How to collect debts? ! !

1. Use administrative intervention to help collect debts.

The so-called use of administrative intervention to help realize debt collection means that the debtor (or creditor) wins the sympathy and support of the debtor's higher authorities through his own efforts in the process of debt collection, and educates the debtor through the debtor's higher authorities to persuade him to fulfill his debts as soon as possible.

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Our government agencies play an extremely important role in all aspects of social and economic life. Since the implementation of economic reform and opening up, under the guidance of the idea of establishing a planned socialist commodity economy operation system, the state has gradually expanded the autonomy of enterprises' production and business activities, and enterprises have the right to decide their own production and business activities independently. In addition, except for some materials that have a significant impact on the national economy and people's livelihood, the supply, production and sales of enterprises are basically handed over to enterprises to find ways to solve them themselves. Coupled with the autonomy of personnel and employment, the vitality of enterprises has been greatly strengthened, and the state has given enterprises more and more power. Nevertheless, enterprises still have close ties with government agencies. Economic reform has strengthened the macro-control ability of government agencies such as planning, finance, taxation, banking and other departments. Relevant policies formulated by planning, finance, taxation, banking and other departments not only have an important impact on the production and operation activities of enterprises, but also have an important impact on the supply, production and marketing process of enterprises and their survival and development. At the same time, it also has an important impact on the economic life of the whole region or the whole country and society, such as the long-term plan and annual plan formulated by the planning commissions at all levels, the bank's credit policy, the tax revenue of the tax authorities and so on. , will have a considerable impact on the production and operation, survival and development of enterprises and the economic life of the whole society.

The business department in charge of an enterprise has closer ties with the enterprise. Enterprises should not only accept the guidance of higher authorities in making production plans, technological innovation and creating new products, but also accept the supervision of higher authorities in the whole production and operation activities and management of enterprises. When there are difficulties in the production and operation of enterprises, the competent authorities have the obligation to help enterprises overcome difficulties and maintain normal production and operation; When an enterprise is poorly managed, or its production and operation are unreasonable or even illegal, the competent department at a higher level also has the right to rectify the enterprise and organically stop the unreasonable or illegal behavior of the enterprise in its production and operation activities. In a word, state administrative organs, especially some economic and business authorities, have the obligation to provide services including policies, technology, funds and materials to enterprises or legal persons, and have the right to supervise the operation of enterprises at any time and conduct macro-management of the whole economic activities of enterprises.

Because state administrative organs, especially the competent departments of enterprises or legal persons, have both the obligation to serve enterprises and the right to macro-manage and supervise enterprises, when a debt collector or creditor encounters obstacles in debt collection and cannot take appropriate or effective measures to urge the debtor to perform his debts, he can use the rights enjoyed by the competent departments of the debtor (enterprise) to win the sympathy and support of the superior competent departments of the debtor (enterprise) and make demands on the debtor through the special relationship between the competent departments and the enterprise.

Debt collectors use administrative intervention to help achieve the purpose of debt collection, and the effect is best when creditors and debtors belong to the same system, that is, to the same competent department. At present, it is quite difficult to recover all kinds of "triangular debts" in China. If the creditor finds that the debtor and himself are a system and belong to the same competent department, then at this time, if he requests the competent department to coordinate and negotiate, the long-delayed triangular debt can often be paid off quickly. For example, a multi-million-dollar "triangular debt" between two companies and a factory in a chemical industry in a city has been in arrears for several years, and then the chemical authorities come forward to negotiate, and the debt is paid off within a few days.

Need to remind debt collectors that this means of asking the debtor's higher authorities to help them achieve the purpose of debt collection is limited in the process of debt collection, because the debtor's competent authorities do not have any coercive measures on whether the debtor performs the debt, that is to say, the competent authorities have no power to order or order the debtor to perform the debt. Only the economic contract arbitration institution established by the people's court or the administrative department for industry and commerce has this power. The competent department at a higher level of the debtor can only adopt methods such as explanation and education, providing various services for enterprises or helping enterprises to improve their management and economic benefits, and strive to urge the debtor to honor the contract and fulfill the due debt contract as soon as possible. If the debtor deliberately defaults on his debts, he is likely to "listen attentively" to the persuasion and education of the higher authorities, accept all the help and services provided by the higher authorities, and ignore the requirements of the higher authorities to fulfill his debts. For this kind of debtor, we should find another most effective method. Otherwise, it is difficult for debt collectors to achieve their goals.

