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How to Instruct Us
We simply require the following details:
Full name & address of the debtor
All available contact details of the debtor i.e. contact name(s) / Tel / Mobile / Email(s)
Amount owed (Invoice(s) or Statement will help)
Or ask us to call you – just leave us your details:
Case Study - USD 10,000 recovered from China Debtor
Initiation of Case
A UK specialist provider (based in City of London) of data, analytics, and insights to alternative has a $10,000 debt against a Chinese company. The debt relates to a subscription model. Despite chasing the debtor the subscription fees were never paid so access was denied. However, the Chinese debtor was still liable for the agreed subscription and when paid access would then be re-opened.
Debt Collection Process
After a number of weeks of non payment the client contacted Creditreform to collect the debt. Upon receipt of the instruction the case and attached files were emailed to our local office in China. They immediately then sent an initial letter to the debtor stating the amount owed and a deadline to pay. On the same day the debtor received the initial letter from our office they contacted the client to make payment. We then suspended further actions awaiting payment to be made which was done within a few days.
Summary
The client was astounded at the speed of this recovery and how quickly they got paid.
China Debt Collection – No Win No Fee
Creditreform operates a global specialist International debt collections service. We have local offices and fully approved expert international debt collection agency partners in every country worldwide. All our International debt collection agency partners and offices operate on a No Win No Fee basis charging an agreed commission against monies recovered only. All our international offices and partners initiate the collection processes by sending the debtors a debt collection letter to introduce their involvement.
Main reasons why a local country debt recovery agency is so important rather than trying to recover from a debt collection agency UK are as follows:
The local International Debt collection Partners know:
The local cultures
The best methods of initiating debt recovery letters and processes
The languages
The laws
Are in the same time zones
Herewith details of our debt collection service China:
Location of debt recovery office in China?
All debt collection letters are sent by the local head office in Shanghai.
Number of debt collection staff?
25. Each staff member is allocated a client and all their debt collection letters are personalised in order to effect the best response result s from debtors.
How long have you been operating a debt recovery service in China?
We have been operating an Asia debt collection service on a no win no fee basis in China since 2010. China is included on our debt collection agency list.
Commercial debt collection in China has always been problematic. Since China joined WTO and fully opened up the marketplace, more and more attention is being given to accounts receivable. Experienced in the subtle requirements of the growing need for debt collection in China, Creditreform China has developed a proprietary collection strategy to assist its client companies to remedy collection issues within China.
Creditreform China has:
Long experience in the management of collection matters in China
Extensive knowledge of Chinese law and civil procedure, and as well in international commercial laws.
Sensitivity towards Chinese culture and practice.
An effective attorneys network in China.
Multilingual capability. – Services most cities in China.
Maintains a team of experts in all areas of credit management.
What type of debt collection services do you provide? Do you do commercial debt recovery (B2B) and consumer debt recovery (B2C)?
We handle both Business to Business debt recovery cases and Business to Consumer debt collections cases. There is different content for business to business debt collection letter templates and business to consumer debt collection letters templates.
How EU (European Union) laws effect debt collection in China?
China is in discussions over a free trade agreement (FTA) with EU. This is referred to as The Comprehensive Agreement on Investment (CAI) which is a proposed investment deal between China and European Union which was originally proposed in 2013 but negotiations have reportedly stalled.
Statue of Limitation in China
It is three years from the date of due date of the invoice but if there is any written acknowledgement of the debt by the debtor within the said three years then limitation period will be three years from the date of such acknowledgement.
China civil litigation statute of limitations is a law that time limits a plaintiff’s right to bring a claim against a defendant. The statute of limitations in China is 2-4 years. However, if an action has been taken within this time then the statute of limitations time will be extended to account for this. Once the specified time period elapses then no action can be taken through the legal processes unless the plaintiff is able to prove exceptional circumstances. Other Statute of Limitations include:
China Open Account Years – 2 years
China Promissory Notes – 2 years
China Written Contracts – 4 years
China Oral Agreements – these are invalid in China
How many companies registries in China for businesses (i.e. UK has just 1 central registry)?
