If a customer defaults on payment, the parties can resolve the issue by applying for arbitration or directly filing a lawsuit. If a lawsuit is to be filed, it should be noted that the plaintiff must have a direct interest in the case, a clear defendant, and a specific Litigation claims, facts and reasons, etc.
1. How to deal with customers' default in payment:
1. Collect evidence of the customer's default in payment and negotiate with the customer first. If the negotiation fails, you can go to court and claim repayment.
2. If the court decides that the customer should repay the loan, but the other party still does not repay the loan within the specified period, the client can apply to the court for enforcement.
2. Things to note when recovering payment:
1. Pay attention to collecting and preserving evidence.
2. Pay attention to the statute of limitations and recover the payment as soon as possible. The statute of limitations for civil lawsuits is three years.
3. Pay attention to the client’s property status and the other party’s movements to prevent the other party from transferring, hiding property or disappearing to avoid repayment.
3. How to deal with the other party's boss' default in payment:
1. Control during the event, that is, if the other party is found to have late payment or other breach of contract during the performance of the contract, corresponding measures should be taken promptly Measures, such as notifying the other party to terminate the contract, reporting to the company to take prompt collection measures, etc., so as not to delay the opportunity;
2. Post-remedial measures, once it is found that the payment cannot be recovered on time and there are difficulties in collection, evidence materials should be collected in a timely manner. Litigation or reaching a deferred repayment agreement with the other party and other corresponding measures.
Legal Basis
"Civil Procedure Law of the People's Republic of China"
Article 123 A complaint shall be submitted to the People's Court , and to file copies according to the number of defendants.
If it is really difficult to write a complaint, you can file a complaint orally, and the people's court will record it and inform the other party.
Article 128 The People's Court shall send a copy of the complaint to the defendant within five days from the date of filing the case, and the defendant shall submit a defense within fifteen days from the date of receipt. The defense statement shall state the name, gender, age, ethnicity, occupation, work unit, residence, and contact information of the defendant; the name, residence, and name, position, and contact information of the legal person or other organization and the legal representative or principal person in charge. The People's Court shall send a copy of the defense to the plaintiff within five days from the date of receipt of the defense.
If the defendant fails to submit a statement of defense, it will not affect the trial of the People's Court.