We may have met the events related to debt collection, in fact, for debt collection is mainly due to the debtor due to not timely repayment caused by the creditor's recovery, usually, the creditor through the collection of debt to protect their rights and interests is necessarily illegal, but there are still exceptions. So what conditions are legal debt collection?
Legal debt collection to have what conditions?
First, there must be evidence that can prove the existence of the debt relationship.
Secondly, there must be a minimum of information about the debtor.
Third, there should be clues to the debtor's enforceable property interests. Fourth, be aware of the provisions of the statute of limitations, create and retain evidence of the interruption of the statute of limitations. Debt collection should pay attention to matters:
1, debt collection in the prevention of debt evasion, the debtor in order to evade the debt may appear the debtor is ready to transfer the goods, processing, replacement of goods on behalf of the sale of goods, it is difficult to be used for debt and other situations.
2, pay attention to the skills, strategies, debt collection should be carefully understand the debtor before the situation, collect information and data, based on consultants, experts, to determine the debt collection methods, strategies.
3, the full use of love, reason, profit, law, moving with emotion, reason, supplemented by profit, the law.
I, legal debt collection to have what conditions
1, proof of the existence of debt relationship evidence.
Transaction contracts, delivery lists, receipts, statements, bank records, etc. can be used as evidence to prove the existence of debt relations.
2, prove the identity of the debtor subject information.
The debtor is a natural person needs to be a copy of its identity card, residential address and so on. The debtor is a company's best to have a bank account. Special attention should be paid to companies changing their names and residences, making it impossible for creditors to locate them, thereby evading the debt. Some citizens also change their residence and domicile so often that they cannot be traced for a long period of time. Therefore, creditors must be careful to keep information about their debtors.
3, to have the best have the debtor's property clues.
Many debtors often claim that the ability to repay debts, in fact, but hidden property. In order to prevent winning the lawsuit can not get property, should pay attention to collect the debtor's property clues.
4, to pay attention to the court to request protection of civil rights of the statute of limitations period of two years, on the arrears of payment, it is from the maturity of the debt and the other side of the refusal to return from time to time. The statute of limitations is interrupted by the filing of a lawsuit, one of the parties to request or agree to fulfill their obligations. After the interruption of the statute of limitations, the period is recalculated.
Second, what are the conditions required for legal debt collection
Legal litigation debt should be submitted in the prosecution of the following materials:
1, the original indictment and submit a copy of the number of defendants;
2, the parties to the subject matter of the proof of eligibility (including the plaintiff, the defendant and the third party, etc.);
3, the content of the debt, debt fulfillment, etc. Aspects of evidence. Mainly:
(1) prove the existence of debt relationship between the two sides of the debit notes, receipts and contracts and other evidence;
(2) the plaintiff has been given to the defendant's evidence of the subject matter.
(3) the defendant has the ability to repay, but refused to fulfill the debt of evidence materials.
Three, what are the methods of individual legal debt collection?
(A) enforcement notarization method
Enforcement notarization, refers to the notary public according to the application of the parties, for the recovery of debts, articles of the instrument, after examination and verification of the undisputed that the creditor's instrument notarized, and according to the law to give its mandatory enforcement effect. Adopt this way, so that the creditor eliminates the complex process of litigation, saving litigation costs, is a simple and efficient method of debt collection.
(B) the right of priority method
Per China's security law, the debtor or a third party can provide the creditor with immovable property, movable property mortgaged or pledged, as a guarantee for the performance of the debt, the debtor does not fulfill the debt, the creditor has the right in accordance with the provisions of the law to the property mortgaged or pledged at a discount or by auction, the sale of the property of the price of the priority of compensation. For example, the custodian contract, processing contract, the obligor in the contract of transportation, do not pay the custodian fee, processing fee or transportation cost, the right person can retain custody, processing or transportation of property, auction or sale of priority compensation.
(C) the guarantor priority recovery law
means that the guarantor in the guarantee liability, after the debtor has the right to request reimbursement. In general, the guarantor can claim the right of recovery from the debtor only after settling the claim it guarantees. However, in special circumstances, the guarantor can also be exercised in advance right of compulsion.
Four, entrusted debt collection companies to recover money owed to the legal
Currently registered "debt collection companies" generally in the name of credit credit companies, dealing with secondary debt, belong to the legal transfer of claims, is legal. Generally speaking, they are not called debt collectors, they are called "commercial debt collectors", and the people who are entrusted to help collect debts are called "commercial debt collectors".
In the field of civil law, there is no prohibition or freedom. Although there is no debt relationship between the trustee and the debtor, the trustee holds the creditor's power of attorney, which indicates that the creditor's credentials, such as "debit notes", have a legitimate source. Therefore, entrusted to others in a legal way to help themselves to debt collection, and does not violate the law.