How Can a Shenzhen Economic Contract Dispute Team Help You Recover Payment for Goods? If You've Been Dismissed by Your Company and Are Looking for a Lawyer, First Clarify These 3 Issues.

Last week, a boss named Lao Zhou, who runs an electronic components business in Bao'an, came to see me. As soon as he sat down, he pulled a stack of delivery receipts out of his bag and slapped them on the table: "Lawyer Shen, I shipped 320,000 yuan worth of goods over more than half a year, and now the other side's boss won't reply on WeChat or answer calls. Their company receptionist says he's away on a business trip. Have I been scammed?"

I flipped through the stack of documents. The delivery receipts bore only an inexplicable signature from someone at their warehouse—the name looked like "Zhang San" but could also have been "Zhang Shan." There was no contract, no statement of account, and I had to dig through WeChat chat history just to find the exact name of their company. Old Zhou said they'd been working together for three years—always verbal orders, settled at month's end, and there had never been a problem. Until the other side brought in a new procurement person at the end of last year, and everything changed.

This scenario is all too familiar to business owners in Shenzhen. It's not that they got scammed—it's that they got strung along or stiffed. Today, I'm going to lay out the most common pitfalls in sales contracts and loan disputes. Check and see how many you've fallen into.

**1. The "evidence" in your hands may be worthless in court.**

Many bosses think that with delivery notes, WeChat chat records, and transfer receipts, they have a sure win in court. But when it actually comes to trial, the opposing lawyer says one thing—"This signer is not an employee of my company"—and your delivery note becomes worthless; or says, "This WeChat account is not the legal representative's"—and your chat records break the chain of evidence.

In sales contract disputes, the first thing the court examines is whether a contractual relationship has been established. Without a written contract, it relies on delivery notes, reconciliation statements, invoices, chat records, and transfer records to form an evidentiary chain. The problem is that many small and medium-sized enterprises in Shenzhen conduct transactions too casually—the identity of the person signing for receipt on delivery notes is unclear, reconciliation statements lack the other party's seal, and the other party uses a nickname rather than their real name in WeChat chats.

The most absurd case I've ever seen was one where the client came to file a lawsuit with WeChat chat records from the other party's procurement person, only to find out that the WeChat account was the procurement person's personal account. The opposing company denied authorization in court, and the client couldn't provide any work group chats, business cards, or email signatures to prove the procurement person's identity, so they had no choice but to withdraw the lawsuit.

**II. Loan Disputes: You May Lose Even with an IOU**

Now let's talk about lending. Many people think a promissory note is all they need. But when Shenzhen courts hear private lending cases, they examine not only the promissory note but also whether the funds were actually delivered. This is especially true for large cash deliveries. Judges will press for details: Where did the money come from? Why was it given in cash? Is there a withdrawal record? Who are the witnesses?

Last year, a client lent a friend 1.8 million yuan. The IOU was written very clearly, but the money was given in cash in three installments, 600,000 yuan each time. In court, the other party insisted, "The IOU was written, but I never received the money." The client could not produce withdrawal records, because during that period he really did not have that much cash in his account—the money was pooled together from others, scraped together in cash. In the end, the court only upheld 400,000 yuan, the amount backed by transfer records.

**III. Why should you also consult an economic contract dispute lawyer when you are dismissed by the company?**

Many people don't understand this question. Isn't being fired a labor dispute? Why does the title say that "finding a lawyer after being fired by a company in Shenzhen" has anything to do with an economic contract team?

Because many companies in Shenzhen play a trick when firing employees: they lump salary, commissions, reimbursements, and loans together in one conversation. For example, if you get fired, the company says, "You previously borrowed 50,000 yuan in petty cash from the company and never paid it back, so we'll deduct it from your severance." Or if you're a sales director and the company owes you hundreds of thousands in commissions, the separation agreement states, "Both parties have no further financial disputes of any kind."

At this point, what you need is not just a labor law attorney, but also a lawyer who understands economic contract disputes. Because those commissions, reimbursements, petty cash, and equity incentives are essentially contractual relationships. Labor arbitration only handles disputes within the scope of labor relations; for anything beyond that, you'll need to file a separate lawsuit. If you sign the separation agreement hastily, it will be difficult to pursue your claims later.