In addition, it is better for debt collectors to use administrative intervention to collect debts as an auxiliary means of other debt collection methods, not only because the above-mentioned administrative departments have limited power to supervise and intervene the debtor's debt contract, but also because the economic development in various parts of China is unbalanced and local conservatism is still very serious in some people's thoughts and behaviors. Many times, the debtor's competent department will take the initiative to excuse the debtor, because for creditors and debt collectors, the interests of the debtor and its competent department are always the same.

In short, when a debt collector decides whether to help him achieve his actual debt collection purpose through administrative channels, it is best to first investigate the situation of the competent department, find out the attitude of the competent department towards the repayment of debts by his indebted subordinates, and find out whether the debtor's competent department can act fairly in accordance with the provisions of national laws, regulations and policies, and whether the debtor's competent department has the sincerity to help the debt collector. These surveys are very important for debt collectors to correctly judge the situation and take effective actions. If debt collectors omit these necessary investigations and think that state organs can strictly abide by state laws and regulations, they will act in strict accordance with state policies and blindly trust the debtor's competent authorities. In most cases, all the work done by debt collectors for this purpose has been in vain.

2. Use the supervision function of financial institutions to help collect debts.

Financial institutions refer to the People's Bank of China and its specialized banks and urban and rural credit cooperatives. China's financial institutions, that is, major banks, play a huge role in national economic construction and the whole social and economic life. China's major banks have dual identities. On the one hand, as independent civil subjects, they have equal and mutually beneficial economic ties with other civil subjects. On the other hand, they exercise the functions and powers of the state financial management organs and have the right to conduct comprehensive credit supervision over the entire economic activities of legal persons, economic entities or individual citizens who have obtained loans from state banks in accordance with relevant state laws, regulations and policies. On the one hand, this supervision function of the national bank can ensure the rational use of funds, on the other hand, it can stabilize the economic life order of the whole society in some aspects and within a certain range, thus promoting economic development.

According to the supervision function of banks, in the case of debt disputes in China, debt collectors or creditors can help banks achieve the purpose of debt collection.

According to the law of our country, all economic exchanges between legal persons must be settled by transfer from the national bank or credit cooperatives, except for cash allowed by the state regulations. This provision enables the national bank to have the function of settlement management of enterprise economic exchanges.

National laws endow the national bank with the function of settlement management, so that the national bank not only undertakes the obligation of receiving and paying for account holders (that is, legal persons or enterprises), but also enjoys the supervision over the financial and economic activities of account holders (that is, legal persons or enterprises). At the same time, the national bank also has the right to make compulsory settlement for account holders (legal persons or enterprises) according to law.

According to the settlement management function of the national bank, if the debt collector or creditor still can't negotiate with the debtor to solve the debt dispute through their own efforts, they can't urge the debtor to perform the debt. Then at this time, the creditor can apply to the state for assistance and help the debtor to collect debts through banks that have credit relations with the debtor. If the debtor turns a blind eye to the bank's help to the debt collector, turns a deaf ear to the bank's persuasion and persuasion, and still sticks to his own opinions and defaults on the debt for no reason, then the bank has the right to deduct money and pay off the debt for the debtor to meet the needs of creditors to realize their creditor's rights.

There are two ways of bank settlement management, one is collection and acceptance, that is, the bank pays for the account holder. If the bank needs to ask for money or pay off debts on behalf of the account holder, it usually needs the consent of the account holder; The other is that the collection is not honored, and the function of collecting money on behalf of the account holder remains unchanged. Different from collection and acceptance, when the bank needs to pay the relevant money or pay off the relevant debts on behalf of the account holder, it does not need the consent or commitment of the account holder. At present, the national banks in China generally carry out collection and acceptance. When the collection and acceptance settlement method is adopted, if the account holder (usually the buyer) deliberately delays or even refuses to pay the payment on time according to the provisions of the settlement system, the bank can force the deduction from another account holder (usually the seller) according to the provisions of the settlement system. Even if the buyer delays payment for some reason, the bank will deduct the penalty for delayed payment.

