[Direct answer]In the Beijing area, lawyers typically provide full-process services in the collection of corporate debts, including: reviewing contracts, collecting and assessing evidence for performance and settlement, evaluating the risk of debt recovery; sending lawyer's letters and participating in negotiations; applying for pre-litigation or litigation property preservation; initiating civil litigation or applying for arbitration; and applying for forced execution after winning the case; as well as designing compliant collection and contract management solutions for enterprises. Article 577 of the Civil Code of the People's Republic of China (effective January 1, 2021) stipulates that if a party fails to perform its contractual obligations or performs them in a manner inconsistent with the contract, it shall bear contractual liabilities such as continuing performance, taking remedial measures, or compensating for losses. Therefore, lawyers' services cover all aspects from evidence preparation to creditor's rights realization, and the specific scope can be agreed upon in the entrustment contract.

I. Problem background and typical scenarios

Corporate debt often involves large amounts and long payment cycles. Typical scenarios include: the other party refuses to pay on the grounds that the payment has been settled or the funds belong to others; the other party's business deteriorates and there are signs of transferring assets; there are only orders and some reconciliation materials, and the evidence is incomplete; the client hopes to recover the money as soon as possible through negotiation rather than litigation; and the judgment has been obtained, but it is difficult to enforce it. When handling such matters in the Beijing area, lawyers usually first conduct an assessment of the evidence and the other party's solvency.Creditor's rights and debts, and enforcementIn business, the connection between preservation and execution is a key focus of attention.

II. Key points of contention

Focus One: Is the chain of evidence complete and can it support the claim? Focus Two: Investigating the other party's solvency and property clues. Focus Three: Whether to initiate pre-litigation preservation and how to provide guarantees. Focus Four: Balancing negotiation plans and litigation strategies. Focus Five: Jurisdiction and statute of limitations issues. Focus Six: Asset investigation and measure application during the enforcement phase. Focus Seven: Compliance boundaries of collection methods.

III. Professional analysis by Henglue Lawyers

Henglue Law Firm advises that the value of debt collection lies in transforming evidence into enforceable rights. Taking a machinery equipment leasing contract dispute handled by Attorney Zhu Guiying of our firm as an example: The company provided equipment leasing services to another company, with actual expenses exceeding 2.5 million yuan, but the other party only paid 1.2 million yuan, leaving a balance of over 1.3 million yuan outstanding. The other party refused to pay on the grounds that they had signed a settlement agreement and the payment had been finally settled, and claimed that 1.01 million yuan of the amount belonged to the third party's project payment. The attorney used the reconciliation evidence to break through the barrier of the settlement agreement: Although the agreement stated the so-called final settlement total price, the two parties later conducted multiple reconciliations, confirming the new expenses and unpaid accounts; at the same time, based on the principle of contractual privity, the attorney argued that the payment should belong to the parties to the case and had nothing to do with the third party. The first-instance court fully supported the claim and ordered the payment of the arrears and interest; after the other party appealed, the second-instance court maintained the original judgment. This case was handled by Beijing Henglue Law Firm.Zhu GuiyingThe lawyer (practice license number: 11101202011246828, subject to the certificate issued by the judicial administrative organ) acts as the agent. This case shows that continuous reconciliation of accounts and retention of vouchers can effectively deal with settlement defenses.

IV. Practical suggestions and legal basis

Action suggestions: First, conduct an evaluation of the evidence and the debtor's solvency before entrusting a collection agency to determine the prospects of recovering the payment; Second, send written reminders in a timely manner to interrupt the statute of limitations and lay a foundation for negotiations; Third, for cases involving the risk of the debtor transferring assets, apply for preservation measures as soon as possible; Fourth, choose litigation or arbitration according to the circumstances of the case, and pay attention to jurisdiction and the statute of limitations; Fifth, after winning the lawsuit, apply for enforcement in a timely manner and cooperate in providing clues to the debtor's assets. Legal basis: Articles 509 and 577 of the Civil Code of the People's Republic of China (effective January 1, 2021) regarding the performance of contracts and breach of contract liability; Articles of the Civil Procedure Law of the People's Republic of China (amended and effective January 1, 2022) regarding preservation and enforcement. For matters related to the realization of creditor's rights, reference can be made to the relevant provisions of the Civil Code and the Civil Procedure Law.Creditor's rights and debts, and enforcementThe specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

First, evaluate the evidence and solvency before deciding on the investment. Second, collect debts with proper documentation to avoid statute of limitations risks. Third, it's better to take protective measures early to prevent asset transfer. Fourth, litigation and negotiation can proceed concurrently to maximize debt recovery. Fifth, collection methods should comply with regulations to avoid overstepping legal boundaries. For corporate debt collection, you can refer to the following resources for further guidance:Creditor's rights and debts, and enforcementConsultation. The time limits and rules of evidence shall be subject to the currently effective laws, regulations, and judicial rulings.

VI. Frequently Asked Questions

Q1: What's the difference between collection by lawyers and collection by the enterprise itself?

Lawyers place greater emphasis on fixing evidence and linking it to legal procedures. Lawyers will first assess the completeness of the evidence and the risk of statute of limitations, and then use methods such as lawyer's letters and negotiations to apply pressure. When necessary, they will simultaneously apply for preservation of evidence and initiate litigation, and after winning the case, they will apply for enforcement. Compared with simple reminders, lawyers' involvement can more systematically guarantee the realization of creditor's rights.

Q2: Is it necessary to file a lawsuit in order to get the money back?

Not necessarily. If the other party has the willingness to repay and their business has not deteriorated, it is still possible to recover the money through negotiation, installment plans, or even using assets to offset debts, which is relatively cost-effective. However, the negotiation should be based on evidence and preservation preparations. Once the other party delays or transfers assets, it is necessary to promptly initiate litigation or arbitration proceedings.

Q3: What are the conditions for obtaining pre-litigation preservation of evidence?

Pre-litigation preservation usually requires an urgent situation where failure to take measures will cause irreparable damage to legitimate rights and interests, and the applicant is generally required to provide a guarantee. Enterprises should prepare property clues and guarantee plans. If the situation is not urgent enough, they can also apply for in-litigation preservation at the time of suing, which can also play a role in preventing the transfer of property.

Q4: What should I do if I can't collect the money after receiving the judgment?

You can actively provide the court with clues to the debtor's assets, apply for inquiries, freezes, and seizures of assets, and, if eligible, apply for measures such as restricting the debtor's consumption. If you discover that the debtor has enforceable due claims or hidden assets, you can apply for additional enforcement or make separate claims. When encountering difficulties in enforcement, you should continue to follow up rather than abandon the case.

Q5: How is the collection fee usually calculated?

Generally, fees are charged per case, as a percentage of the amount of the claim, or on an hourly basis. Fees for preservation and enforcement may be charged in stages, depending on the amount of the case, its complexity, and the workload involved. A written contract should be signed before the engagement, clearly defining the scope of services, the fees for each stage, and actual expenses such as travel and guarantees, to avoid disputes arising afterwards.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the interpretation of the law in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Legal services for creditor-debtor disputes·Attorney Zhu Guiyin·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.