[Direct answer]In the Beijing area, after the transfer of creditor's rights, the debtor shall conduct a reconciliation and performance with the new creditor, that is, the transferee, provided that the transfer has been legally notified to the debtor; without such notification, the transfer shall not be effective against the debtor. According to Article 546 of the Civil Code of the People's Republic of China (effective from January 1, 2021), if the creditor transfers the creditor's rights without notifying the debtor, the transfer shall not be effective against the debtor. After receiving the notice, the debtor shall make payment to the transferee and conduct a reconciliation with the transferee; if the debtor has doubts about the authenticity of the transfer, he may require the other party to present the notice and the creditor's certificate, and refer to it when necessary.Creditor's rights and debts, and enforcement casesColumn.

1. Problem background and typical scenarios

After the transfer of creditor's rights, the confusion of account reconciliation is common in the following situations: First, when banks and factoring companies bulk-acquire receivables, debtors receive multiple collection notices and don't know who to contact; Second, in private lending, when creditors transfer the claims of promissory notes to others, the original debtors are required to repay the money to strangers; Third, when receivables are transferred multiple times between enterprises, the identity of the final transferee is unclear; Fourth, if the transfer is not notified or the notification is defective, and the debtors continue to repay the original creditor, disputes will arise; Fifth, when debtors suspect the transfer is fraudulent, they dare not reconcile the accounts rashly. When handling similar cases in Beijing, the authorities usually first review the transfer notice and vouchers, then determine the account reconciliation object, and relevant contract matters can be referred to for reference.Creditor's rights and debts, and enforcement casesColumn.

II. Key points of contention

First, the focus is on who the account reconciliation target is. After the notice reaches the debtor, the debtor becomes the transferee, and the original creditor withdraws from the transaction. Second, the form and effectiveness of the notice. The Civil Code does not stipulate a written form, but the notice should be verifiable. Third, the identification of multiple notices received by the debtor. The authentic and effective notice shall prevail. Fourth, the verification of the authenticity of the transfer. The debtor may request to present the relevant certificates. Fifth, the risk of duplicate repayment. If the debtor repays to the wrong party, he/she may still need to make a further payment to the real transferee. Specifically, the provisions of the current effective laws and regulations and judicial rulings shall prevail.

III. Professional analysis by Henglue Law Firm

Based on the practical experience of lawyers from our firm, most disputes over account reconciliation in creditor's rights transfer arise from the lack of notification and confusion over documentary evidence. Common scenarios include creditors transferring rights several times but only verbally informing the debtors, leaving the debtors at a loss; or transferees claiming rights based on the transfer agreement but failing to prove that they have been effectively notified, entitling the debtors to refuse to perform their obligations to them. Another type is that debtors still repay the original creditor after receiving the notification, only to be pursued by the actual transferees later, falling into a situation of duplicate repayment. Our lawyers suggest that when debtors receive a transfer notification, they should request a written notice, a copy of the transfer agreement, and the original creditor's rights documents, and verify the signatures and amounts. If they have doubts about the authenticity of the notification, they can require the transferor and transferee to jointly confirm it, or temporarily deposit the funds to avoid risks. For cases involving the underlying contractual relationship, they can refer to the relevant provisions of the Civil Code of the People's Republic of China.Business and contract disputes in enterprisesColumn; for transfers involving the execution phase, you can refer to it for reference.Special services and other casesColumn.

IV. Practical suggestions and legal basis

Action recommendations: First, after receiving the notice of creditor's rights transfer, first verify whether the subject of the notice, the transfer agreement, and the creditor's rights certificate are consistent; Second, require the transferee to present the original creditor's rights documents and valid notices, and keep copies; Third, reconcile accounts with the confirmed transferee and keep the receipt to avoid duplicate repayment; Fourth, if there are doubts about the transfer, you can temporarily not make payments and notify both parties in writing to clarify the situation, or deposit the funds with the notary office; Fifth, if you have been wrongly pursued for repayment, you can use the valid notice to resist the claim, and the relevant procedures can be referred to for reference.Creditor's rights and debts, and enforcement casesColumn. In terms of legal basis, Article 545 of the Civil Code of the People's Republic of China stipulates the scope of transfer of creditor's rights, Article 546 clearly states that the transfer of creditor's rights without notifying the debtor shall not be effective, and Article 547 establishes that the rights of the subordinate creditor shall be transferred together with the principal creditor's rights.

