What should I do if I default on the project payment? Try these 14 methods.

Debt-in-kind method (also known as debt restructuring)

If the debtor has no cash repayment, but agrees to pay the debt in kind, a reasonable valuation will be made. Compensation should be economical and practical, and should be easy to realize. In the process of paying off debts, people who pay debts in kind need to go through the corresponding registration procedures of ownership mortgage.

Case analysis: a real estate project contracted by our company is not sold well for various reasons. Up to now, the real estate company has defaulted on the progress payment of RMB 6,543,800+million, which cannot be paid. A large number of houses are idle, and real estate companies may go bankrupt at any time. How to urge them is very difficult.

According to the general terms of the contract between the two parties, if the owner defaults on the progress payment and fails to improve after being urged, he can stop work. However, once the work stops, the real estate company will be in a more difficult position and will inevitably go bankrupt. This result is not what the company expected.

In order to claim rights and leave room for manoeuvre, we take the following measures:

1. The head office sends a letter to the corresponding branch, the main content of which is that the owner fails to urge the payment of overdue project funds, and the branch has the obligation to urge the payment. Ask the branch to negotiate with the owner within a time limit, pay debts in kind and postpone the payment agreement. It is clearly stated in the agreement that the 6,543,800,000 yuan owed by the defendant should be paid off before ××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××× If the owner does not agree, the work will be stopped. At this time, the real estate company is very nervous when it stops working.

2. The deferred payment agreement shall be notarized, and the notarized repayment agreement may be directly applied for enforcement without litigation.

2

Recording urging method

Case analysis: the final payment of a project is 300,000 yuan, which has not been paid for 10 years. At the beginning of 2004, the legal adviser of the construction enterprise collected the construction contract and project completion report signed by both parties, which laid the foundation for safeguarding rights. After obtaining the above-mentioned evidence, the contractor obtained the audio-visual evidence of the interruption of the limitation of action in this case by telephone recording and video recording in accordance with the provisions of the Supreme People's Court on Several Issues concerning Civil Evidence.

During June 5438+10, 2004, the project manager called the owner's mobile phone, and the main contents of the call were:

1, the amount owed by the other party;

2. The contractor has been claiming creditor's rights since 1994;

3. When to repay the arrears.

The whole process of the call was recorded. Especially in the video evidence, the scene environment, the people present and the process of the project manager calling the owner's mobile phone are clearly visible. Subsequently, the mobile company extracted the telephone "call list" used by the project manager. At this point, the evidence chain that interrupted the limitation of action was completed, and all the evidence of the other party's arrears in the project payment was obtained, which provided legal evidence for restoring the limitation of action.

three

Bank transfer method

For example, the owner of a project owes hundreds of thousands of yuan for the project. Over the years, the owners have delayed payment under various excuses and failed to make reconciliation records, resulting in the creditor's rights exceeding the limitation period. In order to obtain the evidence, the construction party can first send someone to the other unit to pay off the debt, and the other party can pay as much as possible, but not in cash, but ask for a draft from the bank, and do everything possible to restore the limitation of action.

four

Negotiation and settlement method

The re-signed contact sheet and statement are effective evidence of debt settlement.

five

Investigation method of commission for discipline inspection

Find the debtor's unit and ask for the business contact form on the grounds of leaving the office audit of middle-level cadres in enterprises. Once the statement is issued, it is valid evidence.

six

Intentional claim method

If the amount owed is 40,000 yuan, it has been more than 2 years. The construction party sent a letter to the owner by express delivery, deliberately demanding to pay off the arrears of 80,000 yuan. Sometimes the debtor feels aggrieved and only admits 40,000 yuan in reply. Such a reply is evidence that the construction party won the case.

seven

Procedural law

We should make full use of relevant laws, such as the Priority of Compensation, the Interim Measures on Paying off the Project Arrears by Agreement to Make Enforcement Effective and Fair, and the Interpretation of the Supreme Court on Applicable Legal Issues in the Trial of Construction Contract Disputes, to protect our legitimate creditor's rights. For those with sufficient evidence, clear facts, fruitless reminders and repayment ability, we will resolutely carry out legal proceedings. In litigation practice, evidence collection is the foundation, litigation preservation is the premise, and friendly negotiation is the way.

