债权债务收费标准Fee standards for debt and creditor's rights
债权债务收费标准1、约见律师咨询:债权债务等方面法律咨询收费标准:律师办公室面谈每小时收费人民币200元;上海市区内当事人指定地点面谈每小时收费人民币500元(提醒:咨询请提前预约,不满1小时以1小时计)2、普通代理收费债务事先支付律师费,追回款项全部由债主所有;追讨债务过程中所发生的实际费用据实结算,包括:调查费、取证费、一、二审诉讼或仲裁费、执行费、工商费、交通住宿费等;3、半风险收费:债主事先支付部分服务费,事后按追讨回款项较小比例(10%-50%)付费;追讨债务过程中所发生的实际费用据实结算,包括:调查费、取证费、一、二审诉讼或仲裁费、执行费、工商费、交通住宿费等;4、全风险收费:债主不支付任何费用,按追讨回款项较高比例(20%-50%)付费;适用范围:客户历年累积的应收帐款金额较大,债务人数量众多,又遍布于不同的省份之间,且欠款年限不等,清欠难度各异。具体操作步骤:1、先与委托人分析有关资料,包括《购销合同》、《担保合同》、欠款转帐凭证及结算凭证等,然后与债权人确定可“打包清欠”的一组案件,就清欠事宜与我们签订委托合同,并签署授权委托书后,我们律师即可投入工作。2、审慎调查。包括调查债务人的主体资格、社会背景、生产经营及资产现状、动产、不动产、其他投资、其他债权等状况。我们可自行调查,亦可通过与协作单位的联合,授权外地合作伙伴对当地的债务人的生产经营活动、财产状况等进行调查,并收集掌握债务企业目前的第一手材料,为清欠工作打好基础。在审慎调查的基础上,依据相应的条件,对“打包”案件进行初步筛选,确认案件启动的先后顺序和选择有效的清欠手段。3、协商谈判阶段。在前期调查准备工作充分、全面地完成之后,我们向债务人发出《法律意见书》或《律师函》,促使债务人主动履行债务,或促成还款谈判。律师参加谈判,并制定谈判方案,解决谈判中的法律事务,争取和债务人达成《还款协议》,促使债务人诉前主动履行债务,减少和避免诉讼成本,维护双方和睦关系,最大限度地争取以和解的方式收回欠款。4、诉讼准备阶段。在与债权人协商谈判的同时,根据具体情况及时采取诉前财产保全措施,及时冻结查封债务人的财产,争取诉讼的主动权。5、诉讼阶段。及时提起诉讼,争取在短时间胜诉结案或与债务人达成庭内调解协议。6、代理参加执行程序。对有能力、有条件的债务企业,应力争一次性全额收回全部欠款;暂时无力清偿全部欠款的债务企业,应力争在确定的时间内,分期分批收回应收帐款;对于债务人因破产、注销等客观原因最终无法收回欠款的,我们取得相关法律文件,作为企业核销帐目的依据,且能够为主管部门、税务部门等机关所认可。在执行过程中,我们密切与执行法院联系接触,最大限度地增强执行力度,参加财产评估、拍卖或变卖,确保执行款的及时收回,最大限度维护委托人的合法权益。注:以上信息仅供参考!
Fee standard for debt and debt: 1. Appointment with lawyer for consultation: Legal consultation fee standard for debt and other aspects: The lawyer's office charges RMB 200 per hour for interviews; A fee of RMB 500 per hour is charged for the designated location of the parties involved in the Shanghai urban area for face-to-face interviews (reminder: please make an appointment in advance for consultation, less than 1 hour will be counted as 1 hour). 2. For general agency fees, legal fees should be paid in advance, and all recovered funds should be owned by the creditor; The actual expenses incurred in the process of debt recovery shall be settled truthfully, including investigation fees, evidence collection fees, first and second instance litigation or arbitration fees, execution fees, industrial and commercial expenses, transportation and accommodation expenses, etc; 3. Half risk fee: The debtor pays a portion of the service fee in advance, and then pays a smaller proportion (10% -50%) of the recovered amount afterwards; The actual expenses incurred in the process of debt recovery shall be settled truthfully, including investigation fees, evidence collection fees, first and second instance litigation or arbitration fees, execution fees, industrial and commercial expenses, transportation and accommodation expenses, etc; 4. Full risk fee: The creditor shall not pay any fees and shall pay a higher proportion (20% -50%) of the recovered amount; Scope of application: Customers have accumulated a large amount of accounts receivable over the years, with a large number of debtors spread across different provinces and varying years of debt, making it difficult to clear debts. Specific operation steps: 1. First, analyze relevant information with the client, including the "Purchase and Sales Contract", "Guarantee Contract", debt transfer vouchers and settlement vouchers, etc. Then, determine a set of cases that can be "packaged and cleared" with the creditor, sign a commission contract with us on debt clearance matters, and sign an authorization letter. After that, our lawyer can start working. 2. Prudent investigation. This includes investigating the debtor's subject qualifications, social background, production, operation, and asset status, as well as the status of movable, immovable, other investments, and other debts. We can conduct our own investigation, or authorize external partners to investigate the production and operation activities, property status, etc. of local debtors through collaboration with collaborative units. We can also collect first-hand materials on the current situation of debtor enterprises, laying a foundation for debt clearance work. On the basis of prudent investigation and based on corresponding conditions, preliminary screening of "packaged" cases is carried out to confirm the order of case initiation and select effective debt clearing methods. 3. Negotiation stage. After the preliminary investigation and preparation work is fully and comprehensively completed, we issue a legal opinion or lawyer's letter to the debtor to encourage them to voluntarily fulfill their obligations or facilitate repayment negotiations. Lawyers participate in negotiations, develop negotiation plans, resolve legal matters during negotiations, strive to reach a repayment agreement with the debtor, encourage the debtor to actively fulfill their obligations before litigation, reduce and avoid litigation costs, maintain a harmonious relationship between the two parties, and strive to recover debts through reconciliation to the greatest extent possible. 4. Litigation preparation stage. While negotiating with creditors, timely take pre litigation property preservation measures based on specific circumstances, freeze and seal the debtor's property in a timely manner, and strive for the initiative in litigation. 5. Litigation stage. Promptly file a lawsuit and strive to win and close the case in a short period of time or reach an in court mediation agreement with the debtor. 6. Proxy participation in program execution. For capable and conditional debt enterprises, efforts should be made to fully recover all outstanding debts in one go; Enterprises that are temporarily unable to repay all outstanding debts should strive to recover their accounts receivable in installments and batches within a determined time frame; For debtors who are unable to recover their debts due to objective reasons such as bankruptcy or cancellation, we obtain relevant legal documents as the basis for the enterprise to verify its accounts, and can be recognized by the competent authorities, tax authorities, and other authorities. During the execution process, we closely communicate with the executing court to maximize the execution strength, participate in property evaluation, auction or sale, ensure timely collection of execution funds, and maximize the protection of the legitimate rights and interests of the client. Note: The above information is for reference only!