Remedial measures for shipping expenses

- May 15, 2018-

If the freight is not paid, some people will feel helpless and do not know what to do. I think the following measures can be taken:

1, as soon as possible to clarify the situation, through various channels as soon as possible to grasp the details of the arrears of arrears of freight. At this time, a targeted investigation can be carried out through the shipping agent, freight forwarder, ship broker, buyer of the sales contract, the other party of the bill of lading and consignee.

2. In the case of prepaid freight, if the debts of the debtor who are in arrears are poor and the solvency is limited, if they do not take measures, it will seriously affect the execution of the future judgment. At this point, direct application for pre litigation preservation or the MAREW ban will be applied to secure freight charges. And there is a period of time for the audit of the documents to be approved by the bank. If the time of the Bank of China is 7 days or so, the payment of the goods under the contract of credit of the contract of credit can not be paid, and the local judiciary can seal up and freeze the account of the Chad bank. In this case, understanding from the consignee is a good way to request a court decision to ask the debtor to pay its arrears of freight, which is a particularly direct method. But it can be seen that at this time the key is the time problem, such as the early discovery of the shipper's breach of contract, it can take measures in time to win the initiative, so the stipulations in the contract have a great effect on the success of the remedy after the event.

3, in the case of a large company, bank and other letter of guarantee, you can directly apply pressure to these guarantee units, or to pay by the debtor who is in arrears, or directly to the local court. At this time, the charge of freight can still be a great grasp.

4. When the debtor, who is in arrears with the freight, has the right to exercise the right to third persons, causing the property to increase and not increase and harm the carrier's freight charge, the creditor may subrogate the right of the debtor to increase the debtor's property and thus enable the rights to be realized. If the legal act of the debtor that is in arrears with the freight, which makes the property of the obligee undue and thus endangers the interests of the ship company as the creditor, the ship can apply for the court to revoke the legal act of the debtor who is in arrears with the freight, restore the property of the debtor and make the right to collect the freight.

5, the right of lien on marine goods can be exercised at the port of destination for the carrier's payment or the bill of lading clearly stipulates that the carrier may exercise the right of lien or the termination of the Charter and the conditions of the lien clearly and effectively merge into the bill of lading. If the debtor still does not pay the freight, the ship can directly detain the goods by auction, sell them and pay the premium from the price.

6, join the industry standard organization, use the organizational force to ensure the delivery of freight on time or bill of lading. For example, WIFFA's "merchant alliance reservation", the payment of shipping fees not on time, the association can be paid in advance.