There is 1 central registry in China which is called State Administration for Market Regulation (SAMR). Prior to March 2018 it was under the State Administration for Industry and Commerce (SAIC) but this merged into newly created SAMR in 2018. It is located at 18, Beisanhuandonglu, Chaoyang District, 100029, Beijing. There is also regional registries for each Chinese province.
We have access to China Company Registry searches to find out further background information on all China companies.
What is the debt collection process in China?
Collection Procedures: Effectiveness and Economic Efficiency is the focus of Creditreform China’s debt collection services. Placement of Accounts: Claims can be placed by email, fax or mail. Processing of Claims: Upon receipt, each claim is carefully reviewed to determine if additional information is required or if there are specific instructions. The claim is then introduced into our collection system. Within 48 hours, following acceptance of the claim, an acknowledgment will be sent to the client.
Conducting a due diligence on the debtor: Primary Background Check: Initially the debtor’s background is reviewed in order to determine legal composition and current operational status. Advanced investigation: If necessary or specifically indicated, an advanced investigation is performed in order to establish the debtor’s financial capability and determine if the debtor is judgment proof.
Collection Action: Establishes the debtor’s willingness and capacity to repay the just debt. Collection efforts continue until the case is settled. During the collection process, regular reports on case development are sent to the client.
Post-Judgment Remedy: Once a court judgment is received, Creditreform China will move to enforce judgment. Value to the debtor may consist of monies owed, seizure of bank accounts, property seizure or transfer of rights.
Recovery: If recovery is in Chinese currency, Creditreform China attorneys will obtain appropriate approvals from the Chinese State Administration of Foreign Exchange (SAFE), to repatriate funds to the foreign client.
Average length of time to collect a debt?
The average time taken to recover a China B2B debt collection case varies from case to case but typically 3 to 9 months in China.
Can late payment fees / interest to be added to claims?
In China it is not usual for the debtors to pay interest in an amicable recovery
Details on legal service / process in China?
Litigation: If a lawsuit is appropriate to effect collection, attorneys of Creditreform China network will recommend a lawsuit. This will proceed only with express prior approval of the client. In China, a lawsuit is often effective. Debtor’s fear of court action by a local party is often sufficient to encourage a resolution.
Civil Process in China: Upon authorization and receipt of POA and Affidavit from the client, Creditreform China will draft a Statement of Claim based upon the relevant information at hand, submit it to the appropriate Chinese Court for the acceptance and filling. Once the court has accepted the case, a summons will be issued and the debtor served. This process will normally take a business week. Afterwards, Creditreform China will monitor the case to assure that debtor meets filing requirements for the Statement of Defense. Courts normally schedule a first hearing within one month of the filing of a lawsuit. Chinese courts often recommend a negotiated private settlement between parties as a first course. This decision resides solely between the two parties. If both parties fail to take advantage of a negotiated settlement, the case will go forward to judgment. If the legal mediation during the first hearing is successful, the court will issue its decision.
China Business Credit Reports
Creditreform provides over 88 million international business credit reports throughout Europe and 200 million international business credit reports worldwide. We provide freshly investigated China Credit Reports which can be done prior to trading to make sure the company you will be dealing with can meet the commitment or once the debt becomes overdue to ensure the debtor can meet the amount owed.
China Skip Tracing Agents
Creditreform’s debt collection company service also uses expert local India tracing agent services to locate any absconded debtor. This debtor tracing service is provided on a No Find No Fee basis only charging for a successful trace.
Specialist Debt Recovery Experts
There are many unique requirements to recovering international debts in all countries including India debt collection services which differ from the UK and therefore it is very important that cases are handled directly by our expert international debt collection agencies and not from debt collectors UK. This method of international debt collection sets Creditreform aside from the competition who in many cases try and recover debts from a UK debt collector only. Using the local offices and partners enables us to achieve a far greater success rate and our No Win No Fee service together with competitive commission rates against monies recovered only ensures you get the best service.
