How can the defaulting party use legal mediation to safeguard its own rights and interests?

How can the defaulting party use legal mediation to safeguard its own rights and interests?

Judicial cases. Cases involving arrears of 3 million yuan.

In July 2020, an industrial company of the defendant entrusted a real estate brokerage company of the plaintiff to sell a real estate project in Huizhou and signed a distribution contract. By the end of the cooperation between the two parties on February 1 20265438, the plaintiff had fulfilled the promotion and sales services as agreed in the contract, of which 62 suites had reached the commission settlement conditions, but the defendant failed to fulfill the payment obligation and still owed more than 3 million yuan in agency fees.

After many unsuccessful appeals, the plaintiff appealed to Daya Bay Court. The Litigation Mediation Center of Daya Bay District People's Court learned that it was difficult for the defendant to pay the referral agency fee in one lump sum due to the epidemic situation and regulations. The lawsuit mediation center of Daya Bay District People's Court conducted online mediation, which eased the contradiction between the two companies and made them willing to negotiate.

Finally, the defendant proposed that the remaining agency fee should be repaid to the plaintiff in four installments before 202 1 10 3 1, and the plaintiff abandoned the claim of liquidated damages and withdrew the lawsuit.

1 The defaulting party should know that the behavior of defaulting on service fees or payment for goods is a common situation in business, and there are similar "triangular debts". As a defaulting party, we should know more about the law, so as to better safeguard our rights and interests.

1. Once in arrears, we should follow up regularly: on the one hand, we should remind the defaulting party, on the other hand, we should pay attention to the operating situation of the defaulting party, unless the other party is a national day, a central enterprise or a listed company, which is not a big problem; If it is a small and medium-sized private enterprise, it is necessary to pay attention. Sometimes the business situation is suddenly in a hurry, saying that it will close soon; Sometimes the other party will do some malicious transfer of property; Sometimes other creditors have been gearing up and suing for money, and they are ahead of you. So follow up.

2. Take some legal measures according to different situations: you can ask for a repayment plan and sign a repayment agreement in the early stage; Require the provision of collateral or a guarantor or a third party to join the debt; Require the actual controller to give priority to "ironing" the debt here with other plate assets, and so on.

3. Be flexible in strategy: Daya Bay case is a strong proof. In this case, the developer and the real estate agency met each other halfway and achieved good results. Don't quibble, save the package and improve the utilization rate of funds. As long as the other party has sincerity to deal with it, it doesn't need to be too strong. "Not eating a penny" may cause greater losses in the future. And the follow-up does not rule out that both sides should do business. Of course, in mediation, lawyers often encounter the situation that the so-called scheme given by the other party is not sincere, so there is no need to negotiate. So the analysis is that the strategy should be flexible. The online mediation mentioned in Daya Bay case needs to be explained in combination with the actual situation and the reform of civil procedure law promulgated in February 20021.

Litigation activities are conducted online through the information network platform.

1. Many litigation activities are conducted online through the information network platform. For example, the mediation of Daya Bay case is conducted online. In the future, both parties can submit/sign litigation documents, sign transcripts to express their opinions, and hold court sessions in different places, all of which can be conducted through the WeChat applet "Mobile Micro Court". In the future, judgments and conciliation statements will be delivered electronically. Of course, the court will also provide a paper version at the request of the parties.

2. Shorten the delivery period of the announcement. The announcement period was shortened from 60 days to 30 days. If the whereabouts of the addressee is unknown and the conditions for the delivery of the announcement are met, it shall be deemed to have been delivered within 30 days from the date of the announcement. This saves time and improves litigation efficiency for the parties whose whereabouts are unknown or who maliciously refuse to respond to the lawsuit.

3. The procedure of second instance is more simplified. The second trial procedure is more simplified and there is no need for a court session. In other words, if the court considers that there are no new facts, evidence or reasons and it is unnecessary to hold a hearing, it may not hold a hearing. Therefore, all parties concerned should pay more attention to the first instance procedure in the future.