How to legally collect debts?

We may have encountered related debt collection incidents. In fact, debt collection is mainly due to the debtor's failure to repay in time and the creditor's recourse. In general, it is illegal for creditors to protect their rights and interests through debt collection, but there are still exceptions. So under what conditions is debt collection legal?

What are the conditions for legal debt collection?

First of all, there must be evidence to prove the existence of debt relationship.

Second, there must be the minimum information of the debtor.

Third, there must be enforceable clues to the debtor's property interests. Fourth, we should pay attention to the provisions of the statute of limitations and create and retain evidence of the interruption of the statute of limitations. Matters needing attention in debt collection:

1, to prevent debt evasion in debt collection. In order to avoid debt, the debtor may be prepared to transfer and dispose of the goods and replace them with consignment goods, which makes it difficult to pay off the debts.

2. Pay attention to skills and strategies, carefully understand the debtor's situation before debt collection, collect information, and determine the methods and strategies for debt collection on the basis of consulting consultants and experts.

3. Make full use of emotion, reason, benefit and law, move with emotion, understand with reason, help with benefit, and sue with law.

1. What are the conditions for legal debt collection?

1. Evidence to prove the existence of creditor's rights and debts.

Transaction contracts, bills of lading, receipts, statements and bank records can all be used as evidence to prove the existence of the relationship between creditor's rights and debts.

2. Information proving the identity of the debtor.

If the debtor is a natural person, a copy of ID card and residence address are required. If the debtor is a company, it is better to have a bank account. Special attention should be paid to the company's change of name and domicile, so that creditors can't find it, so as not to be in debt. Some citizens often move their household registration, and they can't find anyone after a long time. Therefore, creditors must pay attention to retaining and collecting debtor's information.

There should be clues about the debtor's property.

Many debtors often claim that they are unable to pay their debts, but in fact they hide their property. In order to prevent the debtor from getting the property after winning the case, we should pay attention to collecting the debtor's property clues.

4. It should be pointed out that the limitation of action to apply to the court for protection of citizens' rights is two years. As far as the payment for goods is concerned, it begins when the debt expires and the other party refuses to return it. The limitation of action is interrupted by the institution of a lawsuit, the request of one party or the agreement to perform the obligation. After the limitation of action is interrupted, the period shall be recalculated.

Second, what are the conditions for legal debt collection?

When filing a lawsuit to pay off debts, the following materials shall be submitted:

1, the original indictment, with copies submitted according to the number of defendants;

2. The qualification certificates of the parties (including the plaintiff, the defendant and the third party). );

3, debt content, debt performance and other aspects of evidence. Mainly includes:

(1) Evidence materials such as IOUs, receipts, contracts, etc. that prove the creditor-debtor relationship between the two parties;

(2) Evidence that the plaintiff has delivered the subject matter to the defendant.

(3) Evidence that the defendant has the ability to repay and refuses to perform the debt.

3. What are the legal ways for individuals to collect debts?

(a) the implementation of the notary law

Compulsory notarization refers to the notarization of the creditor's rights documents by the notary organ according to the application of the parties concerned. After examination and verification, it is found that the documents and articles for debt collection are unquestionable, and they are given compulsory enforcement effect according to law. Using this method, creditors can save complicated litigation process and litigation costs, which is a simple and efficient way to collect debts.

(2) Compensation priority law

According to the provisions of China's security law, the debtor or a third party may provide the creditor with the mortgage or pledge of real estate or movable property as a guarantee for the performance of the debt. When the debtor fails to perform the debt, the creditor has the right to discount the mortgage or pledge or give priority to compensation with the price of auction or sale of the property according to law. If the obligor of the custody contract, processing contract or transportation contract fails to pay the custody fee, processing fee and transportation fee, the obligee may retain the property in custody, processing and transportation, auction or sell it, and give priority to compensation.

(3) Law on the Guarantor's Priority of Recourse

It means that the guarantor has the right to demand repayment from the debtor after assuming the guarantee responsibility. Under normal circumstances, the guarantor can only claim the right of recourse from the debtor after paying off the creditor's rights he guarantees. However, under special circumstances, the guarantor may also exercise the right of compulsory compensation in advance.

4. Is it legal to entrust a debt collection company to recover the arrears?

At present, registered "debt collection companies" generally handle subordinated debts in the name of credit reporting companies, which is a legal transfer of creditor's rights and is legal. Generally speaking, they are not called debt collection, but called "commercial account collection", and the person entrusted to help collect debts is the "commercial account collector".

In the field of civil law, the law is free and not prohibited. Although there is no creditor-debtor relationship between the trustee and the debtor, the trustee holds the creditor's power of attorney, which shows that the creditor's rights certificates such as "IOUs" held by him have legal sources. So it is not illegal to entrust others to help them collect debts in a legal way.