The rise of debt-collection matters has been followed by the widespread use of credit in today's society. Some creditors take all sorts of ways to collect debt, but they don't necessarily succeed. And what are the requirements for a creditor to successfully collect debt? Creditors can't get their money out of the way, and if the creditor has a claim, how will the debt be paid? For these issues, this article will be covered in detail.

What are the conditions for a successful debt collection

First, there should be proof of the existence of a debt relationship. Generally speaking, a debit, a contract, a delivery list, a receipt, a bank record, etc., can be used as proof of the existence of a debt relationship.

Second, there should be definite information of the debtor. It is common to divide and merge between companies now, and many companies have changed their names and domicile by dividing or merging, so that the original creditors can't find themselves, so as to avoid the debt. Some citizens often migrate their hukou, and the time is not easy to find. Therefore, it is necessary for the creditor to pay attention to the debtor's movements, so as to avoid the debtor's bad debts.

Third, there should be a list of assets to be executed by the debtor. Many borrowers often have excuses not to pay their debts, and in fact many debtors hide their property. In general, in order to get the true financial condition of a company is relatively difficult, but we can take other indirect methods, such as can be roughly understanding to the other side of the business situation is good or bad: understanding the income of the company staff to indirect proof of its financial condition quality, also can go to industrial and query the enterprise archives; A citizen who owes a debt can understand his ability to repay his debts indirectly by understanding the income status of his unit and the income of his or her family, or by accepting the inheritance and gift. Lawyers or courts can also be commissioned to look for evidence that is not easy to find.

Fourth, pay attention to the provisions of the statute of limitations. The current law of our country stipulates that the limitation of action of civil rights in general is two years, which can be calculated from the time of knowing or knowing that the right has been infringed. In terms of debt, it is two years when the debt is due and the other side refuses to pay it back.

Second, how to collect the debt

In many instances, debtors are dragging their feet with excuses, not to say that no money is to be avoided. But if long-term creditors not to punish the debt, the creditor's rights will be for a statute of limitations and can't get the protection of the law, in this can give you two is relatively convenient and effective method.

The first is to sign a repayment agreement with the other.

If the other party does not deny, but just to all sorts of excuses to postpone payments, you can with a repayment agreement again, should pay attention to in the repayment agreement prescribe a period for the specific way of reimbursement and, also may be agreed with each other, if fails to perform due on the property of the debtor may apply to the court for compulsory execution. Such an agreement must be notarized by the notary public. If there is such a repayment agreement, then the creditor may directly ask the court to enforce it upon the terms of the agreement. The advantage is that you can save time and money by eliminating a lot of hassles.

The second is to ask for litigation preservation while filing a lawsuit.

The so-called litigation security is to apply for the court to seal up and freeze the property of the other party before filing the lawsuit, so as to ensure that the right holder gets the money or property in time after the lawsuit is won. But the trouble is that, to apply for preservation of the materials you need is more cumbersome, requires clear effective proof of debt relations, even as far as possible to provide the other property related materials, the applicant must also provide security guarantee in advance.