What should I do if the import and export agency company doesn't pay?
I cooperated with an import and export agency company to handle the import and export related matters of a batch of goods. According to the contract, the other party should pay me within one week after the goods passed customs clearance smoothly. But it has been half a month now, and the other party still hasn't paid. Each time we communicate, they evade with various excuses, either saying that the financial process hasn't been completed or that the customer's payment hasn't arrived. What should I do in this situation? How can I effectively recover the payment?
Professional consultant answers
Sarah ZhangYears of service：8Customer Rating：5.0
Document expertConsult
When encountering this situation, first of all, you should remain calm and collect relevant evidence, such as the cooperation contract, the proof of goods passing customs clearance, and the records of communicating with the other party about the payment matters (including emails, chat records, call recordings, etc.). These evidences are crucial in the subsequent possible measures.
Then, you can try to communicate directly with the other party's senior management again, formally and seriously indicating that their non-payment has constituted a breach of contract, and informing them of the possible legal consequences, which may prompt them to attach importance to and solve the problem.
If the communication is fruitless, a complaint can be filed with the industry association to let the industry association mediate and urge them to fulfill their payment obligations. If it still cannot be solved, the only way is to take legal measures, file a lawsuit in the court, and demand the other party to pay the amount and bear the liability for breach of contract. Although legal litigation takes a long time, it can effectively safeguard one's own rights and interests.
Elizabeth LiYears of service：3Customer Rating：5.0
Compliance and risk managerConsult
You can check if there is an arbitration clause in the contract. If there is, applying for arbitration is also a way. The arbitration process may be relatively faster than litigation, and the arbitration award has legal effect and the other party must execute it.
Andrew HuangYears of service：7Customer Rating：5.0
Supply chain optimization expertConsult
Try to send a formal reminder letter to them. In the reminder letter, clearly point out the fact that the other party has overdue payment, set a reasonable payment period, and state the consequences of taking further measures if it is overdue. The reminder letter may make them take it seriously.
David LiYears of service：6Customer Rating：5.0
Senior customs declaration consultantConsult
Find out about the recent business situation of the company from the side. If they are indeed having difficulties in capital turnover, perhaps a new payment plan can be negotiated, which can not only give the other party time to solve the capital problem but also safeguard your own rights and interests.
Joseph ZhouYears of service：10Customer Rating：5.0
Senior foreign trade managerConsult
When communicating, pay attention to keeping good records of each time. If the other party can confirm the fact and amount of the debt in the records, it will be more beneficial for the subsequent debt collection.
William YangYears of service：5Customer Rating：5.0
International logistics consultantConsult
If you have friends who know about the law around you, you can consult them first, listen to professional opinions, and see what good countermeasures there are from a legal perspective.
Robert ChenYears of service：6Customer Rating：5.0
Customer service consultantConsult
You can also investigate whether the company has other partners and inquire about the company's reputation from them. Maybe you can find people who jointly demand payment and increase the strength of debt collection.
Jennifer WangYears of service：4Customer Rating：5.0
Market development consultantConsult
Consider asking a professional debt collection company for help, but pay attention to choosing a regular and legal one, otherwise it may bring other troubles.
Amanda YangYears of service：3Customer Rating：5.0
Cost control consultantConsult
If the company has a bad record, exposing its non-payment behavior in the industry may prompt them to pay for the sake of reputation.