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What should I do if an import and export agency company doesn't pay?
Resolved
I cooperated with an import and export agency company to handle a batch of goods' import and export matters. According to the contract, they should pay me within one week after the goods successfully cleared customs. However, it has been half a month now, and they still haven't paid. Every time I communicate, they evade with various excuses, saying that the financial process is not completed or that the client's payment has not arrived. In this situation, what should I do? How can I effectively recover the payment?
Trade Expert Insights Answers
In such a situation, you should first remain calm and collect relevant evidence, such as the cooperation contract, proof of customs clearance, and records of communication with the other party regarding payment (including emails, chat records, call recordings, etc.). This evidence will be crucial in any subsequent actions you may take.
Next, you can try to communicate directly with the senior management of the other party again. Formally and seriously state that their non-payment constitutes a breach of contract and inform them of the potential legal consequences. This may prompt them to take the matter seriously and resolve it.
If communication is unsuccessful, you can complain to the industry association, asking them to mediate and urge the company to fulfill its payment obligations. If the issue still cannot be resolved, you will have to resort to legal channels and file a lawsuit with the court, demanding payment and compensation for breach of contract. Although legal proceedings can be time-consuming, they can effectively protect your rights.
You can check if the contract contains an arbitration clause. If it does, applying for arbitration is also an option. Arbitration may be faster than litigation, and the arbitral award has legal effect, which the other party must comply with.
Try sending a formal demand letter to them. In the demand letter, clearly state the fact of their overdue payment, set a reasonable payment deadline, and declare the consequences of further action if the deadline is not met. A demand letter might make them take it seriously.
Try to discreetly understand the company's recent operational status. If they are indeed experiencing cash flow difficulties, you might be able to negotiate a new payment plan. This would give them time to resolve their financial issues while also safeguarding your rights.
Pay attention to keeping records of every communication. If you can get the other party to acknowledge the debt and the amount in writing, it will be more beneficial for subsequent debt collection.
If you have friends who understand law, you can consult them first and get professional advice on how to deal with the situation from a legal perspective.
You can also investigate if the company has other partners and inquire about the company's reputation. You might find others who are also trying to collect debts, which could increase your leverage.
Consider hiring a professional debt collection agency for assistance, but be sure to choose a reputable and legal one to avoid potential trouble.
If the company has a bad record, exposing their non-payment behavior within the industry might prompt them to pay for the sake of their reputation.