【讨债方法】讨债方法解释Explanation of debt collection methods
【讨债方法】讨债方法解释
1.登门讨债
所谓登门讨债就是指债权人或者讨债人走出去，到债务人的所在地，到债务人大本营去，和债务人直接进行面对面的交涉、协商，直接向债务人就债的清偿进行催讨。
从古到今，登门讨债几乎都已在人们心目中形成了一种思维定势。人们一遇被债务人故意拖欠债务或者一旦发现债务人存心赖债，首先想到的便是立即找上门去登门讨债。人们这种习惯性的思维模式和传统的心理因素导致古往今来大多数的讨债行为都发生在债务人的大本营里，就是说，大多数的讨债行动都是在债务人的所在进行的，就是在今天也依然是如此。目前我国大多数的债权人和讨债人在选择讨债的场合时，也仍然将债务人的所在地作为首选目标。人们为什么要将债务人所在地，将债务人的大本营作为讨债的理想的场合呢?
这是因为：
首先，债务人欠债不还被债权人追上门来讨债，人们通常都会同情支持债权人，公众舆论对债务人不利。在公众心理上对债务人故意欠债不还总是存有某种程度的不满和谴责。另外，在我国的传统观念里，欠债的人们往往把人追上门来讨债视为一件不光彩的事。现在的债务人欠债虽然大多数不是为了个人而是为企业、为集体，但这种传统观念在相当一部分债务人的心理仍然不同程度地存在。讨债人(或债权人)根据社会舆论和债务人的这种心理，主动找上门去，既可以赢得舆论的支持，也会得到公众的同情。另外，更加重了债务人心理上的不光彩的感觉，因为讨债人一上门，公众就会知道债务人的行为更加不满，对债务人的信用持不相信的态度，这样的结果对债务人来讲，不仅是损失了面子，还会影响到他今后在社会经济生活中的信誉。因此，债务人欠债不还虽然是为了占点便宜，而一旦讨债人找上了门，债务人发现自己占不到什么便宜，便会主动尽快清偿债务。
第二，债权人或讨债人上门讨债，可以了解到债务人的生产经营的一些真实情况，可以了解到债务人欠债不还的直正原因，可以搞清楚债务人是具有偿还能力而有意拖欠，还是因为确实没有偿还能力而不得不拖欠。这对讨债人的下一步行动计划有重大关系。如果债务确确实实是因为某种原因造成无力偿还到期债务，讨债人则可以根据其具体情况决定是否允许延期履行，是否对债务人提供必要的帮助，是否同债务人修改或重新签订债务合同等等。如果债务人明明有偿债能力而故意拖欠不清债，那么讨债人所应当采取的措施则就大小相同了。他或者同债务人再进行交涉、纠缠，或者请求债务人的主管部门、债务人所在地的仲裁机构给予帮助、仲裁，或者干脆向法院提出诉讼等，迫使债务人尽快清偿债务。
再次，讨债人上门讨债，便于寻求社会支持，在债务人的大本营进行讨债活动，讨债人不仅要同债务人进行针锋相对的交涉和纠缠，同时，讨债人还应当也有条件寻求债务人所在地方的社会力量比如政府经济机关、新闻媒介等的支持，可以利用各种力量对债务人施加压力。就是说，债权人或讨债人亲临债务人的大本营讨债，更便于开展讨债活动，以促使债务人尽快履行债务。
据报载，某市总工会曾专门组织一支女子讨债队帮助企业登门讨债。除了讨债所应当具备的一些条件之外，每人出发时还特地带一两斤毛线在身。凡是遇到那些欠债不还的企业，这些女同志便整天坐在厂长或经理的办公室，一边打着毛线衣，一边陪着那欠债不还的经理(厂长)办公。遇到其它的客户找厂长(经理)谈生产、拉业务的人决不回避。过不了几天，这些欠债油子乖乖地答应履行债务。这就是利用我们上面所说的登门讨债会在无形之中对债务人形成一种强大的舆论压力和心理攻势。债务人毕竟还要继续做生意拉买卖。同他往来的客户一进他的办公室便看见一位催债的女同志，对他的信誉，对他的能力，对他的效益等等会立即产生莫大的怀疑，从而影响他们之间的经济关系。
总之，登门讨债较之其它的讨债场合，其优势性的确比较多、比较明显，因而也广被人们采用。但是，也有些债务不适宜在债务人的大本营而适宜在其它的场合催讨。
2 .请进自家门
债权人选择自己的大本营作为实施讨债活动的地点，在一般人看来本来实属有些不可思议，甚至会觉得荒唐。试想，债权人怎么可能将债务人请进自己的大本营向他要债?债务人自己走进债权人的大本营交涉债务问题那不等于债务人自己给自己戴脚镣手铐吗?大概没有哪个债务人愿意自讨苦吃的。这些看法是有道理的，债权人和债务人虽然存在着权利和义务关系，但是彼此之间都是独立的民事法律主体，其地位是平等的。彼此之间不存在行政上的隶属关系。如果债务人存在要赖债或者故意要拖欠债权人，他当然不愿意与债权人见面。不过，这种债务人毕竟为数不多。大多数债务人不能按合同约定的期限还债，都确确实实是避债权人的，甚至有的还会主动拜会债权人，向债权人说明情况，争取得到债权人的理解和同情，争取得到债权人同意缓期履行责备的允诺。这种情况，债权人亲自上门讨债其理想的结果也不过是和债务人协商制定一个可行的延迟履行合同。这样的讨债结果债权人在其它场合也完全可以达到。