Our country's law also stipulates that the national bank has the function of assisting implementation. The assisting execution function of the State Bank mainly refers to that after the mediation, arbitration and judgment of China's economic contract disputes by the state arbitration organization or the people's court have become legally effective, one party still fails to perform its obligations within the specified time, and the other party can apply to the people's court, and the people's court will notify the relevant banks or credit cooperatives to assist in the execution of the legally effective mediation, arbitration decision and judgment, and forcibly deduct or transfer money from the debtor's bank account to pay the debtor's debts to creditors.

A debt collector's understanding of the above two points is very helpful for him to successfully complete the debt collection task. Because it can be said that there are few enterprises in China, regardless of their size, that don't deal with banks, especially after all the liquidity of enterprises is changed to loans (that is, state funding is changed to loans provided by banks), the economic exchanges between enterprises and banks are more frequent. Therefore, with the help of banks, it is an effective means for debt collectors to realize their debt collection in most cases, especially the "triangular debt" between large and medium-sized state-owned enterprises in China. Because of its complicated reasons, it is very difficult to rely solely on debt collectors to collect debts at home. Of course, it is not easy for banks to agree to the requirements of debt collectors and help them collect debts. It is not easy for debt collectors to get help from banks. To get the bank's consent and help, debt collectors must do a lot of work. As for how to get the bank's consent and help, there are no fixed rules to follow, which requires debt collectors to act according to the actual situation. Certain public relations skills and financial knowledge are the basic conditions for debt collectors to win bank support.

3. Use economic countermeasures to help collect debts

The so-called economic counter-measure in debt collection refers to the method of forcing the debtor to perform the debt tit for tat according to the principle that both parties perform the contract at the same time (that is, both parties are creditors and debtors).

Debt contracts in real economic exchanges are mostly bilateral contracts, that is, creditors are debtors and debtors are creditors. For example, in a technology transfer contract, the creditor transfers the technology to the debtor, and the debtor is obliged to provide the creditor with the transfer fee and enjoy the right to use the technology. The creditor has the right to obtain the transfer fee and is obliged to provide the transferred technology. The obligation of debt, both sides are equal. For example, in futures trading, buyers and sellers owe me something, I owe you money, and I owe each other money. In the above two cases, if the party who has the obligation to pay in advance fails to pay at the due date, the other party can postpone the time of fulfilling the obligation to pay and compete tit for tat. Until both parties pay in advance according to the contract. For example, if the transferee fails to pay the transfer fee on time, the transferee can delay the transfer of the technology, so that the transferee actually has no right to use the technology and cannot obtain the benefits of using the technology. The transferee will not transfer the technology until the transferee pays the transfer fee in full to the transferor. This is called competition. In real debt collection cases, there are still many successful debt collection methods.

This method of using economy to confront debt collection is called "automatic telephone" principle by some debt collectors. As we all know, you can't use an automatic phone without inserting a coin, so people never make an automatic phone call without paying. Extending this principle to debt collection can force debtors to change their attitude and give up their intention of deliberately defaulting or defaulting on their debts. Timely performance of debts, such as a company renting a counter from a shopping mall. When signing the lease contract, it is stated that the debtor (lessor) must pay the rent to the debtor (lessor) on time every month. If the counter operator fails to pay the rent to the mall for several months in a row, the mall finally decides to terminate the lease contract with a certain enterprise. On the third day, the chief financial officer of the enterprise found the shopping mall with the rent, and apologized for a long time without saying anything about returning the money. For another example, a famous beverage factory signed a purchase and sale contract with a company, stipulating that the company would send people to urge the beverage factory to deliver the goods every day, but they did not pay for the goods. In this regard, the beverage factory has never sent a bottle of beverage to the company. Later, I learned that this company is a famous deadbeat company, and many beverage factories have been fooled. Only this one survived. It is conceivable that if this beverage factory, like other beverage factories, is confused by a company's lies and absently sends drinks to the company, the payment for tens of thousands of yuan will be delayed.

One thing to remind debt collectors and creditors is to pay special attention to the discretion when using economic means to collect debts.