5. Henglu Law Firm's Reminder

Risk warning: First, repaying the original creditor before receiving a valid notice is usually still valid, but proof should be kept; Second, after receiving the notice, the repayment must be made to the assignee, otherwise it constitutes a breach of contract; Third, multiple notices shall be based on the true and effective ones, and one should not claim them at will; Fourth, the risk of duplicate repayment is real, and the account must be confirmed with the relevant party. It is recommended to properly keep all notices and proofs, and refer to them when necessary.Creditor's rights and debts, and enforcement casesThe column is assisted by professional lawyers in identifying the transfer's effectiveness and the reconciliation targets.

VI. Frequently Asked Questions

Q1: After the transfer of the creditor's rights, who should I contact to reconcile the accounts with?

The transferee identified by an effective notice shall be the party to whom the account settlement and performance are directed. According to the Civil Code, if the transfer of creditor's rights is not notified to the debtor, it shall not take effect against the debtor, and you can still perform your obligations to the original creditor; after the notice arrives, the debtor shall make repayment and account settlement to the transferee. If you receive multiple notifications, the authentic and effective one shall prevail; if you have doubts about the transfer, you may require both parties to jointly confirm it or temporarily suspend the payment, and never make payments blindly.

Q2: What materials should be prepared for the reconciliation of accounts?

The debtor should prepare the following documents: 1. The original notice of assignment, verifying the subject and date of the notice. 2. The original creditor's claims documents, such as contracts, IOUs, and reconciliation letters. 3. Records of previous repayments and collection efforts, confirming the outstanding amount. 4. The transferee's identity proof and a copy of the assignment agreement. 5. If partial repayments have been made to the original creditor, prepare supporting documents for deduction purposes. Having all these materials in hand can help avoid duplicate payments and disputes.

Q3: How much does it cost to handle the reconciliation of creditor's rights transfer?

For simple identification of objects and normal reconciliation of accounts, there are usually no additional fees. However, if the transfer leads to litigation, such as being wrongly pursued for recovery or confirmation of the transfer's validity, the attorney's fees will be negotiated based on the subject matter and complexity, and the litigation fees will be charged in stages according to the amount of the claim. Most reconciliation disputes can be resolved through written verification, with manageable costs. If there are indeed doubts, it is recommended to consult first before deciding whether to hire a lawyer to avoid losing money due to blind payments.

Q4: How long do such disputes usually last?

The simple reconciliation and verification can be completed within a few days, the key lies in whether the notifications and vouchers are clear. If the transfer's validity needs to be confirmed through litigation or to resist claims, the first-instance ordinary procedure generally takes no more than six months, and the second-instance procedure takes about three months. During the enforcement stage, transfer disputes may also lead to enforcement objections, which will prolong the process. Fixing the notifications and original vouchers as soon as possible can significantly shorten the time required to clarify the situation.

Q5: What should I do after receiving the notice of creditor's transfer?

The first step is to check whether the subject of the notice, the transfer agreement, and the creditor's voucher are consistent with each other. The second step is to require the transferee to present the original documents and valid notices and keep them on file. The third step is to reconcile the accounts with the confirmed transferee and retain the receipt. The fourth step is to temporarily withhold payment if there are any doubts, and notify both parties in writing to clarify the situation or deposit the funds. The fifth step is to use the valid notice to defend against any erroneous claims and consult a professional lawyer, referring to the section on creditor-debtor relations and enforcement cases.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

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

Disclaimer: This article is compiled based on the current effective laws and regulations and public 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. If you encounter disputes, please consult a practicing lawyer in time.