专业团队

       丽丽和小云是闺中密友。　　小云打理着自己的窗帘生意，而且一做便不可收拾。几百人的布料加工厂，数十人的设计工作室，最有特色的是她的多层次销售渠道，商场、专卖店、大卖场，包括经销商都是她的销售对象，因而她的窗帘总是供不应求，一销而空。　　然而问题恰恰就出在她的多层次销售渠道上，一天小云在电话里告诉丽丽：“完了，心情灰暗到了极点，不见到窗帘还好，见到就郁闷。”　　细问才知道，原来是一个做窗帘经销的女人，买走了小云近半年的窗帘产量。小云说：“最重要的是她的理念跟我完全一致，人又很爽，货还没发就给了我30%的预付款，所以我就抓紧生产，还尽量帮她选好的面料、款式，货一批批地发出，但直到交割尾款的时间都过了，还没收到她的第二笔货款。”“她总是说女人做生意不容易，而且走的又是一条窗帘经销的新路，难免遇到回款难题，请我谅解。但现在的情况是我再谅解下去我就得破产。”小云真的遇到麻烦了。　　丽丽想这时候，作为好友可不能袖手旁观，“那个女人现在回避你吗？”　　“还没躲，但我一找她，她就向我哭诉别人也欠她的钱。”　　“那好，我跟你去找她谈。”丽丽说。　　第二天中午，丽丽拉着小云见到了那个女人，在办公室里，她还照常哭诉她的难处。　　“你说别人欠着你的货款，有凭证吗？合同或欠条都可以。”丽丽问。　　她看了看丽丽，有点诧异或者是惊疑，小云及时补上一句：“你卖给别人的价钱是多少跟我无关，我只是看看我的货款有无追回的可能。”　　女人点点头，从办公柜内搬出几个大档案袋，“这是我卖给商场的合同，都有签章，而且还有进货的质检证明。全都在这儿了。”　　所幸，她的客户还都是有点小名气的商场，丽丽心里有底了。“它们不会没钱的，债款已到期，你为什么不多要几次呢？”　　“去要了，但他们一致的回答是商场进货很多，资金周转不过来，让我们体谅。还说再这样催款，下次就不进我们的货了。你想，我好不容易打通关节上了路，我也怕呀。”　　“我能复印一份带走吗？”　　“行，行”看丽丽并不跟她要钱，她如释重负，赶紧让秘书去复印了。　　抱着一大摞厚厚的复印件丽丽回到了小云的公司，从合同中选出了五家声望最大，同时也是购买窗帘量最多的商场，算下来，它们欠那个女人的货款正好够还小云那70%的尾款以及延期支付的滞纳金了。　　于是，丽丽草拟了五份催款通知书，言明利害，并指出：“由于那个女人的公司怠于行使对贵商场已到期的债权，使她的公司不得不一直向小云的公司拖欠债务，并造成对小云公司的损害，因而希望贵商场在五天内妥善解决这一‘三角债’关系。否则，小云将向法院提起诉讼，请求以自己的名义代位行使对贵商场的债权。”　　“代位权的行使将对贵商场造成两大不利：一是一旦起诉，接近欠款1／3的诉讼费用将由贵商场额外承担。二是本次诉讼将知会各大新闻媒体，作为‘法律科普’提上本公司的公关议事日程，我想这样做不仅会有损贵商场的声誉，而且其他债权人可能会一并起诉，‘群起而攻’，岂不更糟。”　　想着这几家商场不敢不还钱了，喜滋滋的丽丽迅速地把五份催款通知书传真给了五家商场，并安慰小云放宽心，睡大觉好了。　　傍晚，丽丽的丈夫屈律师回来了，丽丽向他讲述一天发生的事情。　　“小姐，你忘了，代位权是需要法院确权的，要行使代位权，你必须向法院起诉，这样商场才可以直接向小云进行清偿。如果直接还给小云，那个女人以后不承认了，说她只出具了债权证明，但并没有进行债权的转移，再去向商场要债怎么办？商场从法律角度上讲还是有义务还的，当然也有权利再向小云追索，小云再向那个女人追偿，这岂不是乱了？”　　另外，如果商场把钱还给了那个女人，那个女人就一定把钱还给小云吗？她会不会还欠其他人的债呢？其他像小云一样的债权人同样有权索要呀，那你们辛苦半天可就真成公益劳动啦。”　　一席话把丽丽惊醒，“那我们该怎么办？”　　“要么向那个女人要求债权转移，要么直接向法院提起代位权之诉。”　　“哪个办法更好？”丽丽开始虚心求教。　　“从私利角度看，当然是债权转移最好，这样不但节省诉讼费用，时间上也迅速。”　　“那还有非私利呢？”　　“那就是从公益角度出发，一边进行代位权之诉，一边在媒体进行宣传，说不准对减少社会上的‘三角债’还大有益处呢。”屈律师笑着说。

   Lili and Xiaoyun are close friends in their boudoir. Xiao Yun is managing his curtain business and can't stop it as soon as he does it. A fabric processing factory with hundreds of people, a design studio with dozens of people, and the most distinctive feature is her multi-level sales channels, including shopping malls, specialty stores, supermarkets, and distributors. As a result, her curtains are always in short supply and sold out. However, the problem lies precisely in her multi-level sales channels. One day, Xiaoyun told Lily over the phone, "It's over, my mood is extremely gloomy. It's okay if I don't see the curtains, but when I see them, I feel depressed." Upon closer examination, it turned out to be a woman who sells curtains and bought Xiaoyun's nearly half year production of curtains. Xiao Yun said, "The most important thing is that her philosophy is completely consistent with mine, and she is very satisfied. She gave me a 30% advance payment before the goods were shipped, so I rushed to produce and tried my best to help her choose the right fabrics and styles. The goods were shipped in batches, but I didn't receive her second payment until the deadline for final payment had passed." "She always says that it's not easy for women to do business, and they are taking a new path of curtain distribution, which inevitably leads to difficulties in collecting payments. Please forgive me. But the current situation is that if I continue to forgive, I will have to go bankrupt." Xiaoyun really encountered trouble. At this moment, as a friend, Lili couldn't stand idly by. "Is that woman avoiding you now?" "Not yet, but as soon as I approached her, she would cry to me and tell me that others also owe her money." "Alright, I'll talk to you and talk to her," Lili said. The next noon, Lili pulled Xiaoyun and saw the woman in the office. She continued to cry about her difficulties as usual. "Do you have any proof that someone owes you money? A contract or IOU is acceptable," Lily asked. She looked at Lili, feeling a bit surprised or skeptical. Xiao Yun promptly added, "The price you sell to others has nothing to do with me, I just want to see if there is a possibility of recovering my payment." The woman nodded and took out several large file bags from the office cabinet. "These are the contracts I sell