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How to clear debt collection debt ?

October 3rd, 2009 Leave a comment Go to comments

First, the “Trojan Horse” debt collection law
(1) in the debt collection process, in particular, contact with each other in order if the concerns, interests, or even seriously consider the attitude of the other proposed fool the enemy into each other’s information Gaodao Shou, and then turn against each other in order to help conditions has been the practice.

2, “tit for tat” debt collection law
(1) is the storming of a war, is in the debt collection process in order to not compromise the hard-line stance to force the other side concessions strategy.
(2) operating skills: speaking to the point; “front” in rational, rather than inviting voice shouting.

Third, an “ultimatum” debt collection law
(1) to conditions or time to do a bargaining chip to force the other side making the final answer, debt collection methods.
(2) operating skills: take notice of “credible” word; this method can not be multi-purpose, neither with much effect, and also hurt.

4, “squeezing toothpaste-style” debt collection law
(1) is to exert pressure on the other side to make concessions debt collection methods.
(2) operating skills: should carefully study and analyze the contracts and the debt was incurred, and find out something which has been favorable; good at finding pressure; stress patience to arrange enough time.

Fifth, the “comic horse” debt collection law
(1), or a condition you want me to, I have a condition you have, adhere to the conditions of exchange of debt collection methods.
(2) operating skills: Stick to not allow ourselves to slip out of a condition in principle.

6, “count Xi Zhang,” debt collection law
(1) debt collection in the debtor before, or in the proceedings, the detailed calculations of various direct and indirect losses, and as much as possible to head into the accounts of virtual practice.
(2) operating skills: To have reason to, but fictions, as far as possible the other party without the case to be investigated.

7, “employ a prodding tactic” debt collection law
(1) refers to the language to stimulate each other, making them feel adhere to their views and positions have been directly harm their own image and self-esteem, and thus shake or change their attitudes towards the method.
(2) operating skills: You can only use words to stimulate, not playing attitude; language should be done to meet each other’s characteristics, attitudes have to done polite, friendly.

8, “to complain to the Law” debt collection law
(1) is in front of each other’s superiors say bad things about each other, to exert pressure on the other side will shake the purpose; or to promote leadership from deal to ease the contradiction between the two sides.
(2) Operating Skills: pay attention to complain to sue and accurate, regardless of the presence of each other or not, have to complain to the facts; speak to decency.

9, “red and white face,” debt collection law
(1) is a carrot and stick method of debt collection, debt collection from two people at the same time, a play the villain, a good cop; or debt collection by only one person, both good cop again play the villain.
(2) skills: a good cop who not only to “fierce”, but also verbally reasonable, maintain a good image; 2 play the villain and the general is a responsible person always has to be good at the furnace; 3 if a person and sing the Red and White face, will have to flexible.

10, “letters or telegrams” debt collection law
(1) is sent to the debtor by the creditor to demand payment reminder letter, telegram, fax, or by telephone easy way to achieve the recovery of debt and the settlement of the debt purposes.
(2) Advantages: a economical and practical; free amicable, easy to improve relations; as an emergency means of facilitating the timely interruption of limitation periods; allow creditors to collect and preserve evidence.
(3) Use scope: a business and the relationship has remained relatively close; two claims and liabilities is not clear and controversial or non-controversial; 3 the amount of small claims, and the debtor has the ability to pay; 4 the far distance, and the inconvenient transportation, or the debtor, a large and relatively dispersed; 5 creditors desire to do the right to collect and preserve documentary evidence.

11, “sitting” debt collection law
(1) Advantages: a user-friendly line, will help improve the efficiency of debt collection; 2 to facilitate a comprehensive understanding of the debtor’s situation and to formulate corresponding policies; 3 allow creditors to focus on edge “troops” fight “war of annihilation” or “tough fight.”
(2) Scope of application: a large number of the debtor, but in a certain region is also relatively concentrated; two claims and liabilities clear, easy to generate objections or disputes; 3 the total amount of debt, although modest, the average amount of the debt the debtor a number of small cases.

12, “legalization” debt collection law
(1) Advantages: a sense of responsibility to strengthen the debtor’s debt; two without trial procedures, you can apply directly for enforcement; three delays, as creditors, the limitation of remedial measures;

13, “to take compensation subrogation,” debt collection law
(1) The application of this Act should be noted: the transfer of a claim must be the debtor’s consent, and shall not profit; 2 to give full consideration to the size of the amount of the claim 2; 3 subrogation reimbursement check to be considered taking the feasibility of compensation;

14, “legal assistance” debt collection law
(1) The important role of lawyers: an advocacy role; two staff role; three key role; 4 agent role; five assistant role; 6 preventive role.
(2) The lawyer’s primary practice: a clean-up accounts, analysis into the debt causes; two dunning letters; three administrative intervention; four meetings convened by the debtor; five claims transfer; six lawyers of both places collaborative mediation; 7 signed a debt settlement agreement; 8 Request for Trade and Industry, the financial sector with the settlement of bills; 9 proceedings.