Grasp the scope of application of economic countermeasures. Generally speaking, debt collection by means of economic competition is limited to the same legal relationship, that is, the same creditor-debtor relationship. To be clear, it is limited to the same debt contract, and such debt contracts must be bilateral contracts, such as technology transfer contracts, housing lease contracts, commodity purchase and sale contracts, commodity exchange contracts and so on. In these contracts, the creditor assumes some obligations while realizing the rights, and the debtor enjoys some corresponding rights after performing the debts. For example, a steel company once signed a reciprocal contract with a refrigerator factory for some of its self-selling steel products. The refrigerator factory supplied a specified number of refrigerators to the steel company, so the steel company supplied a corresponding number of steel products. The refrigerator factory has the right to obtain steel after delivering the refrigerator, and the steel company has the obligation to provide steel to the refrigerator factory after obtaining the refrigerator. In the contract between the two parties, if one party fails to perform it, then the other party can confront it in a tit-for-tat way. Take the reciprocal contract of refrigerator factory steel company as an example. The contract stipulates that the refrigerator factory will supply the refrigerators of the iron and steel company first, and then the iron and steel company will supply steel to the refrigerator factory. If the refrigerator factory does not supply refrigerators first, the steel company has the right not to supply steel for the refrigerator factory. Steel was not supplied until the refrigerator factory supplied refrigerators. This tit-for-tat approach is completely legal for steel companies, and it does not violate contracts or laws and regulations.

However, if the debt collectors or creditors do not use economic countermeasures in the same legal relationship, that is, they do not use countermeasures in the same creditor-debtor relationship, that is, the debtor does not repay the debt in one debt, and the creditors fight back in another debt of both parties, then the creditors and debtors are both in breach of contract. This is not allowed by law, and the creditor will bear the responsibility of paying liquidated damages and compensating for losses. Take the refrigerator factory steel company as an example. If they don't sign reciprocal contracts, they are two sales contracts, that is, the steel company buys refrigerators from the refrigerator factory with money, and the refrigerator factory also buys steel from the steel company with money. If the iron and steel company pays for the refrigerator in advance and the refrigerator factory delays the supply of the refrigerator, then if the iron and steel company refuses to supply the steel after recovering the payment for the steel purchased by the refrigerator factory, it also clearly tells the refrigerator factory that only by supplying the refrigerator immediately can the steel of the iron and steel company be obtained as soon as possible. This kind of confrontation is not allowed by law, and steel companies have violated laws and contracts as well as refrigerator factories. If the refrigerator factory recovers the liquidated damages at this time and demands compensation from the steel company, the steel company must. In this way, its structural steel company may not be worth the loss. For another example, a shopping mall once bought a batch of goods worth 65,438+10,000 yuan from an enterprise, but the enterprise never delivered the goods to the shopping mall after receiving the payment, and the shopping mall sent people to ask for unsatisfactory answers many times. It happened that the enterprise had to buy another commodity worth 6.5438+0.5 million yuan from the shopping mall, because this commodity was exclusively distributed by the shopping malls in the province. At this point, the relevant personnel of the mall decided to withhold the payment from the enterprise first, not to deliver the goods temporarily, and told the enterprise that it must fulfill the supplier obligation of a commodity worth 654.38+10,000 yuan, and then the mall delivered the goods they wanted to buy to the door. If the enterprise after fulfilling its obligations to the shopping mall, turns around and claims losses from the shopping mall, the decision-makers in the shopping mall are very angry, and finally they have to pay liquidated damages to the enterprise because they can't resist the majesty of the law.

Both of the above situations are the result of abusing economic countermeasures. If economic countermeasures are not used in the same creditor-debtor relationship, the behavior of creditors (or debt collectors) is regarded as a kind of revenge in law. It is an improper act that intentionally damages the legitimate interests of the debtor and must be punished by law.

However, in the practice of debt collection, a considerable number of debt collectors or creditors have succeeded in this way. The debtor not only failed to repay the debt in time, but also failed to pursue the creditor's responsibility. This happens because our citizens' legal quality is not high and their legal awareness is not strong, and many people still don't know how to use the law to safeguard their legitimate rights. The same is true of many debtors. I don't know that as long as the debtor seizes the opportunity and grasps the facts, he can also recover the liquidated damages and compensate the losses from the creditors. This success was purely accidental. With the enhancement of China citizens' legal knowledge, debt collectors and creditors must carefully grasp the legal boundaries of using economic countermeasures to collect debts. Don't cross the line, or you will be at your own risk.

