|
 HOW TO COLLECT CREDIT IN CHINA
Since 2003,we have received ten cases of collecting credits from USA,including Reuters vs.Hunan TV Station,APTN(Association Press TV News) vs.Yunnan TV Station,Global One vs.China Academy of Science,etc.Unfortunately,all cases hang-up except for the case of Rueters.To such results,American creditors feel wander,thinking they have offered all document for claims; However,through our eyes,the main reason of failing is just that all document from creditors simply are useless like wasted papers,which can even not be called "evidences" and giving grounds of arguements to reject pay debts to who wants escape liabilities.
Another reason is that it is too later while the creditors come up to us,all debts had been due 3 years ago or more,it is so hard to find those people who were in charge of dealing,the new players of debtors freguently replied to us"we don't know anything about the case!"
The root of American papers becoming useless is the difference of the legal system between USA and China:Through American eyes,such document is powerful enough for claims,because their laws maybe saying "only a contract is everything";But, the Chinese laws says that a signed contract is not powerful enough to claim,a contract only means "shall do",it doesn't mean "done",so if claim,you must present the evidence proving a debt is really existing,such as bill of confirmation of debt that was signed or sealed by the debtor.
Furthermore,if the debtor is an individual,of course such signature must be his own,but if the debtor is a company,only the stamp sealing of this company (at least the signature of this company's legal representative or its fully and dully authorized agent)will bind the debtor.
 If fail to present such kind of bill of debt,you will lose even during negotiations,no mention to sue in the Chinese court!
If it is hard to get such bill,at least,do not be too late to search legal asistance,Chinese int'l lawyer may help you catch time to search other substituting evidences to avoid the debtors escaping liabilities of payment.
The best way is to entrust a int'l lawyer while you come to China for dealings,which will assure to hold a complete package of evidences,so that your credits will be safe.
One more warn born from the case of APTN vs.Yunnan TV Station is that,if you sign contract with a company or institute,the contract must be signed and sealed by this unit,not by only your Chinese agent,because, if the debtor make payment to your Chinese agent,and the agent run away without give the money to you,the payer will reply your complain that"we have paid to the one who signed contract with us,there is nothing to do with you!"
So,if you have no choice to have Chinese agent during deals take place,you'd better entrust a int'l lawyer to be agent to control whole situation.
Back
If you need International lawyers, just call Lawyer Simon's world wide mobile phone:(0086)13888115950
Or send E-mail to: attorneys@china.com or to Feed Back Online
Everything will become so easy!
|
Feed Back Online
Links