周誓超律师代理某美国企业调解收回全部欠款

成功案例｜涉外法律｜活动沙龙｜招聘人才

近日，上海兰迪（深圳）律师事务所周誓超律师代理某美国企业处理的境内欠款追收纠纷以诉讼调解结案，客户收回款项合计近50万元人民币。

该美国企业此前向东莞某贸易公司采购商品，因对方迟延发货，双方协商后由该贸易公司出具书面退款承诺，其唯一股东兼董事以个人名义对退款义务承担连带保证责任。承诺期限届满，对方未退款。

周誓超律师接受委托后，先以律师函催告还款，对方口头答应，此后无实际行动。周律师遂建议客户立即起诉该贸易公司的唯一股东本人，并指导客户完成主体及授权文件的公证、海牙认证。

起诉过程起初并不顺利。被告长期人户分离，户籍地法院不予受理，周律师团队调查取证，调取到被告在经常居住地的居住登记信息，据此成功立案。周律师还同步申请财产保全，冻结被告账户及其对外持有的股权，对被告形成还款压力。

被告最初拒不承认欠款，并否认退款承诺书上的签名系其所签。周律师遂指导客户从境外银行调取多笔历史付款凭证，与书面承诺相互印证，证明欠款事实。在充分的证据面前，被告不再否认欠款。经周律师居中协调，双方最终达成调解：给予被告一定宽限期，由其分八期按月支付欠款；同时为确保客户收回款项，任何一期逾期未付，全部剩余款项连同违约金立即到期，客户可直接申请强制执行。法院出具民事调解书，对上述安排予以确认。

调解书生效后，周律师逐期跟进被告还款情况：每期到期即提醒、催告，款项到账后与客户逐笔核对。八期款项及被告承担的保全费、诉讼费均已付清，客户债权全部实现。

客户对周律师的工作非常满意，不仅将多个在华案件委托给周誓超律师团队，还聘请其提供常年法律顾问服务。

Represented a U.S. company in a foreign-related contract dispute, concluding the case through mediation and successfully recovering the payment in full

Recently, Larry Zhou, senior partner of Landing (Shenzhen) Law Office, concluded a domestic debt recovery dispute he handled for a U.S. company through mediation in litigation, with the client recovering nearly RMB 500000 in total.

The U.S. company had previously purchased goods from a trading company in Dongguan, China. Due to the supplier's delayed shipment, the supplier issued a written refund commitment after negotiation, and its sole shareholder and director personally assumed joint and several guarantee liability for the refund obligation. When the deadline passed, no refund was made.

After being retained, Attorney Larry first sent a demand letter. The counterparty verbally agreed to repay but took no actual action thereafter. Attorney Larry then advised the client to immediately sue the sole shareholder of the trading company in his personal capacity, and guided the client through the notarization and Apostille legalization of its corporate and authorization documents.

The filing process was initially not smooth. The defendant had long lived apart from his registered household, and the court at his place of household registration declined to accept the case. Larry's legal team investigated and obtained the defendant's residence registration records at his place of habitual residence, on which basis the case was successfully filed. Larry also applied for property preservation in parallel, freezing the defendant's bank accounts and the equity he held in other companies, which put the defendant under repayment pressure.

At first, the defendant refused to acknowledge the debt and denied that the signature on the refund commitment was his own. Larry therefore guided the client in retrieving multiple historical payment vouchers from overseas banks, which corroborated the written commitment and proved the debt.

Faced with sufficient evidence, the defendant no longer denied the debt. Through Larry's coordination between the parties, they ultimately reached a settlement: the defendant was granted a grace period to pay the debt in eight monthly installments; at the same time, to secure the client's recovery, upon any missed installment, all remaining amounts together with liquidated damages would immediately become due, and the client could apply directly for compulsory enforcement. The court issued a civil mediation order confirming these arrangements.

After the mediation order took effect, Larry Zhou tracked the defendant's repayment installment by installment—reminding and pressing for payment as each due date arrived, and reconciling each receipt with the client. All eight installments, together with the preservation and court acceptance fees borne by the defendant, have been paid in full, and the client's claim has been fully satisfied.

The client was very satisfied with Larry Zhou's legal work and has since not only entrusted the legal team with multiple matters in China, but also retained the team as its regular legal counsel.