This paper mainly describes what measures should be taken to protect their rights and interests if New Zealand customers default on payment, including New Zealand collection, bankruptcy and delivery related knowledge, as well as the scheme of debt collection and successful payment collection cases.
New Zealand litigation, bankruptcy, delivery and other related knowledge
1. Collection regulations
(1) The use of physical violence, coercion or any form of harassment to collect debt is prohibited.
(2) The New Zealand Business Council said it was expressly prohibited for debt collectors to force debtors to pay back money on the pretext that they would receive a high fine from the court if they did not pay back the money.
2. Bankruptcy related
(1) Once the debtor goes bankrupt, he can apply to the court for creditor's rights. The charge in New Zealand is generally between us $3000 and US $5000. The actual price should be determined according to the situation of the case.
(2) If the debtor company is appointed a liquidation manager, the debtor's assets will be disposed of in order of priority of creditor's rights. Generally speaking, excluding the expenses of the liquidator, the expenses of liquidation procedures, employee salaries, taxes and the repayment of the arrears of secured creditors, as an unsecured creditor, the debtor will eventually have no assets to repay.
3. Delivery regulations
If the goods are not picked up in the Customs for 3 months, the customs will have the right to auction.
How to deal with being in arrears by New Zealand customers?
When a New Zealand customer defaults, in addition to clarifying the real reason for the other party's default payment, it is also necessary to understand the current credit status of the customer at the first time, and then formulate a collection plan. Here are several common ways to collect New Zealand customers.
1. Self collection
Due to the long distance and inconvenient communication, once the payment is in arrears, the recovery procedure should be started immediately to actively remind the customer to pay.
For customers with short overdue time (within 3 months), you can ask the reason why the customer has not paid and understand the problem, so as to provide customers with recommended payment plans. For customers who are overdue for a long time (more than 3 months), pressure should be put on them to repay through a professional third-party collection agency as soon as possible.
2. Third party collection
The professional third-party collection agency will collect the payment by non litigation. The third-party organization has rich collection experience and global collection channels. Relying on its resource advantages, it adopts the localized collection operation strategy, which is handled by the local collection lawyer. Through friendly communication with the debtor, it understands the reasons and reasons for the other party's non payment from a professional perspective, and gives corresponding opinions and suggestions to the enterprise, so as to facilitate the settlement of disputes between both parties and recover the due payment. If the debtor refuses to cooperate, the third-party institution will use local relations and use various strong pressure means (face-to-face interview, credit pressure, social relationship pressure, etc.) to force the debtor to repay.
3. Litigation collection
You can choose to file a lawsuit in China or in New Zealand, but since most New Zealand customers have no assets to enforce in China, it is recommended that enterprises choose to file a lawsuit in New Zealand. When New Zealand customers have the ability to repay but have no willingness to repay, it is a better choice to file a lawsuit. On the contrary, if the other party has no repayment ability, even if the lawsuit is filed, it may not be able to recover the payment for goods, but waste a lot of human, material and financial resources. Moreover, the litigation collection cycle is long and the cost is high, which can only be used as a means of minimum guarantee.
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