eight

Understanding psychological methods

Some Party A don't want to pay back the money in time, but they are afraid of bringing negative influence on themselves. The construction party can seize the weakness that they are worried about expanding the problem and affecting their reputation. On the one hand, they have repeatedly come to the door to urge repayment; On the other hand, the organizer collects the arrears in a special period, and the other party is often forced by public pressure to pay off all the arrears.

nine

Tracking and recovery method

For the "nail" creditor's rights that are difficult to pay off, you can take the way of "sticking, following and biting" and never stop until you reach your goal. However, it is not appropriate to hire social "private detectives" to follow up, let alone use illegal means.

A construction unit adopted the method of keeping an eye on it, and finally made the developer repay the project money. In a housing construction project undertaken by the company, the developer boss evaded the debt, but the construction party failed to pay off the debt. The construction party arranged for three people to drive to pay off debts. After nearly a month's tracking, he finally blocked the developer's boss's mouth at midnight on the 28th of the twelfth lunar month, making him aware of his loss and writing a repayment check for several million yuan overnight.

10

Internal bidding method

Some companies take out some difficult projects, invite tenders for employees to pay off debts, and give certain preferential policies to encourage employees to pay off debts. Through the formulation and issuance of the "Measures for Internal Bidding of Accounts Receivable", the bidding fee standard, bidding method and sample of entrusted collection contract are stipulated.

Case analysis: A company has successively carried out 3 15 creditor's rights projects, involving an amount of 1 070,000 yuan, and the company1employee has successively undertaken 6 creditor's rights projects, and * * * recovered foreign debts with an age of more than five years of 4.06 million yuan. By summing up the annual work of "clearing debts" and selecting advanced collectives and individuals, many units have mobilized the enthusiasm of clearing debts and innovated many means of clearing debts.

1 1

Extended liquidation method

Specific measures are:

1, to undertake the continuation project;

2. Help the real estate agent to sell the house and repay the arrears with the income from selling the house;

3. Match suppliers to buy commercial houses to offset the money we owe.

12

Creditor's rights transfer method (triangle erasure method)

Correct use of creditor's rights transfer can effectively solve the problem of triangular debt, reduce the cost of clearing debts and alleviate the contradictions between enterprises.

Case study: A company cooperated with a company in Hunan to build a road pavement project. After the project passed the initial inspection and was delivered, Party A still owed 65.438 million yuan. In order to recover the debt as soon as possible, Company A transferred more than 9 million yuan of creditor's rights to its partners by means of creditor's rights transfer, and signed the Creditor's Rights Transfer Agreement, which offset the equivalent debt owed by Company A to a company in Hunan.

13

Media exposure method

A group in Yunnan has repeatedly asked the local TV station in Yunnan to expose the owners of a building and other engineering projects that have been in arrears for a long time, so that the real estate developers who have maliciously defaulted on the project funds can attract social attention and achieve the effect of paying off debts.

14

Contract prevention law

It is difficult to settle the project and evaluate the price. The owner does not evaluate the price in time for various purposes; At the same time, the effectiveness of the price evaluation needs to be determined by both parties. It often happens that the construction party examines the price and the owner does not approve it; The owner reviews the price, but the construction party does not approve it. It is laborious and time-consuming to review the price repeatedly in various ways.

To this end, the following agreements can be reached in the contract:

1. "The owner shall complete the price appraisal within × days after receiving the final statement, and it will be deemed effective if it is overdue" to prevent the price appraisal from being overdue. Sometimes the above statement is made directly in the contract, and the owner refuses to sign it for fear of damage to his rights and interests. Another alternative way is to make it clear in the contract that both parties apply the Building Law and the Measures for the Administration of Construction Contracts and Contract Valuation. Although the latter is the result of departmental regulations promulgated by the Ministry of Construction (which makes it clear that the owner will take effect after the deadline), once both parties choose to apply it, it will also have the same effect of "taking effect after the deadline".

2. "If the construction party has any objection to the owner's timely audit results, both parties agree that either party will go to XX accounting firm for audit, and the audit price will be regarded as the final conclusion". In order to prevent repeated price review.

The article originated from the bidding APP.