to the mall, all signed and stamped, and there is also a quality inspection certificate for the purchased goods. They are all here." Fortunately, Her clients are all somewhat well-known shopping malls, and Lili has confidence in her heart. "They won't run out of money. The debt is already due, why don't you ask for it a few more times?" "I asked for it, but their unanimous answer was that the mall has a lot of inventory and the funds cannot be turned over, which we understand. They also said that if we continue to urge payment like this, we won't buy our goods next time. You think, I finally got through my joints and I'm afraid too." "Can I make a copy and take it with me?" "Okay, okay" Look, Lily doesn't ask for money from her. ", She felt relieved and quickly asked her secretary to make a photocopy. Holding a large stack of thick copies, Lili returned to Xiaoyun's company and selected the five most reputable shopping malls from the contract, which were also the ones with the most curtains purchased. After calculation, the amount they owed the woman was just enough to repay Xiaoyun's 70% final payment and the late payment fee for the delay. So, Lili drafted five debt collection notices, stating her interests and pointing out that due to the woman's company's negligence in exercising the matured debt to your shopping mall, her company had to continuously default on debts to Xiaoyun's company, causing damage to Xiaoyun's company. Therefore, she hopes that your shopping mall can properly resolve this "triangle debt" relationship within five days. Otherwise, Xiaoyun will file a lawsuit with the court, requesting to exercise the creditor's rights against your shopping mall in his own name "The exercise of the right of subrogation will cause two major disadvantages to your shopping mall: firstly, once sued, the litigation costs close to one-third of the outstanding debt will be borne by your shopping mall in addition. Secondly, this lawsuit will be notified to major news media as a 'legal popularization' on our company's public relations agenda. I believe that doing so will not only damage your shopping mall's reputation, but other creditors may also sue together, 'attacking in groups', which is not even worse." Thinking that these few shopping malls dared not refuse to repay the money, joyful Lily quickly faxed five payment reminders to the five shopping malls and comforted Xiao Yun to relax and sleep well. In the evening, Lili's husband, Lawyer Qu, returned and Lili told him about the events of the day. Miss, you forgot that the right of subrogation needs to be confirmed by the court. To exercise the right of subrogation, you must file a lawsuit with the court so that the mall can directly repay Xiaoyun. If you directly repay Xiaoyun, the woman will not admit it in the future, saying that she only provided proof of debt but did not transfer the debt. What should you do if you go to the mall to ask for debt? From a legal perspective, shopping malls still have an obligation to repay, and of course, they also have the right to pursue compensation from Xiaoyun. Xiaoyun then seeks compensation from that woman. Isn't this chaotic? " Also, if the mall returns the money to that woman, will that woman definitely return the money to Xiaoyun? Will she still owe debts to others? Other creditors like Xiaoyun also have the right to demand it, so if you work hard for a long time, it will really become public welfare labor The words startled Lily, "So what should we do?" "Either demand the transfer of debt from that woman or file a lawsuit for subrogation directly with the court." "Which method is better?" Lily began to humbly seek advice. "From a self-interest perspective, of course, the transfer of debt is the best option, which not only saves litigation costs but also speeds up time." "And what about non self-interest?" "That is, from a public interest perspective, conducting subrogation lawsuits while promoting in the media, which may not be very beneficial for reducing the 'triangular debt' in society." Lawyer Qu smiled and said.