债权人将债务人请进自己的大本营实行讨债行为，最关键的是“请”的方式和“请”的时间。只要债权人请的方式巧妙。请的时间正好，债务人不但会愉快地接受邀请，债权人也会顺利地达到其讨债的目的。什么样的方式和时间最好，这就要债权人根据各自的情况，根据各自债务人的情况而决定了。需要提醒债权人的一点是，不要等到债务人不还债的时候才想办法去向债务人追讨，虽说是亡羊补牢，犹未为晚，但毕竟是遭受一定的损失，对债权人来说最好是债务人能按时清偿债务。为此，在债务合同的期限快到之时债权人将债务人请进自己的大本营以极其巧妙的方式暗示对方要遵守债务合的约定，按时清偿到期债务，这或许能在某种程度上防患于未然。
从我们所接触的讨债实例来看，一些聪明精干的债权人用此方式达到催讨债务的目的的还真不少。更有一些老练的债权人在债务合同快到期限之际，邀请债务人到府上商谈另一笔生意，或者表示极大的没趣准备和债务人再合作一次，当然其前提自然是要债务人先将快到期限的债务了结，有利可图，任何一个债务人也会乐意合作。这样债权人便会很轻松地达到索要债务的目的，至于是否真的要同债务人再继续合作，主动权仍旧操纵在债权人手上。他也可能的确愿意同债务人再次合作，也许债权人所许诺的这另一笔生意仅仅只是一个诱饵，不论是否继续合作，债权人都已经达到了讨债的目的。他同债务人之间的债权债务关系已经了结，他完全可以自由选择下一次合作伙伴。
另外，债权人务必认识到，他和债务人的法律地位是平等的，他们彼此之间也不存在行政上的隶属关系，不存在谁领导谁、谁管理谁的问题，债权人在决定将债务人请到自己的大本营实施催债行为时，如果直接通知债务人务必于什么时间到债权人府上就有关债务问题进行商榷，势必会在债务人心理上造成一种逆反、对抗情绪，导致债务人拒绝同债权人见面商谈。在债务人看来，虽然他欠了债未还，但是债权人无权命令他该干什么。如果债权人友好地邀请债务人前来参加什么联谊会、讨论会、交易会之类的，恐怕债务人就容易接受邀请。
3.不期而遇
在我国目前的社会经济生活当中，讨债人上门讨债却见不着债务人的现象相当普遍。特别这几年的三角债，债权人最终也被逼成了债务人，一大堆在外面的债权得不到实现，而欠下的一长串债务却天天有人来催要，派出去讨债的人自己也被别人追讨债，为了躲避债务纠缠，许多债务人便常常在外“出差”，致使讨债人很难找得着他。遇上这种情况，讨债人算是真正碰上了困难，不过这困难也并不是毫无办法可想。只要讨债人知难而上，善于创造机会、能及时抓住机会，讨债总会达到目的。这所谓的“机会”便是怎样寻找债务人，又怎样在不期而遇的场合缠住债务人实施讨债行为。
我们所接触到的讨债案例中，不乏有这样的情况：讨债人多次登门讨债均因债务人外出而空手归去，正当讨债人为此苦恼不堪，一筹莫展之时，却万万没有想到意外地在某种场合比如在火车上又碰上了债务人，正如辛弃疾所说的众里寻他千百度，蓦然回首，债务人就出现在讨债人的身边。对债务人来讲这种场合当然是极不愿意碰上的，可对讨债人来讲，无疑是天赐良机。讨债人当然必须抓住这个得之不易的机会，同债务人进行有礼有节、认真耐心的交涉、纠缠，向债务人实施讨债行为，并力争得到债务人的承诺，尽快向债权人清偿所欠债务。
Explanation of debt collection methods
1. Visit the house to collect debts
The so-called doorstep debt collection refers to creditors or debt collectors going out to the debtor's location, to the debtor's headquarters, and directly negotiating face-to-face with the debtor, directly urging the debtor to pay off the debt.
