Debt recovery advising due to customers not paying goods

Contents of the case: Accordingly, CC Company agreed to sell to this LP Company a quantity of fertilizer worth up to VND 04 billion. After THE CC company completes the delivery and invoice of documents, lp company can not pay the fertilizer money, the amount of fertilizer can not be recovered because all fertilizer has been consumed. Currently, LP Company has been discontinued, the representative of LP Company PL is Mr. Nhan X no longer working locally but to Cambodia to work, his wife Nhan X still lives and works locally. Therefore, debt recovery becomes difficult.

Debt recovery advising due to customers not paying goods

After studying the dossier, we have given the following resolution direction:

For the purpose of identifying and binding payment obligations on individual subjects who are influential to the LP Company because the LP Company has in fact stopped operations, it is impossible to recover any lp Company assets. We offer solutions in stages as follows:

*Phase 1: Clarification of payment responsibilities

Currently, all debt records specify the responsibilities of LP Company. However, due to the decommissioning of LP Company, in order to have sufficient basis for legal action against Mr. Nhan X, it is necessary to determine:

• If the LP company ceases to operate due to the de-operation: Making the denunciation to the functional agency, determining the de-payment but not paying the entire debt is illegal (incorrect and forged dossiers of release). In this case, it is still possible to prosecute the LP Company, which requires those who are the Members' Council of the joint LP Company to be responsible for payment.
• If the LP company ceases operations due to bankruptcy: This case needs to study and complete the dossier to sue Mr. Nhan X formerly the lp company's legal representative. Due to the fact, Mr. Nhan X has confirmed the obligation to pay for existing debt as Director of LP Company based on the minutes of the repayment plan.

*Phase 2: Development of debt recovery plan

1. Carrying out procedures for initiating lawsuits

Since the debt is completely unsymed payment from the debtor, therefore the agreement, negotiating the payment request is not feasible. In order to ensure the interests of CC Company, it is necessary to carry out court proceedings to quickly coerce all of Nhan X's existing assets.

2.Organizing judgment enforcement

Coordinating with the Judgment Enforcement Agency to force Mr. Nhan X to perform the obligation to pay all debts is extremely necessary. It is necessary to have professional expertise to find the existing assets of Mr. Nhan X and coordinate and work closely with judgment enforcement to verify, blockade, coerce assets and accounts to avoid leading to the dispersal of assets, causing disadvantages in debt recovery.

In addition, it is necessary to coordinate with the authorities in Cambodia to prevent the dispersal of assets that Mr. Nhan X has in Cambodia, due to the fact that his assets contain most of the Cambodian side.

3. Request for travel ban

Currently, Mr. Nhan X regularly travels to Cambodia to live and work. He bought a lot of real estate assets such as vehicles, machinery,... for his sugarcane cultivation in Cambodia. However, he still returned to Vietnam to visit his wife and children in Long An province. Therefore, in order to ensure that he cannot shied away from performing his obligations, it is necessary to ask the competent authorities to apply the travel ban measure against Mr. Nhan X.