15, “merger debt settlement,” debt collection law
(1) implementation of the steps: a matchmaking leading to mergers; two signed an agreement to protect the creditor’s rights; 3 implementation of the agreement, realization of creditor’s rights.

16, “retention of discharge” debt collection law
(1) Advantages: 1 to ensure the realization of the debtor’s creditors; 2 to urge the timely fulfillment of the debtor’s obligations; 3 the same as a lien and the mortgage.
(2) Applicable conditions: 1 to creditors because of the contractual relationship premised on possession of the debtor’s property; 2 only if the debtor does not fulfill its obligations when due, the creditor can exercise the lien; three lien creditors, the property shall be in accordance with contractual and legal possession of the property ; 4 retention property of the creditor, after a certain period, the debtor is not the fulfillment of obligations, the creditor a lien could be attained.

17, “mortgage debt settlement,” debt collection law
(1) Operating method: a set mortgage; 2 the exercise of the right to possession of their collateral exceptions; 3 realization of the right mortgage
(2) the application should pay attention to: a review of the mortgagor should pay attention to whether the collateral ownership or the right of economic management; 2 the debtor or a third person should be provided by the collateral circulation according to the law of property; 3 realization of the right mortgage to comply with the statutory conditions; 4 implement “Duotuishaobu” principle; five people in collateral mortgage has priority rights; 6 to beware of false security provided by the debtor.

18, “bonded labor” pay talks France
(1) Advantages: a difficult, even in the direct performance of the debtor’s monetary obligation under, you can guarantee the realization of creditor’s rights; 2 for the debtor to provide a convenient and relaxed the conditions for repayment, so that the debtor’s repayment of debt settlement proactive; 3 easy to resolve disputes, promote unity and collaboration.
(2) Applicable conditions: a debtor should have the ability to provide services; two services provided by the debtor’s creditors should be required; 3 debtor provision of services should be voluntary; four of their labor debt the debtor shall not violate the law, without prejudice to the interests of society and the legal rights of others.

19, “Limitation” debt collection law
(1) Litigation effects of attention to the general statute of limitations when the
(2 years) and special statute of limitations provisions.
(2) Specific Operation method: 1 for the relationship between the debt clear, the facts are clear and sufficient evidence has not yet expired statute of limitations debt collection matters, first “ceremony” after the “soldier”; 2 Note, “Limitation of actions to suspend” use; 3 Limitation period is about to expire, the creditors because of the subjective or objective reasons for failure to exercise their rights, they can take appropriate measures to enable the interruption of limitation to turn passive into active; 4 correctly apply “the extension during the proceedings”; 5 open up strange , realization of the rights request.

20, “v. the former preserve the” debt collection law
(1) Advantages: 1 to prevent the debtor transfer, dissipation or concealed his property, in order to achieve the rights of creditors and the creation of conditions; 2 supervise the debtor’s debt initiative; 3 complemented by action means to ensure the realization of the rights of creditors.
(2) Applicable conditions: an application for the preservation of the main pre-v.; two applications before the preservation of the facts v.; 3 guarantee; four prosecution within the statutory time limit.
(3) It should be noted problems: a creditor in the application for pre-preservation of their property, the debtor should pay close attention to the “punishment” movement; 2 statute of limitations that have been more than the right to request, the creditor should not apply for pre-preservation of the v.; 3 depending on the circumstances to decide whether to exercise the right to sue; 4, when the applicant is unable to provide guarantees can be sued directly.

21, “v. the preservation of the” debt collection law
(1) Advantages: 1 to prevent debtors from hiding, transfer or sell the property should be the implementation of the subject matter; two debt collection creditor to grasp the initiative, and placing the debtor in the “passive passive” position; 3 to dovetail with the implementation process to ensure the realization of creditors rights.
(2) Applicable conditions: 1 Only the contents of the proceedings involving the property payments in order to apply to v in the preservation of property; 2 v. in the implementation of the reasons for the preservation of property is: one of the parties may conduct or other reasons, so that judgments can not be implemented or difficult to enforce; 3 People’s Court ordered the applicant to provide security in the circumstances, the applicant must provide to the people’s court the case of property subject to security or guaranteed by the Guarantor.
(3) should pay attention to problems: an attention to the application in the preservation of property v. time; 2, inability to provide economic security to prosecute the creditor should apply at the same time preserve the people’s court to explain their economic conditions; three courts in the implementation of v. protective measures, the creditor does not exclude the use v. the settlement, the prosecution in the mediation or litigation outside mediation to resolve claims and liabilities; four creditors are not made by the people’s court ruling not satisfied when the preservation of property. May apply for reconsideration once.