From ancient times to the present, doorstep debt collection has almost always formed a fixed mindset in people's minds. When people encounter a debtor intentionally defaulting on their debts or discover that the debtor is intentionally defaulting on their debts, their first thought is to immediately come to their door to collect the debt. People's habitual thinking patterns and traditional psychological factors have led to most debt collection actions occurring in the debtor's headquarters throughout history. That is to say, most debt collection actions are carried out at the debtor's location, and this is still the case even today. At present, most creditors and debt collectors in China still prioritize the location of the debtor when choosing the occasion for debt collection. Why do people consider the location of the debtor and the debtor's headquarters as an ideal occasion for debt collection?
This is because:
Firstly, if the debtor fails to repay the debt and is pursued by creditors to collect it, people usually sympathize and support the creditors, and public opinion is unfavorable to the debtor. There is always a certain degree of dissatisfaction and condemnation among the public towards the debtor's intentional failure to repay debts. In addition, in the traditional concept of our country, people who owe money often see it as an shameful thing for them to come knocking on their doors to collect debts. Although most debtors nowadays owe money not for individuals but for businesses and collectives, this traditional mindset still exists to varying degrees in the minds of a considerable number of debtors. The debt collector (or creditor), based on social public opinion and the debtor's psychology, actively comes to the door, which can not only win the support of public opinion but also gain public sympathy. In addition, it further exacerbates the debtor's psychological sense of disgrace, because once the debt collector comes to their door, the public will know that the debtor's behavior is more dissatisfied, and they will hold a skeptical attitude towards the debtor's credit. This result not only loses face for the debtor, but also affects their reputation in social and economic life in the future. Therefore, although the debtor does not repay the debt in order to take advantage, once the debt collector approaches the door, the debtor finds that they do not have much advantage and will take the initiative to repay the debt as soon as possible.
Secondly, when creditors or debt collectors come to collect debts, they can understand some of the real situation of the debtor's production and operation, understand the direct reasons for the debtor's failure to repay the debt, and clarify whether the debtor has the ability to repay and intends to default, or has to default because they do not have the ability to repay. This has a significant impact on the next action plan of the debt collector. If the debt is indeed unable to repay the due debt for some reason, the debt collector can decide whether to allow an extension of performance, whether to provide necessary assistance to the debtor, whether to modify or re sign the debt contract with the debtor, etc. based on their specific situation. If the debtor intentionally fails to repay the debt despite having the ability to do so, the measures that the debt collector should take will be of the same magnitude. He may negotiate or entangle with the debtor again, or request assistance or arbitration from the debtor's supervisory department or arbitration institution in the debtor's location, or simply file a lawsuit with the court to force the debtor to repay the debt as soon as possible.
Once again, debt collectors come to collect debts, making it easier to seek social support and conducting debt collection activities in the debtor's headquarters. Debt collectors not only have to engage in direct negotiations and entanglement with the debtor, but also have the conditions to seek support from social forces in the debtor's location, such as government economic agencies, news media, etc. They can use various forces to exert pressure on the debtor. That is to say, creditors or debt collectors visiting the debtor's headquarters to collect debts are more convenient for carrying out debt collection activities, in order to encourage the debtor to fulfill their debts as soon as possible.
According to reports, the Federation of Trade Unions in a certain city once organized a women's debt collection team to help companies collect debts at their doorstep. In addition to the necessary conditions for debt collection, each person also carries one or two kilograms of yarn with them when departing. Whenever encountering enterprises that owe debts but fail to repay them, these female comrades sit in the office of the factory director or manager all day, knitting while accompanying the manager (factory director) who owes debts. When encountering other customers, those who talk to the factory director (manager) about production and business will never avoid it. In a few days, these debtors obediently agreed to fulfill their debts. This is the use of the concept of doorstep debt collection that invisibly creates a strong public opinion pressure and psychological attack on debtors. After all, the debtor still needs to continue doing business and buying and selling. As soon as his clients enter his office, they see a female debt collector who immediately raises great doubts about his reputation, ability, and efficiency, which can affect their economic relationship.
In short, compared to other debt collection occasions, doorstep debt collection has more advantages and is therefore widely adopted by people. However, there are also some debts that are not suitable for collection in the debtor's headquarters and are suitable for collection in other occasions.
