What should be done properly if the import and export agency company doesn't make payment?
Our company 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 is required to make payment within 15 working days after the completion of the service. But now the time has long passed, and the other party has been delaying payment, and giving various excuses to evade during telephone communication. What should be done in case of such a situation where the import and export agency company doesn't make payment? Are there any effective solutions?
Professional consultant answers
Joseph ZhouYears of service：10Customer Rating：5.0
Senior foreign trade managerConsult
In case of the situation where the import and export agency company doesn't make payment, first of all, keep calm and sort out relevant evidence, such as contracts, service records, communication vouchers, etc. These evidences are the keys to claiming rights and interests. Then negotiate with the agency company again, inform it of its breach of contract through a formal letter, set a time limit for payment within a certain period, and retain the evidence of the letter's delivery. If the negotiation is fruitless, you can consider seeking the intervention of a third-party mediation institution and try to mediate. If the mediation also fails to solve the problem, then solve it through legal channels, file a lawsuit in the court, and require the other party to pay the amount and bear the liability for breach of contract. During the litigation process, apply for property preservation to prevent the other party from transferring property and ensure the smooth execution after winning the lawsuit.
At the same time, you can also lodge a complaint with the industry association to exert public opinion pressure on it. In short, appropriate means should be adopted to safeguard one's own rights and interests according to the actual situation.
James LiuYears of service：10Customer Rating：5.0
Foreign trade tax refund consultantConsult
First, check whether this company is poorly managed and has difficulties in capital turnover so that it doesn't make payment. If the other party does have difficulties, a new payment time can be negotiated and a supplementary agreement can be signed. But the consequences of another breach of contract should be clearly defined, such as high liquidated damages, etc.
Sarah ZhangYears of service：8Customer Rating：5.0
Document expertConsult
After collecting good evidence, expose the behavior of this import and export agency company to the media and urge it to make payment with the help of public opinion power. However, it should be noted that the exposed content must be true and accurate, otherwise there may be legal risks.
Robert ChenYears of service：6Customer Rating：5.0
Customer service consultantConsult
Look for other companies that have business dealings with this agency company, understand the situation from the side, and maybe you can find a way to solve the problem, or unite with other victimized companies to safeguard rights together and increase the influence.
David LiYears of service：6Customer Rating：5.0
Senior customs declaration consultantConsult
Carefully study the contract terms to see if there are reasonable defenses for the other party's non-payment. If not, and there is an arbitration clause in the contract, you can apply for arbitration. Arbitration is more efficient than litigation.
Michelle ChenYears of service：3Customer Rating：5.0
Business coordination consultantConsult
Go to check the industrial and commercial registration information of this company to see if the shareholders' capital contributions are in place. If the shareholders have not fulfilled their capital contribution obligations, you can require the shareholders to bear the liability for the company's debts within the scope of their unpaid capital contributions.
Emily LiuYears of service：10Customer Rating：5.0
Settlement and payment expertConsult
If the other party doesn't make payment because of disputes over the service, then try to communicate again, explain the details of the service clearly, eliminate misunderstandings, and strive to get the other party to make payment after reaching an agreement.
Elizabeth LiYears of service：3Customer Rating：5.0
Compliance and risk managerConsult
You can entrust a professional debt collection company, but you should choose a regular and legal one, otherwise it is easy to get involved in legal disputes and the gains will not be worth the losses.
Andrew HuangYears of service：7Customer Rating：5.0
Supply chain optimization expertConsult
Pay attention to the asset dynamics of this company. If you find any clues about executable property, inform the court in time to facilitate the smooth progress of the subsequent execution procedures.