4. Use the means of interrupting the cooperative relationship to help collect debts.

With the gradual acceleration of China's socialist modernization process, the degree of socialized mass production is getting higher and higher. A major feature of socialization of production is that it is impossible for any manufacturer or any economic entity to engage in production alone, nor can it exist alone. It must survive and develop in cooperation with survey manufacturers and other economic entities. Moreover, the more developed the social commodity economy is, the finer the social division of labor is, and the more interdependent and cooperative various manufacturers, economic entities and social members are, so that the production, supply, transportation and sales of the whole society form an interdependent and indispensable circular system, and no link can be short, and no link can make a big mistake, otherwise it will seriously affect other links. For example, steel companies must supply it with iron ore, coal, coke, electricity and so on. And the refined steel must be transported by the transportation department to those manufacturers or companies that need steel. If there is no factory acquisition, if there is no transportation by railway, waterway and highway transportation departments, then iron and steel enterprises will not survive, let alone develop. For another example, if a literary work can't be published or published, if the published magazines, newspapers or books can't be sold, so there are no readers, then the work is equivalent to non-existence, no vitality and no influence. In a word, in the whole social system, all members of society can't live without each other, and they all have restrictive effects and can restrict each other.

According to this feature, in the process of debt collection, the debt collector can use the interruption of cooperation to force the defaulting party to pay the debt as soon as possible, thus changing the passive situation of "kneeling for debt collection". Because in this case, if the debtor doesn't pay off the debts to the creditors as soon as possible, it will suffer more losses because the creditors interrupt their cooperative relationship, especially when the two sides reach an agreement on short-term and long-term cooperation, the debt problem that the debt collectors can't solve by other means will be more "effective". In China's current debt reality, for debtors of collective enterprises or individual enterprises, it may be the most effective way for debt collectors of large and medium-sized state-owned enterprises to adopt this method. Because once large and medium-sized state-owned enterprises interrupt the cooperative relationship with collective enterprises, township enterprises and even individual enterprises, it is equivalent to cutting off the financial path of these collective enterprises, township enterprises or individual enterprises to a great extent, blocking their necks and making their survival extremely difficult. Therefore, the debtor should perform the debt to the creditor as soon as possible.

If the debtor or creditor interrupts the cooperative relationship with the other party, and the other party is also a large and medium-sized state-owned enterprise, then the debtor or creditor has to seriously consider and take it seriously. Because if the other party is a large and medium-sized state-owned enterprise, the cooperative relationship between them is likely to be bound by the state mandatory plan and protected by the planning law. If the cooperative relationship between them is really required by the national mandatory plan, then the debt collectors and creditors can't interrupt their cooperative relationship under any circumstances. For a realistic example, Panzhihua Iron and Steel Company has been in arrears with Panzhihua Mining Company and Panzhihua Mining Bureau of the Ministry of Coal for a long time because of its triangular debt. In particular, Panzhihua Mining Bureau itself is a national policy-making loss-making enterprise, and the funds are quite difficult, and sometimes even the wages of underground workers cannot be paid. In this case, managers, secretaries and others of Panzhihua Mining Bureau still frequently consult Panzhihua Iron and Steel Company. Pay back as much as you can, solve the urgent needs of the Mining Bureau, and never interrupt the supply of coal for ironmaking in Panzhihua Mining Bureau, because the coal supplied by Panzhihua Mining Bureau is allocated by the state mandatory plan, and the Mining Bureau must unconditionally implement the state plan. If Panzhihua Mining Bureau interrupts the coal supply to Panzhihua Iron and Steel Company, then the Mining Bureau will bear the responsibility of violating the national planning law, including economic responsibility, administrative responsibility and even criminal responsibility. Therefore, once the cooperative relationship between the two parties is protected by the national mandatory plan, creditors or debt collectors can only find another way to achieve the purpose of debt collection.

