What should foreign trade customers do if they delay payment?

1. How to deal with the overdue payment of foreign customers 1 and grasp the accurate information of overdue payment in time. The customer has the following situations, indicating that the payment is likely to be overdue: (1) Use various excuses as reasons for not paying immediately within the payment period agreed in the contract, such as the subject matter is defective or defective, the subject matter is not in conformity with the contract, and the payment check has been sent; (2) Asking for deferred payment, installment payment, or issuing long-term bills of exchange or promissory notes. Due to temporary cash flow difficulties and other reasons; (3) Require to continue to purchase goods on credit or increase the amount of credit transactions when the previous payment has not been paid. At this point, the enterprise should try to find out the credit status and operation of the customer at that time, analyze whether the customer intends to pay overdue, and ask to sign a repayment plan with the customer. On the one hand, confirm the real intention of the other party, on the other hand, prepare for the implementation of debt collection measures. 2. Take timely and effective ways to recover overdue debts. There are two ways of recovery, the business department's own recovery and legal recovery. In the process of self-pursuit, the first problem to be solved is the contradiction between subsequent business opportunities and today's payment. If the customer is in arrears due to temporary financial difficulties and has a good repayment attitude, the company can take action to help the customer tide over the difficulties as much as possible. If the customer's financial situation deteriorates or there are serious difficulties in operation or major changes in senior management, the company should closely observe the development of the customer's situation. When the customer's situation deteriorates beyond recovery, the company should immediately take effective judicial procedures to recover. Prevent the defaulting party from evading debts by fraudulent means such as withdrawing funds, transferring property, filing for bankruptcy or canceling enterprises. Article 675 of the Civil Code (effective from 202 1 1) 6868 The borrower shall repay the loan within the agreed time limit. If the term of the loan is not agreed or clearly agreed, and cannot be determined according to the provisions of Article 510 of this Law, the borrower may return it at any time; The lender may urge the borrower to return it within a reasonable period of time. Article 676 If the borrower fails to repay the loan within the agreed time limit, it shall pay the overdue interest in accordance with the agreement or the relevant provisions of the state. Second, methods to avoid foreign customers defaulting on payment 1. The contract signing period refers to the period before the contract is signed. The main task of this period is to investigate the credit status of the other party, especially the other party, including operating conditions, capital structure, commercial credit and solvency. A contract signed on the basis of real survey results will definitely increase the chances of timely payment. When an old trading partner requests to change the trade or trade habits of both parties (for example, the increase will reduce the transaction amount, extend or shorten the payment term and change the payment method, etc.). ), it is best to conduct a credit survey to ensure that the customer's credit status has not changed fundamentally and increase the possibility of collection of accounts receivable. There are two ways of credit investigation: direct investigation and indirect investigation. Direct investigation includes visiting customers' business premises, interviewing key managers and consulting financial information in recent years. Rational analysis of financial data, and overall preliminary evaluation of customers' financial status and assets; Visit the business premises to understand the team spirit and work efficiency of customers; Interview management personnel, flexibly understand and verify the authenticity and accuracy of all kinds of information. Indirect investigation includes investigating the registration and annual inspection of customers in the local industrial and commercial bureau; Inquire the local tax authorities about the tax payment of customers in recent years; Understand the industry status and business reputation of customers from social organizations such as industry associations. The Supreme People's Court has established a nationwide information inquiry network for court executors, which can also be used to inquire whether customers are applied for compulsory execution by others due to disputes such as arrears. There are two main things to do during the performance of the contract. First, keep all documents related to the contract, such as shipping documents, and sign statements in stages to provide a basis for the legal existence of creditor's rights. Second, take appropriate measures to protect the creditor's rights, such as exercising the right of guarantee, the right of uneasy defense, the right of simultaneous defense, the right of defense afterwards, etc., so as to reduce the risk that the payment cannot be partially or fully realized due to customer reasons. The correct exercise of security right will be one of the important guarantees to prevent this risk. When the company requests the creditor's rights guarantee, it should also consider the business opportunities. Sometimes, customers are reluctant to provide guarantees. If the company insists on the guarantee requirements, it may lose a seemingly good business opportunity. In this case, we must carefully weigh the pros and cons and make a choice. 3. The default recovery period exceeds the payment period agreed in the contract, and the customer still fails to pay, and no written materials such as repayment plan, statement of account and supplementary agreement have been issued or signed. This shows that the company's payment is unfortunately owed in bad faith. At this point, the company should immediately carry out the recovery of breach of contract. The key to this work is to grasp the overdue payment information in time and accurately, and adopt flexible and diverse ways to collect it.