and verification, the parties finally proposed an accurate and scientific amount of interest repayment for arrears with legal basis.

3. During the period when the lawyer accepts the entrustment to collect the payment on behalf of the lawyer, the party shall not withdraw the entrustment without the consent of the lawyer. Adopt the methods of ** recovery, letter recovery, issuance of ** lawyer letter, litigation, arbitration and other methods to help the parties recover the payment. The adoption of specific recovery methods shall be decided by the parties themselves based on the specific circumstances of the case, such as the size of the subject matter, the degree of completeness of the evidence, and the time when the payment is in arrears.

Regardless of the method used to recover the payment, the parties should actively cooperate with the lawyer in the recovery. Under the guidance of a lawyer, the parties should collect and organize evidence involved in the case.

4. When encountering arrears, you must file a lawsuit with the court in time to protect your legitimate rights and interests. If it drags on, it will only delay the best opportunity to file a lawsuit, and eventually lead to the loss of the right to prevail. It is also very detrimental to one's own interests.

Therefore, in practice, you must pay attention to the issue of the statute of limitations for arrears of payment.

If you have a list of receipts, you can basically sue, you ask the lawyer specifically, to see if you still need to provide witnesses or something, this is the case with one of the previous lawsuits, and I received my materials only to receive a receipt.

Now the people who owe money and don't pay it back are grandpa, and if there is no conclusive evidence, it is very difficult to ask for money, so you can consult a friend or lawyer who understands the law.

You only have to sue in court to see if you can get it back, and some of the old people don't pay it back.

Get a lawyer and go to court to sue him.

How to deal with non-payment of arrears: the creditor settles through negotiation with the debtor and the guarantor; A written application for mediation may be submitted to the local people's mediation committee; If the negotiation fails, the creditor needs to file a lawsuit in the court.