2. Please enter your own door
Choosing their own headquarters as the location for debt collection activities by creditors is considered somewhat unbelievable and even absurd by ordinary people. Imagine, how could creditors invite debtors into their own headquarters to demand debts from them? Does the debtor enter the creditor's stronghold to negotiate debt issues on their own, which means the debtor is wearing shackles and handcuffs on their own? Probably no debtor is willing to suffer for themselves. These views are reasonable. Although creditors and debtors have rights and obligations, they are both independent civil legal entities with equal status. There is no administrative affiliation between them. If the debtor intends to default on debt or intentionally defaults on the creditor, he is naturally unwilling to meet with the creditor. However, there are not many debtors of this kind. Most debtors who are unable to repay their debts within the agreed time limit in the contract are indeed avoiding creditors. Some even proactively visit creditors, explain the situation to creditors, strive for their understanding and sympathy, and strive to obtain their consent to delay the performance of the debt. In this situation, the ideal outcome for creditors to personally come to collect debts is simply to negotiate with the debtor to formulate a feasible delayed performance contract. This debt collection result can also be achieved by creditors in other situations.
Creditors invite debtors into their own headquarters to carry out debt collection activities, and the most crucial factors are the method and time of the invitation. As long as the creditors apply cleverly. At the right time, the debtor will not only happily accept the invitation, but the creditor will also successfully achieve their debt collection goal. The best way and timing depend on the situation of each creditor and debtor. It is important to remind creditors not to wait until the debtor fails to repay the debt before finding a way to recover it from the debtor. Although it may be too late to make up for the situation, it will still result in certain losses. For creditors, it is best for the debtor to repay the debt on time. Therefore, when the term of the debt contract approaches, the creditor invites the debtor into their own headquarters in an extremely clever way to imply that the other party must abide by the terms of the debt contract and pay off the due debts on time. This may be able to prevent potential problems to some extent.
From the debt collection examples we have encountered, it can be seen that many smart and capable creditors use this method to achieve the goal of debt collection. Some experienced creditors invite the debtor to negotiate another business at the mansion when the debt contract is approaching its maturity, or express great disinterest in preparing to cooperate with the debtor again. Of course, the premise is that the debtor must first settle the debt that is approaching its maturity, which is beneficial and profitable, and any debtor will also be willing to cooperate. In this way, creditors will easily achieve the goal of demanding debt, and as for whether they really need to continue cooperating with the debtor, the initiative will still be in the hands of creditors. He may also be willing to cooperate with the debtor again, and perhaps the other business promised by the creditor is just a bait. Whether or not the cooperation continues, the creditor has already achieved the goal of debt collection. His debt relationship with the debtor has been settled, and he is fully free to choose his next partner.
In addition, creditors must recognize that their legal status is equal to that of the debtor, and there is no administrative affiliation between them. There is no question of who leads who or manages who. When creditors decide to invite the debtor to their headquarters for debt collection, if they directly notify the debtor, they must come to the creditor's residence at what time to discuss the debt issue, It will inevitably create a rebellious and confrontational sentiment in the debtor's psychology, leading to the debtor refusing to meet and negotiate with creditors. In the debtor's view, although he owes the debt but has not yet been repaid, the creditor has no right to order him to do anything. If creditors kindly invite debtors to attend social gatherings, discussions, trade fairs, etc., the debtor may easily accept the invitation.
3. Encounter by chance
In the current socio-economic life of our country, it is quite common for debt collectors to come and collect debts without seeing the debtor. Especially in recent years, creditors have also been forced to become debtors in the triangular debt, with a large number of external debts not being realized, and a long string of debts owed are being urged daily. The person sent to collect the debt is also being pursued by others. In order to avoid debt entanglement, many debtors often go on business trips, making it difficult for debt collectors to find them. In this situation, the debt collector has truly encountered difficulties, but this difficulty is not something that can be imagined without any means. As long as the debt collector knows the difficulties, is good at creating opportunities, and can seize opportunities in a timely manner, the debt collector will always achieve the goal. The so-called "opportunity" is how to find the debtor and how to entangle the debtor in debt collection behavior in unexpected situations.
In the debt collection cases we have encountered, there are many situations where the debt collector has repeatedly visited the house to collect debts but returned empty handed due to the debtor's absence. Just as the debt collector was in great distress and at a loss, he never expected to unexpectedly encounter the debtor again on a certain occasion, such as on a train. As Xin Qiji said, he searched for him thousands of times in the crowd. Suddenly, looking back, the debtor appeared next to the debt collector. For debtors, this kind of situation is certainly extremely unpleasant to encounter, but for debt collectors, it is undoubtedly a divine opportunity. The debt collector must certainly seize this hard-earned opportunity, negotiate and entangle with the debtor politely, seriously and patiently, carry out debt collection actions against the debtor, and strive to obtain the debtor's commitment to repay the debt owed to the creditor as soon as possible.