China Debt Collection Partners in the following Chinese Cities Beijing Debt Collection Agency Changchun Debt Collection Agency Chengdu Debt Collection Agency Chongqing Debt Collection Agency Dalian Debt Collection Agency Dongguan Debt Collection Agency Guangzhou Debt Collection Agency Guiyang Debt Collection Agency Hangzhou Debt Collection Agency Harbin Debt Collection Agency Hechi Debt Collection Agency Nanjing Debt Collection Agency Shanghai Debt Collection Agency Shenyang Debt Collection Agency Shenzhen Debt Collection Agency Tianjin Debt Collection Agency Wuhan Debt Collection Agency Xi'an Debt Collection Agency Zhangzhou Debt Collection Agency Zibo Debt Collection Agency
Which countries border China?
China has land borders with 14 countries: North Korea to the east; Mongolia to the north; Russia to the northeast; Kazakhstan, Kyrgyzstan and Tajikistan to the northwest; Afghanistan, Pakistan, India, Nepal and Bhutan to the west and southwest; and Vietnam, Laos and Myanmar to the south.
Who are the main trading partners for Angola?
What is the legal system in China?
The China legal system is based on Germanic Civil law and France Civil law, also with influences from the Soviet Socialist law from Soviet Union.
What is the name of the Government Gazette in China?
The Gazettes in China are as follows:
中华人民共和国国务院公报 - People's Republic of China State Council Gazette
中华人民共和国全国人民代表大会常务委员会公报 - People's Republic of China National People's Congress Standing Committee Gazette
What is the Supreme Court in China?
The Supreme Court in China is called the Supreme People's Court, Standing Committee of the National People's Congress.
China Debt Collection Agency FAQs
1. How does a Debt collection agency in China recover overdue debts?
The debt collection process is initiated by an introductory letter to your debtor stating the amount owed to you and informing them of our involvement. Letters are then followed up with emails and telephone calls. From our experience the most effective part of this process will be the outsourcing to a third party debt collection agency in China as the debtor now has to resolve the debt and can no longer hide or provide lame excuses.
2. How long does the debt recovery agency in China take to process a case?
The debt collection case will be processed immediately up receipt and a letter sent normally by email and post. You will receive an automated confirmation by return.
3. What is the success rate for debt collection agencies in China?
The success rate of the debt recovery case depends on a number of factors including the solvency of the debtor and whether the case has a legitimate dispute. Our aim is to recover every debt that is recoverable.
4. Does the debt recovery agency in China operate a No Win No Fee debt collection?
We take on all debt collection cases on No Win No Fee basis only charging the agreed commission against monies recovered.
5. Why use a local debt recovery agency in China?
The reasons for using a local China debt collection agency than processing from a different country is the debt collector in China speaks the local language, knows the local laws and operates in the same time zones.
6. Are there any debts too old or too small for China debt collection?
We will assess all debt cases, irrelevant of age and size and then advise the best processes to recover these through the China debt collector.
7. How do I instruct the debt collectors in China?
Instructing the debt collectors China is a simple process. You just email details of the debt, debtor and amount to be recovered and the case can be initiated.
8. What evidence do I need to provide when instructing the China debt collector?
When instructing the debt collector in China just provide copies of invoices/statements, debtor contact details and any relevant information you may have to assist with the recovery process.
9. Who does the debtor pay?
In general the debt collector in China will request payments to be sent directly to the client but if not possible for any reasons will take payment directly. If payment is taken then cleared funds will be processed and sent to client straight away.
10. Can I instruct multiple cases?
You can send unlimited debt case instructions. Our systems will automate volume cases to meet your requirements.
11. Can you trace debtors in China?
Through our network of skip tracing agents we have an extremely high success rate of locating your absconded debtor.
12. How long does the debt collection process take?
On average the debt collections process takes 90 days to resolve an amicable debt recovery case. There are a number of factors that can delay this process but we will keep you informed every step of the way.
13. What are my options if debt collection in China is not successful?
If the debt recovery service is not successful we will advise you of your options including legal actions. Please note no legal actions or other processes will be taken without prior instruction from you.