22, “Enforcement in” debt collection law
(1) applies “Enforcement in” the specific conditions: a clear relationship between rights and obligations between the parties; 2 no advance execution would seriously affect the rights of people living or production and operation; three were the applicant has the ability to be thoroughly fulfill their obligations.

23, “urged reminders” debt collection law
(1) Applicable conditions: a people’s court for a creditor to pay to make the case must be require the debtor to pay money, securities cases; 2 between the creditor and the debtor does not deal with the obligation to pay; 3 Payment Order can be served on the debtor; 4 creditors for payment of an order to the people’s court shall submit an application; five creditors, the people’s court shall have jurisdiction to apply.

24, “Application for implementation of the” debt collection law
(1) Applicable conditions: an application for entry into force of legal instruments should be the executor of the creditors or the substantive rights; the two application holders must have the implementation of the authority; 3 executor should apply for the statutory period for the implementation of an application; 4 Application executor of the people’s court shall have jurisdiction to apply; five creditors, according to the reasons for the application for enforcement should be: the debtor’s legal instruments in force within a specified period not perform or refuse to fulfill their obligations.
(2) should pay attention to problems: an application in time to avoid the “lose power”; 2 “trump card” in hand, compel him to comply; 3, which will ensure results.

25, “tracing hiding money” debt collection law
(1) the debtor’s hidden assets approach: a hiding-place; two different places hidden; 3 carry hidden; 4 the use of false contracts to transfer or conceal property; 5 the use of Jia An, transfer of property; 6 the use of secret bank accounts or concealed hiding property; 7 hypothetical claims actually conceal financial.
(2) Legal responses: a timely application for enforcement, in order to create the conditions for the implementation of the search; 2 by the People’s Court in accordance with the transfer of executive powers, and did not take enforcement measures, and found that the situation promptly notify the court; 3 on the people’s court has been seized and detained , freezing assets, creditors should not be taken lightly; 4 In order to search people’s courts have shown that investigation has received, the creditor should actively offer clues to search.

26, “the auction, liquidation sale,” debt collection law
(1) The forced sale should be noted: a forced auction of the implementing agency; two mandatory conditions for the auction; three mandatory prerequisite for the auction; four mandatory restrictions; 5 compulsory auction preparation; 6 forced the implementation of the auction; 7 is a direct discharge.

27, “Justice” to assist debt collection law
(1) Domestic civil action in the delegate implementation: a commissioned the premise; two are required to delegate the implementation of the grassroots people’s court Pizhihangren location, or the location of the property to be executed grassroots courts; three commissioned basis; 4 commissioned only by people’s courts; 5 comply with the mandated conditions; 6 entrusted with the implementation of specific procedures; 7 entrusted with the entry into force of the people’s court shall be in strict accordance with the provisions of legal instruments and commission the people’s court to require the executive …….
(2) foreign-related cases in the delegate implementation: a creditor wishes to “extra-territorial debt collection”, that I had an application for recognition and enforcement of the Court’s decision, they should follow China’s relevant procedures; two creditors of an application for recognition and enforcement of foreign arbitral award in China China should follow the relevant procedures and requirements.

28, “human nature” debt collection law
(1), precisely, is the debt collection people use in the psychological interpersonal communication with the debtor to establish some trust, friendship and support, creating an atmosphere of harmony, so as to achieve the purpose of debt collection debt collection methods.

29, “compassionate grounds” debt collection law
(1) specific in several ways: a walk wife (or husband) routes; two lovers walking routes; three friends walking routes; four relatives to go line; 5 take the customer line; 6 to go under the line.

30, “power” debt collection law
(1) The creditor or a third person with their own hands the power of the hands of the debtor or a disguised forced compulsory, often an effective way to achieve the claims.

31, and “short” debt collection law
(1), namely the use of an opponent’s weaknesses or coercion, or root of the problem, forcing the other into submission, to help creditors recover outstanding wages method.

32, “the masses” debt collection law
(1) is to use the masses of the “demographic dividend” on the opponent causing some momentum and influence, so that the debtor had to repay too much fear of the impact method.

33, “entangled” debt collection law
(1) The debt collector used Ruanmoyingpao “strategic” for the debtor to the implementation of “entangled” in order to gain their claims approach to debt collection law might be called entanglement.

34, “self-mutilation,” debt collection law
(1) debt collection person to commit suicide, self-inflicted injury self-mutilation or any other way, “request” the debtor’s debt obligations.

35, “honor killing” debt collection law
(1) The debtor’s failure to fulfill the debt, the creditor (or the debt collector) that harm the reputation of each other’s way of forcing the debtor in disguise.

36, “Exposure,” debt collection law
(1) refers to those circumstances are serious, the consequences of avoiding the debt very bad behavior through newspapers, radio, television and other news media to expose and criticize in order to achieve the purpose of debt collection methods.

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