At present, because of the economic downturn, arrears disputes will be more and more, the formation of a lot of debt not arrears units deliberately not also money, but the unit efficiency is not good or liquidity problems, can drag on drag, especially large state-owned enterprises in arrears of the general. Some small and medium enterprises can not afford to advance long-term funding pressures, helpless, can only choose litigation to resolve debt disputes. Arrears disputes, simple loan disputes, evidence for relatively simple. Commercial litigation cases, the majority to payment disputes. Can say, the payment dispute is almost every enterprise must face the problem. In this paper, a brief talk about the payment dispute cases, the parties concerned shall be prepared for what the case materials.

1The signing of the contract, evidence, including contract, agreement, the supplemental agreement, orders, fax,EMAILAnd so on, as well as a verbal agreement evidence.

2The performance of the contract, our evidence, including invoice, delivery schedule, shipping documents, receiving documents. In particular, the documents shall be to confirm each other, the best detailed indicated the name, price, price, mathematical. For example, invoice, if the two sides no contract, invoice must indicate is the price, and stamped by the other party (unit shall sign or seal). RealIn practice, often each other send a salesman to take delivery of the goods, not stamped, in such circumstances, in order to avoid each other later on, it must inspect the clerk ID, and keep the copies, then ask the clerk signature stamped, timely submit the bill, or confirmation; large cargo delivery, the most secure to make business with the company's power of attorney to take delivery of the goods. There is a more common situation, the customer designated to a site (factory or warehouse) delivery, delivery is not a contract counterpart, it is relatively easy to cause disputes, such as the other side does not acknowledge, that did not receive the goods, the countermeasures are designated place of delivery and customer requirements written delivery unit. Sometimes clients will say, written instructions by fax. Fax can be, but the best to let customers after the instruction to the original we backup.

3The performance of the contract, the other evidence. This evidence is relatively less important, because the other party should bear the burden of proof in this area. But if the two sides have not signed a written contract, in order to clear the main contract, other evidence to perform the contract should also prepare. Even if it does not copy, should also list the details. There are more important, with particular attention to the collection, the other to perform the contract account information, so as to adopt preservative measures in litigation or in the future to provide the court with property available for enforcement.

4, settlement documents. If there is no written contract, or a contract evidence flaws, vouchers of clearing becomes the most important material case. Settlement documents include: on the bill, pay (money owed confirmation) payment voucher, invoice or receipt.

5, other materials. If the two sides correspondence, fax, email etc..

6The identity of the other side, find out, the other is a natural person, should check each other and spouse's ID number, the actual place of residence, domicile, work units, contact telephone number; the other is a legal person, should find out each other's address, contact telephone number, business state. This part of the evidence is insufficient, can assist a lawyer investigation of evidence.

7, understand each other's assets and repayment ability, for example, each other are property, vehicles, goods etc.. Credit investigation ability can also have the assistance of counsel.

The evidence materials mentioned above, and is not only the enterprise face the litigation, to prepare the material; in fact, the enterprise should have the awareness of risk prevention, often self-examination, regular (monthly or quarterly or payment) and customer reconciliation, especially at the end of reconciliation, ensure the accountClear. The evidence, the person may be unwilling to face prosecution, positive repayment; the accounts are not clear, the evidence is not enough solid, both sides would dispute the amount of arrears, the likelihood of litigation, uncertainty, risk will increase.

Facing the arrears, what response measures? In simple terms,The following points:

1The parties directly, sent a letter to each other;

2Attorney, lawyer letter. The lawyer letter to help parties aspects: low cost, quick, give each other a certain pressure and the other is not too opposition (after all no litigation lawyer letter); the disadvantage is: "to act rashly and alert the enemy," the other side pressure small, may not ignoring.3, litigation, and consider whether to take preservation measures.

Finally talk about the timing of litigation. Many parties considering the cost of litigation and litigation risk, is not willing to engage in a lawsuit, delayed, missed the best opportunity of litigation. My understanding is that, an enterprise is like a person, as long as the survival, is likely to get sick, sick, the best medicine injections will be able to solve the problem, such as a letter or resolved by other non litigation ways; but serious illness, you must move operation, such as the operation procedure, operation will be risks, and the high cost of operation, but the timing is very important, missed the timing of operation, the operation is a waste of money, do not do.

The above is some of my agent case feeling, to share with you, hope to have some help.