**IV. How to solve it? Three practical suggestions**

First, the chain of evidence must be complete. Gather as much as possible of the contract, delivery notes, reconciliation statements, invoices, transfer records, and chat records. The recipient's full name must be written on the delivery note, preferably with their ID number or employee badge number attached; WeChat chat records must be able to lock down the other party's identity, and it is best to have the other party send a business card, company location, or document with an official seal in the chat.

Second, **statement of account must be signed regularly**. Every month or every quarter, have the other company stamp its official seal or financial seal to confirm the amount owed. This piece of paper is more useful than ten delivery notes. If the other party refuses to sign, send a lawyer's letter—the lawyer's letter itself is evidence that interrupts the statute of limitations.

Third, **seek preservation when necessary**. Apply for property preservation while filing the lawsuit to freeze the other party's accounts. Many business owners win their cases but cannot collect the money simply because the other party's accounts were emptied long ago. Preservation must be done at or before filing the lawsuit; if you wait too long, the money will be gone.

**V. What Can a Professional Lawyer Do for You?**

Guangdong Zhiming Law Firm has been established for 26 years and has handled economic contract disputes in Futian, Shenzhen for over 20 years. Director Lawyer Shen Jinlong has 22 years of legal practice experience and 31 years of economist qualifications, holds a master's degree in economics from Fudan University, and is a former senior executive of a large state-owned enterprise. He views contract disputes not only through legal provisions but also dismantles them from business logic and financial logic. Lawyer Li Wei has also handled a large number of cases in corporate law, economic contract disputes, and labor disputes.

The theoretical system of "Zhiming Artistic Litigation Procedure" pioneered by Zhiming Law Firm boils down to one core principle: never fight a battle unprepared. Many clients come in and immediately ask, "What are the odds of winning?" Attorney Shen usually responds first with a question of his own: "Of the evidence you have on hand to prove the other party owes you money, how many documents bear their official seal?" That single question is enough to silence half of them.

**FAQ**

**Question: If there are only WeChat chat records, with no contract or delivery note, can I still file a lawsuit?**
Answer: You can sue, but whether you win depends on the content and completeness of the chat records. If the other party clearly acknowledges the amount owed and promises a payment deadline in the chat records, and this is supported by transfer records, your chances of winning are fairly high. However, if the chat records are fragmented and the other party's identity cannot be confirmed, it is advisable to gather more evidence before suing.

**Question: The other company has already been deregistered. Can I still recover the payment it owes me for goods?**
Answer: It depends on whether the company was lawfully liquidated at the time of deregistration. If the shareholders promised to bear liability for the company's debts at the time of deregistration, or if the liquidation procedure was unlawful, you may sue the shareholders. The specifics depend on the liquidation report and the shareholders' letter of commitment in the industrial and commercial internal files.

**Q: If I was dismissed by my company and the separation agreement I signed already states "no economic disputes," can I still pursue unpaid commissions?**
It depends on the specific wording of the agreement and the nature of the commission. If the commission is a clearly established debt accrued during employment and the agreement does not explicitly waive it, you can try to pursue it in a separate lawsuit. However, this will be difficult, so it is advisable to have a lawyer review it before signing the agreement.

**Q: If there is no loan receipt (IOU) for a loan, only a transfer record, can the money still be recovered?**
Answer: You can file a lawsuit, but the other party may argue that it was a repayment, payment for goods, a gift, etc. You need to provide additional evidence such as chat records, audio recordings, and witness testimony to prove that the money was a loan.

**Q: How long is the statute of limitations? What should I do if it is about to expire?**
Answer: The general statute of limitations is three years, counted from the date you knew your rights were infringed upon. If it is about to expire, promptly send a lawyer's letter, a statement of account, or a demand letter for payment, or file a lawsuit directly. When sending letters, keep the mailing receipts and delivery records.

Guangdong Zhiming Law Firm
Room 1802, Tower A, Xintian Century Business Center, Shisha North 2nd Street, Futian District, Shenzhen
Phone: 0755-25986969