What should I do if the debtor owes money? What should the other party pay in arrears? Can direct prosecution work? What if I win the lawsuit and still can't get the money? What if the debtor is running? The debtor has a lot of creditors who have long been insolvent. Is it useful for me to be a creditor? Who has the priority to seize the debtor’s property first? Does the lawyer's agent have a grasp of winning this case? Can you guarantee to help me recover the money? Many questions have been hovering in the minds of creditors. Based on the law and work experience, the company has to sort out the hot issues and techniques of debt collection.
1. What should I do if the debtor owes money and does not pay back?
When there is a problem of owing money and defaulting on the payment of the project, the first thing is to find a lawyer to consult and listen to the lawyer. This is like having to see a doctor once you have a medical condition. Some customers do not have the awareness of finding a lawyer. They are habitually “prescribing medicine” and “taking medicine”. The result is often the delay of the best “time to cure”. It’s even worse if someone even “opens the wrong medicine”. Some customers are not willing to find a lawyer, there are many factors, some think that the lawsuit is useless, and some think that the lawyer is to make money and so on. Other customers pay special attention to the lawyer's fees, and ask the lawyer how to charge on the phone. This is an unscientific attitude of lawyers. Finding a lawyer is not a blind price comparison. A lawyer is an intellectual worker. It is a combination of intelligence and experience! Elite lawyers are more creative and experience-oriented than the mediocrity of mediocrity lawyers!
2. Is the direct prosecution after the debtor owes money?
Whether to sue, it should be measured by two criteria. The first is that there is still no hope that the negotiation and negotiation methods have been exhausted. Second, whether the evidence accepted by the court is sufficient. In reality, many debts can be settled through negotiation and negotiation by lawyers, and they do not have to be resolved through litigation. The key to solving through negotiation is to give the other party sufficient psychological pressure to pass the lawsuit. This requires lawyers to analyze the psychological weakness of the debtor through the details, as long as the psychological weakness is found, and then take a targeted approach, often with half the effort. Lawyers help creditors find the debtor's psychological weakness. Start with the details, boldly imagine a breakthrough, don't be afraid of the other party and the backstage behind them, but instead use some of the seemingly "strong" backgrounds of the other party to make a good article. In the middle of the power tactics to defeat each other. If there is a background of government officials behind the other party, it is necessary to make use of the "background" of the other party to make a fuss. To effectively prompt the other party's back-office background, the risk of being disclosed is clever, and only the big tiger behind the debtor is shocked. In order to truly surrender the debtor!
3. What should the debtor do when he runs?
Once the debtor runs, it means that there is no possibility of negotiation, and only the court of law is resolved. Many creditors are very pessimistic and pessimistic can't solve the problem. The debtor’s running does mean that the lawsuit may be a long way to go, but you need to pay attention to the method. Be sure to list the spouse of the other party as a co-defendant, and at the same time, pay attention to whether the other party has other due claims to recover from the claim, and consider whether there is a possibility of filing a subrogation right! And immediately take legal measures to protect. In the case that there are many other creditors who will sue for recovery, it is necessary to be aware that the lawsuit preservation measures do not enable the applicant to have a legal priority settlement right! So you need to make a careful decision.
Fourth, so many creditors, can I sue for personal use?
In the case of debtors facing a number of creditors, it is often a dead pig not afraid of boiling water, because he thought that I have no money to pay debts anyway! A creditor’s lawsuit cannot be used to block other creditors from prosecuting. In the future, how much money can I get from this lawsuit? This question is a very practical one. My point is that if you don't sue, the borrowing in your hand is a piece of waste paper that can't be executed by the court. If you sue, you still have the possibility to participate in the execution in time.
5. Who will first seize the debtor’s property, and who will have the priority to sell the repayment?
This is a very broad question, and the answer is very clear. The seizure of the property of the other party is one of the methods of litigation preservation. It does not belong to property rights, does not belong to security interests, and does not have statutory additional rights to the debt itself. Therefore, whoever first seals up is the same, those who have not applied for litigation preservation have the same rights as the creditors who have taken the lawsuit preservation measures!