In addition, since China implemented the economic policy of opening to the outside world and invigorating the domestic economy, some domestic enterprises have broken through the previous restrictions and conducted horizontal joint operations. Among various forms of joint ventures, one is a cooperative joint venture, and two or more parties to the joint venture have cooperative contracts with each other, and their cooperative behavior is bound by the contracts. If the cooperation between the creditor and the debtor also belongs to this kind of cooperation, then the debt collector or the creditor cannot take the method of interrupting the cooperation to force the debtor to perform the debt, otherwise the creditor will be punished and entangled by the debtor for breach of contract. If the other party or parties to the joint venture have not signed a contract, the creditor or debt collector may consider this method, but still need to be cautious. Because the joint venture is beneficial to everyone, if the creditor interrupts the cooperative relationship, it will undoubtedly bring harm to the creditor's own interests.

5. Use "blood transfusion" to help debtors collect debts.

Creditors usually support debtors by "transfusion" in the following ways:

First, give financial assistance. If the reason why the debtor can't perform the debt on time is the lack of sufficient liquidity, so he can't maintain normal production and business activities, then if the creditor thinks that the debtor can resume and develop production with sufficient liquidity, he can get better economic benefits, and he can provide the debtor with necessary financial assistance to enable the debtor to resume and develop production. Earn profits and pay off debts.

Creditors have direct and indirect ways to provide financial assistance to debtors. Direct assistance means that creditors directly provide necessary funds for debtors, while indirect assistance means that creditors provide bank loan guarantees for debtors, so that debtors can obtain payment from banks, develop production and earn profits.

Second, give technical support. Science and technology are playing an increasingly important role in the economic life of modern society, and the close relationship between science and technology and economic benefits has been recognized by more and more people. For enterprises, technology is benefit and technology is profit. Providing technical assistance and investment to the debtor, such as upgrading the debtor's equipment, reforming the debtor's production process and technology, improving the performance of the debtor's products and helping the debtor to develop new products, can not only help the debtor improve its economic benefits and earn profits, but also inject new vitality into the debtor and increase its development potential, so that the debtor can benefit from technical assistance for a long time.

Third, give material support. If the debtor is unable to pay off due debts due to the lack of raw materials necessary for production and operation or the backlog of products produced, the creditor may provide the debtor with necessary material assistance to support the normal production and operation activities of the debtor. The specific way can be that the creditor directly provides the debtor with the raw materials needed for production, or the creditor can help the debtor sell its overstocked products through its own channels or networks, so that the debtor can turn losses into profits. The material help provided by creditors can often make the debtor get immediate results, thus enabling the debtor to take the initiative.

Fourth, give funds to manage "software". When the debtor is unable to repay the debt, the reason is that its own management is illegal and its management is irrelevant. In other words, if the debtor is unable to repay the debt due to improper management, the creditor should suit the remedy to the case and give the management "software" funding.

The so-called "software" investment in management means that creditors help debtors to establish a scientific and efficient management system. Including the collection of market information, rapid decision-making according to market changes, research and development of new products, guarantee of production raw materials, production quality of products, sales of products and feedback from users. So that the debtor's production and operation are normal, the product structure is reasonable, the sales market is prosperous, the economic benefits are improved, the profits are increased, and the solvency is enhanced.

Creditors' support for the debtor's management "software" seems to be less direct, direct and obvious than giving money, materials and technology, but the far-reaching influence and practical benefits to the debtor are often far more than giving money, materials and technology.

Fifth, if the creditor has no time and energy, and subjectively is unwilling to spend time and energy to consider the debtor's survival and development, and mainly focuses on how to make the debtor repay the debt as soon as possible, then the creditor can give the debtor some short-term financial assistance or help. For example, creditors can match the bridge and win a few big businesses with less investment and quick results for debtors, or creditors can sell their best-selling products to debtors, so that debtors can get high profits quickly in a short time, so as to pay off their debts to creditors as soon as possible.

Although this kind of help has the same immediate effect as giving money, goods and technology, it does not help the debtor solve the fundamental problem. Once the debtor discovers the true intention of the creditor to provide such help, it is worth considering whether the creditor's wishful thinking can still be played down. We believe that unless there are special circumstances, creditors should help others to the end and take the first four ways to "transfusion" the debtor.

Creditors should pay attention to risks when providing "blood transfusion" support to debtors, whether they give money, materials, technology or management software to support debtors. Therefore, creditors should investigate, supervise and inspect the debtor's acceptance of "funding" at any time, and give timely guidance, so that the creditor's "investment" can really play a role and the debtor can really get benefits and profits.